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03.06.24 Staff Report
Agenda March i• 2024, 11 ' Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online in s S Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fg/featured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinpark.granicus.comNiewPublisher.phpNiew id=90 Ave., Baldwin Park, CA 91706 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Cleric. Public Communication There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskbaldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION RECESS CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956: Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles Superior Court Case No. 24STCP00313 Case: K8 Investor Holding, LLC Case No. 2:23-CV-02428-SVW(PVCx) vs City of Baldwin Park Case: David Becerra vs State of California et al. Los Angeles Superior Court Case No. 22STCV06605 Case: John Doe J.R. vs John Doe 1 Los Angeles Superior Court Case No. 22PSCV03108 Case: Matthew Rodriguez vs City of Baldwin Park Case No.: 22:22-CV-01069-FLA(MARx) 2. Conference with Legal Counsel - Initiation of Litigation Pursuant to California Government Code, Section 54956.9 (d)(4). One Potential Case - Calino Avenue Project — Contractor Dispute 3. Conference with Legal Counsel - Exposure to Litigation Pursuant to California Government Code, Section 54956.9(e)(4) Two (2) Potential Cases: Threat of Litigation Issued During February 7, 2024 City Council Meeting Relating to Award of Contract for Barnes Park Multi -Benefit Stormwater Capture Project 4. Conference with Real Property Negotiators Pursuant to California Government Code, Section 54956.8 Property: Property Adjacent to Barnes Park - Assessor Parcel Number: 8550-004-026 Agency negotiator: Enrique Zaldivar, CEO; Sam Gutierrez, Director of Public Works Negotiating parties: Consumers Holding Company Under negotiation: Price & Terms of Payment ADJOURNMENT CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at sduinones(a-)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) r t r Agenda a March i" t 11 ' Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person in Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 Reasonable Accommodations Online i__050 Audio streaming will be available at https://www.youtube.com/channeUUCFLZO dDFRiy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.comNiewPublisher.phpNiew id=10 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Cleric. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskbaldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation — Monthly Billing, Automated Meter System and Water Supply Updates presented by Valley County Water District General Manager, Jose Martinez. PUBLIC COMMUNICATIONS CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting. 3. Approval of transfer of Billboard Development Agreements from Becker Boards Small, LLC to New Tradition Outdoor, LLC. It is recommended that the City Council authorize the City Manager to execute the consent and acknowledgement letter allowing the transaction and assignment of Development Agreements for billboards located at 1919 Puente Avenue and 13100 Brooks Drive to New Tradition Outdoor, LLC (Buyer). 4. Authorize Painting Services with Dream Painting Inc. for the Esther Snyder Community Center for CIP21-193 & CIP21-194 It is recommended that the City Council: 1. Authorize the painting services in the amount of $63,000 with Dream Painting Inc.; and 2. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and 3. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. 5. Waive Formal Bid Procedures and Authorize the Purchase from Shaw Integrated Solutions, Inc. for CIP24-051-051-56017 & CIP21-193 Replacement of Police Department Dispatch Carpet & Flooring and Esther Snyder Community Center Gymnasium Wall Carpet It is recommended that the City Council: 1. Waive formal bid procedures pursuant to Section 34.23(C) of the Baldwin Park Municipal Code; and 2. Authorize the purchase in the amount of $53,770.02; and 3. Authorize the Director of Recreation & Community Services to executive any other associated documents needed for the purchase; and 4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP and make necessary adjustments to the budget as well as the appropriation of $3,943.76 of General Fund to cover the additional cost for CIP24-051-56017. 6. Waive Formal Bid Procedures and Authorize the Purchase from TLS Choice LLC to Replace Esther Snyder Community Center Sound Panels for CIP21-193 & CIP21-194 It is recommended that the City Council: 1. Waive formal bid procedures pursuant to Section 34.23(C) of the Baldwin Park Municipal Code; and 2. Authorize the purchase in the amount of $166,339.83 from TLS Choice LLC; and 3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and 4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. PUBLIC HEARING REPORTS OF OFFICERS 7. Recommendation for Approval of Funding From the Measure BP Stakeholders Oversight Committee (SOC) — Architectural Services for Concept Report for Proposed Sports Complex. It is recommended that the City Council: 1. Concur and approved the recommendation from the SOC for Funding from Measure BP Revenue for the preparation of a Concept Report for the development of a sports complex in the City for the amount of $80,000. 2. Authorize the Director of Finance to appropriate $80,000 from the Measure BP Fund 3. Direct the Chief Executive Officer and the Director of Recreation and Community Services to solicit Architectural Services via a Request for Qualifications (RFQ) for this purpose. 8. Approve the Requisition of Eleven (11) New Police Vehicles to the City's Lease Program — Measure BP Stakeholders Oversite Committee (SOC) Recommendation It is recommended that the City Council: 1. Concur and approve the recommendation of the SOC for funding from Measure BP Funding for $1,056,00.00 plus $80,000.00 for contingency at the discretion of the CEO for the lease acquisition of eleven (11) Police Vehicles. 2. Authorize the addition of eleven (11) new police vehicles to the City's Lease Program; and 3. Authorize the Director of Finance to appropriate $1,136,00.00 funds from Measure BP (Fund # 110) for this lease agreement; and 4. Authorize the Director of Public Works or their designee to add eleven (11) vehicles to the lease program to include: • 10 Dodge Durango Pursuit vehicles. • 1 Ford Mustang Mach-E Sport Crossover Utility vehicle. • Accessories, light bar, police cage, and support equipment. ($24k per vehicle). 9. Consider and Approve a Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance of the City's Dial -A -Ride and Fixed Route Transit Program and Approve a Compressed Natural Gas (CNG) Refueling Agreement with the City of El Monte to Support the City's Transit Program It is recommended that the City Council: 1. Approve a 1-year Transit Services Agreement (TSA) with Southland Transit, Inc. and possible extension of one additional year, and Authorize the Mayor and City Clerk to execute the agreement; and, 2. Approve a 1-year CNG Refueling Agreement with the City of El Monte and possible extension of one additional year and Authorize the Chief Executive Officer (CEO) to execute the agreement; and, 3. Authorize the Director of Finance to appropriate an additional amount of $150,000 from Fund 244- Proposition A to ensure enough funds are available to fund the program at the new rate. 10. (Continued) Hearing to Review Bidder Protests and Authorize the Award of Construction Contract for the Barnes Park Multi -Benefit Stormwater Capture Project (City Project No. CIP 21-198) It is recommended that the City Council: 1. Reject the bid protest submitted by KASA Construction; and 2. If the City Council believes that Zusser Company, Inc. ("Zusser") has provided sufficient evidence to rebut the concerns that it is a non -responsible bidder, the City Council should award the contract for the Project to Zusser; 3. Alternatively, if the Council believes that Zusser has not provided sufficient evidence to rebut concerns that it is a non -responsible bidder, the City Council should award the contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00 (and Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc); and 4. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment. 11. Fiscal Year 2023-24 Mid -Year Budget Review It is recommended that the City Council: 1. Review the mid -year analysis and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2024, and 2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Cleric For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at sguinonesgbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 1I) ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Ana Zhang, Senior Finance Clerk JA,4;,� DATE: March 6, 2024 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $522,317.05 and the attached General Warrants Register was $1,939,580.89 for a total amount of $2,461,897.94. BACKGROUND The attached Claims and Demands report format meet the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 202270 to 202284 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 45554 to 45823 for the period February 4, 2024 through February 17, 2024 inclusive; these are presented and hereby ratified in the amount of $522,317.05. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $339,863.13 and checks from 244967 to 245149 in the amount of $1,599,717.76 for the period of February 13, 2024 to February 26, 2024, inclusive; in the total amount of $1,939,580.89 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Pagel/1 a � LEY, 3 . Payment Number 1047 1047 1048 1048 244967 244968 244969 244969 244969 244970 244971 244972 244973 244974 244975 244976 244976 244977 244978 244979 244980 244981 244982 244983 244984 244985 244986 244987 244988 244989 244990 244991 244992 244993 244994 244994 244995 244995 244996 244996 244996 244997 244998 244999 245000 245001 245002 245003 245004 245005 245006 245007 245008 245008 245008 245008 245010 245011 245012 City of Baldwin Park, CA Payment Date Vendor Name 02/16/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP 02/16/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP 02/23/2024 BALDWIN PARK POA 02/23/2024 BALDWIN PARK POA 02/13/2024 U.S. POSTAL SERVICE 02/13/2024 MARTHA ALVAREZ 02/15/2024 AMERICAN EAGLE COMPUTER PROD INC. 02/15/2024 AMERICAN EAGLE COMPUTER PROD INC. 02/15/2024 AMERICAN EAGLE COMPUTER PROD INC. 02/15/2024 ANA KARINA RUEDA 02/15/2024 APEC CCTV CO., INC. 02/15/2024 APRIL M. ROJO 02/15/2024 AXON ENTERPRISE, INC 02/15/2024 CALIFORNIA CONSULTING, INC. 02/15/2024 CINTAS FIRST AID & SAFETY 02/15/2024 COVINA NICE CLEANERS 02/15/2024 COVINA NICE CLEANERS 02/15/2024 CWF, INC 02/15/2024 DIANA HUERTA 02/15/2024 DULCE M. CRUZ 02/15/2024 DULCE M. CRUZ 02/15/2024 DULCE M. CRUZ 02/15/2024 DULCE M. CRUZ 02/15/2024 EZEOUIEL CONTRERAS 02/15/2024 FEDEX OFFICE 02/15/2024 FOOD 4 LESS 02/15/2024 FRONTIER COMMUNICATIONS 02/15/2024 GUSTAVO MEZA 02/15/2024 INLAND EMPIRE STAGES, LTD 02/15/2024 JING CHWEN CHEN 02/15/2024 JOHN SUGATA 02/15/2024 JUDY MOU 02/15/2024 KEYSTONE UNIFORMS 02/15/2024 KHOUNG HOANG VO 02/15/2024 KING BOLT COMPANY 02/15/2024 KING BOLT COMPANY 02/15/2024 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION 02/15/2024 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION 02/15/2024 LIEBERT CASSIDY WHITMORE 02/15/2024 LIEBERT CASSIDY WHITMORE 02/15/2024 LIEBERT CASSIDY WHITMORE 02/15/2024 LORRAINE MENDEZ 02/15/2024 MARTHA ELVA GODOY 02/15/2024 MICHAELKELLY 02/15/2024 MOJICA JUDO CLUB 02/15/2024 NICHOLS LUMBER & HARDWARE 02/15/2024 NORMAN GONZALEZ 02/15/2024 PACIFIC ATHLETIC WEAR INC 02/15/2024 PRIME, POWER EOUIPMF,NT INC 02/15/2024 RICHARD D. JONES, A PROFESSIONAL LAW CORPORATION 02/15/2024 ROBERT RIOS 02/15/2024 SAMUEL GARCIA 02/15/2024 SAN GABRIEL VALLEY WATER COMPANY 02/15/2024 SAN GABRIEL VALLEY WATER COMPANY 02/15/2024 SAN GABRIEL VALLEY WATER COMPANY 02/15/2024 SAN GABRIEL VALLEY WATER COMPANY 02/15/2024 SHI INTERNATIONAL CORP 02/15/2024 SILVIA GODOY 02/15/2024 SIMPY INC Description (Item) PUBLIC NOTICE -PLHA NOTICE& ANNUAL PHA PLAN PUBLIC NOTICE -PLHA NOTICE& ANNUAL PHA PLAN POLICE SWORN DUES POLICE NON -SWORN DUES EPS NUMBER: 1000107270 FOR CITY HALL PO BOX 7800 REPLACEMENT FOR DECLINED PAYROLL CHECK #202259 INK CARTRIDGES FOR POLICE DEPARTMENT INK CARTRIDGES FOR POLICE DEPARTMENT INK CARTRIDGES FOR POLICE DEPARTMENT DECORATIONS&GIFT CARD FOR NFL KICKOFF SURVEILLANCE CAMERASC&,SENIOR CENTER 1/17/2024 MATERIALS&SUPPLIES FOR VET AT THE PARK 2/11/2024 BALANCE DUE FOR BODY WORN CAMERA EQUIPMENT ,TAN 2024-GRANT WRITING SERVICES FIRST AID & SAFETY -CITY HALL CLEANING SRVC FOR JAIL 1/27/2024 CLEANING SRVC FOR JAIL 1/31/2024 LINENS PREPARED FOR VALENTINE'S DAY DANCE 2/3/2024 PER DIEM -CAPE ANNUAL TRAINING SEMINAR-3/25-29/2024 FOOD FOR MEXICAN INDEPENDENCE DAY 9/20/2023 FOOD FOR VALENTINE'S DAY 2/3/2024 FOOD FOR CANDLEMAS 2/1/2024 CATERING SRVC-POSADA EVENT 12/15/2023 TAE KWON DO INSTRUCTOR-1/2-1/25/2024 EXPEDITED DELIVERY OF DOCUMENTS TO CONSULTANT PURCHASE FOOD FOR FOOD GIVEWAY 3/1/2024 ACT#62633857950317985-PD PHONE- 1 /28-2/27/2024 C&D DEPOSIT REFUND-4346 JERRY AVE-B00-022-466 TRANSPORTATION -SENIOR TRIP -FANTASY SPRINGS 1/11/24 C&D DEPOSIT REFUND-4228 LA RICA AV-B00-021-023&027 TRAILER GRAPHICS FOR BALDWIN PARK PD/OTS C&D DEPOSIT REFUND-5001 BLEECKER ST-B00-022-528 OFC SCOTT RAPP-REPLACE DAMAGED UNIFORM C&D DEPOSIT REFUND-3330 VINELAND AV-BLDG 0523-2133 MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE MATERIALS&SUPPLIES FOR BUILDING MAINTENANCE JAN 2024-LEGAL SERVICE-ADMIN JAN 2024-LEGAL SERVICE -BP EXOTICS INC SEP 2023-LEGAL FEE -GENERAL OCT 2023-LEGAL FEE -GENERAL NOV 2023-LEGALFEE-GENERAL PREPARATION OF 24/25 ANNUAL ACTION PLAN ARP REIM FOR REGIS-ANNUAL CHRISTMAS DANCE 12/9/23 JAN 2024-JAIL INMATE, PHONE SYSTEM SUPPLY&MAINTF,NAN JUDO INSTRUCTOR-1 /3-2/ 10/2024 MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE HOTEL REIMBURSEMENT FOR SLI TRAINING YOUTH BASKETBALL UNIFORMS VALVES FOR MORGAN PARK SPLASH PAD PRO-RATA SHARE, -CITY PLAINTIFFS V LA COURT-ZEROBAIL REFUND C&D 4614 LAURENS AVE. PER DIEM FOR ARMORER SCHOOL FOR 3/12-3/13/2024 COST OF WATER FOR:12/27/2023-1/29/2024 COST OF WATER FOR CITY PARKS 12/27/2023-1/29/2024 COST OF WATER FOR CITY PARKS 12/21/2023-1/22/2024 COST OF WATER FOR SPRINKLERS:] 2/27/2023-1/29/2024 BLUEBEAM REVEWAL FOR 1/27/2024-1/25/2025 REISSUE CHECK FOR LOST PAYROLL CHECK#197766 MEALS PROVIDED TO VOLUNTEERS -TREE PLANTING EVENT Check Register By (None) Payment Dates 2/13/2024 - 2/26/2024 Account Number 220-40-420-53330-1470, 220-40-420-53330-1470, 100-00-000-21219-0000, 100-00-000-21219-0000, 401-10-141-53100-1150: 999-00-000-10010-00001 100-30-310-53100-0000, 100-30-310-53100-0000, 100-30-310-53100-0000, 100-10-150-53370-1112: 100-60-620-53390-0000, 100-60-610-53100-0000, 100-30-310-53100-0000, 100-25-299-51100-1700, 403-10-160-51101-0000, 100-30-370-51101-0000, 100-30-370-51101-0000, 275-60-726-51101-1607, 100-30-310-53200-00001 501-60-000-22327-0000, 501-60-000-22327-0000, 501-60-000-22327-0000, 275-60-726-53100-1607; 501-60-000-22328-00001 220-40-420-51101-1470, 275-60 713-53100-1607: 100-30-310-53403-0000, 246-00-000-22540-0000, 501-60-000-22327-0000, 246-00-000-22540-0000, 402-50-591-51101-0000, 246-00-000-22540-0000, 100-30-340-53100-0000, 246-00-000-22540-0000, 100-60-620-53100-0000, 252-60-620-53100-0000, 237-40-131-51102-1407, 237-40-131-51102-1407, 403-10-150-51102-1110, 403-10-150-51102-11101 403-10-150-51102-11101 220-40-420-51101-1470, 275-60-726-53370-1607, 100-30-370-51101-0000, 501-60-000-22328-0000, 100-60-620-53100-0000, 100-30-310-53200-0000, 501-60-000-22326-0000, 100-60-620-53100-0000, 403-10-131-51102-0000, 246-00-000-22540-0000, 100-30-310-53200-0000, 100-60-620-53402-0000, 252-60-620-53402-0000, 252-60-620-53402-0000, 251-50-560-53402-0000, 401-10-140-53379-0000, 999-00-000-10010-00001 100-60-610-53100-0000, Amount 732.27 836.78 5,914.26 1,371.01 1,690.00 1,024A3 524.30 622.33 314AI 11 L63 1,48& 11 3T50 1,125.00 4,500.00 88A3 70.00 65.00 171.60 265.50 1,124A0 1,376.75 165.38 2,339.50 1,072.50 81 A7 14,952.00 169.53 723.00 2,170.25 15,000.00 2,397.38 419.00 303.08 300.00 12.47 12.47 2,545.00 200.00 765.00 L703.50 2.454.00 573.75 15.00 200.00 L924.65 72.74 676.89 2,794.55 443.88 711.49 300.00 22.00 L 183.55 7,626.06 2,382.49 L087.78 538.16 35.94 824.15 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 245013 02/15/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 501-60-000-22327-00001 $ 57.64 245013 02/15/2024 SMART & FINAL MATERIALS & SUPPLIES FOR CITY COUNCIL 100-25-299-53100-1140. $ 165.72 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET 1/1-1/31/2024 251-50-530-53401-0000, $ 49,359.39 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET: 1/8/-2/6/2024 251-50-530-53401-0000, $ 75.58 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET 1/9-2/7/2024 251-50-530-53401-0000, $ 77.05 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET: 1/9-2/7/2024 251-50-530-53401-0000, $ 92.04 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ELECTRICITY 1/9/2024-2/7/2024 CITY BUILDINGS 100-60-620-53401-0000, $ 5,132.43 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ELECTRICITY 12/27/2023-1/25/2024 CITY BUILDINGS 100-60-620-53401-0000, $ 3,740.98 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ELECTRICITY 1/6/2024-2/6/2024 CITY BUILDINGS 100-60-620-5 340 1 -0000, $ 1,289.90 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET: 1/8-2/6/2024 251-50-530-53401-0000, $ 100.60 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ENERGY FOR TRAFFIC SIGNALS & STREET 1/9-2/7/2024 251-50-530-53401-0000, $ 79.84 245014 02/15/2024 SOUTHERN CALIFORNIA EDISON ELECTRICITY 12/27/2023-1/25/2024 CITY BUILDINGS 100-60-620-5 340 1 -0000, $ 20,39T43 245015 02/15/2024 THE GAS COMPANY COST OF GAS FOR:12/27/2023-1/25/2024 100-60-620-53400-0000, $ 5,535.84 245015 02/15/2024 THE GAS COMPANY GAS SERVICE FOR TINY HOMES 12/28/2023-1/26/2024 270-60-610-53370-6602: $ 136.96 245016 02/15/2024 THE PUN GROUP LLP FY2023 AUDIT BILLING PROGRESS BILLING#2 100-20-210-51101-1242, $ 21,545.00 245017 02/15/2024 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMENTS 100-30-330-51101-0000, $ 331.00 245017 02/15/2024 THE SHREDDERS CERTIFIED DOCUMENT DESTRUCTION 1/31/2024 100-20-210-51101-0000, $ 56.50 245018 02/15/2024 TIMECLOCK PLUS, FLU SHEDULE ANYWHERE LICENSE 100-30-310-51100-0000, $ 4,116,00 245019 02/15/2024 T-MOBILE CELL PHONE & INTERNET SERVICE 12/21/23-1/20/24 100-40-450-53403-0000, $ 325.90 245019 02/15/2024 T-MOBILE CELL PHONE & INTERNET SERVICE 12/21/23-1/20/24 100-40-460-53403-0000, $ 162.95 245020 02/15/2024 VALLEY COUNTY WATER DIST WATER SERVICE 12/21/23-1/23/24 FOR ESPERNZA VILLA 275-60-710-53370-6602: $ 436.69 245021 02/15/2024 BMO BANK N.A. NEWSPAPER 100-30-300-53330-00001 S 9.00 245021 02/15/2024 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-310-51100-00001 S 45.00 245021 02/15/2024 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-310-51100-00001 S 45.00 245021 02/15/2024 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-310-51100-00001 S 50.73 245021 02/15/2024 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-310-51100-00001 S 45.00 245021 02/15/2024 BMO BANK N.A. SIG HANDGUNS FOR TRAINING BUREAU 100-30-310-53100-00001 S 199.1I 245021 02/15/2024 BMO BANK N.A. HARD DRIVE FOR DETECTIVE BUREAU 100-30-310-53100-00001 S 110.24 245021 02/15/2024 BMO BANK N.A. TRAINING FOR CHIEF OF POLICE 100-30-310-53200-00001 S 175.00 245021 02/15/2024 BMO BANK N.A. RESERVATION- I/8/2024-TRAINING-DETECTIVE TRINIDAD 100-30-310-53200-00001 S 132.08 245021 02/15/2024 BMO BANK N.A. RESERVATION- 1/8-12/24-TRAINING-DETECTIVE TRINIDAD 100-30-310-53200-00001 S 528.32 245022 02/15/2024 BMO BANK N.A. ALARM FOR RECREATION 100-60-620-53390-00001 S 725.08 245022 02/15/2024 BMO BANK N.A. ICLOUD 50 GB STORAGE -RENEW 2/14/2024 401-10-140-53330-00001 S 0.99 245022 02/15/2024 BMO BANK N.A. JOOMLATOOLS.COM-SUBSCRIPTION FOR 2024 401-10-140-53330-00001 S 99.00 245022 02/15/2024 BMO BANK N.A. DUO ESSENTIALS-12/23/2023-1/23/2024 401-10-140-53370-116Q S 210.00 245022 02/15/2024 BMO BANK N.A. DUO ESSENTALS-1/23-2/23/2024 401-10-140-53370-116Q S 210.00 245022 02/15/2024 BMO BANK N.A. WEBINAR 500-1/16-2/15/2024 401-10-140-53370-116Q S 41.20 245022 02/15/2024 BMO BANK N.A. 1 OF DISPLAY PORT TO VGA PORT ADAPTER 401-10-140-53390-00001 S 77.11 245022 02/15/2024 BMO BANK N.A. 1 OF NOTEBOOK BATTERY 401-10-140-53390-00001 S 33.06 245022 02/15/2024 BMO BANK N.A. 2 OF NOTEBOOK BATTERY 401-10-140-53390-00001 S 64.82 245022 02/15/2024 BMO BANK N.A. 10 OF ANKER 4 PORT USB IIUB 401-10-140-53390-00001 S 104.50 245022 02/15/2024 BMO BANK N.A. KEYBOARD 401-10-140-53390-00001 S 60.63 245022 02/15/2024 BMO BANK N.A. 1 OF BATTERY FOR APC 401-10-140-53390-00001 S 88.19 245022 02/15/2024 BMO BANK N.A. REFUND FROM AMAZON 401-10-140-53390-00001 S (30.96) 245023 02/15/2024 BMO BANK N.A. LUNCH FOR HOUSING SPECIALIST INTERVIEW PANEL 100-10-150-51101-1112, S 5796 245023 02/15/2024 BMO BANK N.A. SNACK FOR INTERVIEW PANEL 100-10-150-51101-1112, S 23.07 245023 02/15/2024 BMO BANK N.A. 1 TABLETOP BEATER 100-10-150-53100-00001 S 44.09 245023 02/15/2024 BMO BANK N.A. TOWER HEATER 100-10-150-53100-0000, S 110.24 245023 02/15/2024 BMO BANK N.A. PAPER CLIPS AND DIVIDERS 100-10-150-53100-0000, S 38.62 245023 02/15/2024 BMO BANK N.A. EXPRESS SHIPMENT FOR SENDING PAYMENT 100-10-150-53100-0000, S 28.75 245023 02/15/2024 BMO BANK N.A. 2 ARCYLIC MONITOR STANDS 100-10-150-53100-0000, S 61.60 245023 02/15/2024 BMO BANK N.A. EXPRESS SERVICE TO CITY ATTORNEY 100-10-150-53100-0000, S 28.75 245023 02/15/2024 BMO BANK N.A. SUPPLIES FOR STORAGE 100-10-150-53100-0000, S 78.34 245023 02/15/2024 BMO BANK N.A. 2 BINDER DIVIDERS 100-10-150-53100-0000, S 11.93 245023 02/15/2024 BMO BANK N.A. ZIPLOCK BAGS 100-10-150-53100-0000, S 15.59 245023 02/15/2024 BMO BANK N.A. CONSORTIUM MEMBER -LIVE STREAM &RECORDING 100-10-150-53200-0000, S 100.00 245023 02/15/2024 BMO BANK N.A. PREMIUM ANNUAL FOR DIGITAL PUBLISHING 100-10-150-53379-0000, S 248.98 245024 02/15/2024 BMO BANK N.A. INSTAGRAM POST BOOST FOR THE STAKEHOLDERS OVF,RSIGH 100-25-299-53100-1141 S 70.00 245024 02/15/2024 BMO BANK N.A. COFFEE FOR THE STAKEHOLDERS OVERSIGHT COMMITTEE 100-25-299-53100-1141 S 100.00 245024 02/15/2024 BMO BANK N.A. PURCHASE OF CITY PARKS ALLIANCE ANNUAL MEMBERSHIP 100-60-600-53330-00001 S 250.00 245024 02/15/2024 BMO BANK N.A. IGLOO COOLER PARTS KIT & BOOK & PLANNER 100-60-610-53100-0000, S 75.64 245024 02/15/2024 BMO BANK N.A. DROPBOX FOR THE BP NOW LIVE -RENEWS 2/l/2024 100-60-610-53330-0000, S 11.99 245024 02/15/2024 BMO BANK N.A. SG VALLEY NEWS SUBSCRIPTION -RENEWS 3/9/2024 100-60-610-53330-0000, S 26.00 245024 02/15/2024 BMO BANK N.A. USA BOXING BOXING CLUB MEMBERSHIP FOR 2024 100-60-610-53330-0000, S 200.00 245024 02/15/2024 BMO BANK N.A. USA BOXING MEMBERSHIP -HENRY RAMOS IN 2024 100-60-610-53330-0000, S 122.00 245024 02/15/2024 BMO BANK N.A. USA BOXING MEMBERSHIP-LUIS ROSALES IN 2024 100-60-610-53330-0000, S 122.00 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 245024 02/15/2024 BMO BANK N.A. PURCHASE OF BLACK WALL BASE AND ADHESIVE 100-60-620-53100-0000, $ 326.10 245024 02/15/2024 BMO BANK N.A. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-0000, $ 200A0 245024 02/15/2024 BMO BANK N.A. ELECTRICAL REPAIRS AT THE ARC. 100-60-620-53371-0000, $ 500.00 245024 02/15/2024 BMO BANK N.A. ELECTRICAL REPAIRS AT THE ARC. 100-60-620-53371-0000, $ 142.96 245024 02/15/2024 BMO BANK N.A. NETFLIX AT SENIOR CENTER 1/20-2/19/2024 100-60-630-53330-0000, $ 3.87 245024 02/15/2024 BMO BANK N.A. CPRS POWER BREAKFAST REGIS.-YURIKO R 100-60-640-53350-0000, $ 26.00 245024 02/15/2024 BMO BANK N.A. NETFLIX AT THE TEEN CENTER 1/20-2/19/2024 100-60-660-53330-0000, $ I L86 245024 02/15/2024 BMO BANK N.A. NETFLIX AT BARNES PARK 1/20-2/19/2024 100-60-670-53330-15101 $ 3.87 245024 02/15/2024 BMO BANK N.A. OUTSIDE PRINTING FOR THE BLACK HISTORY MONTH 100-60-680-53320-00001 $ 47205 245024 02/15/2024 BMO BANK N.A. NETFLIX AT ARC 1/20-2/19/2024 100-60-680-53330-0000, $ 3.88 245024 02/15/2024 BMO BANK N.A. 2024 CPRS CONFERENCE REGIS-HELEN H.-2/27-3/l/2024 100-60-680-53350-0000, $ 565,00 245024 02/15/2024 BMO BANK N.A. FOOD ITEMS FOR THE SENIOR LUNAR NEW YEAR 501-60-000-22327-0000, $ 550.00 245025 02/15/2024 BMO BANK N.A. MINI HEATER FOR ADMIN 100-10-110-53100-0000, $ 39.24 245025 02/15/2024 BMO BANK N.A. MINI HEATER FOR CITY CLERK 100-10-120-53100-0000, $ 39.24 245025 02/15/2024 BMO BANK N.A. MINI HEATERS FOR FINANCE STAFF 100-20-210-53100-0000, $ 204.34 245026 02/15/2024 BOWMAN INFRASTRUCTURE ENGINEERS LTD CONSTRUCTION MGMT&INSPECTION-AUG 2023-ZOCALO PARK 256-50-520-58100-5501 $ 17,153,00 245026 02/15/2024 BOWMAN INFRASTRUCTURE ENGINEERS LTD CONSTRUCTION MGMT&INSPECTION-SEP 2023-ZOCALO PARK 256-50-520-58100-5501 $ 16,454.00 245027 02/15/2024 ELECNOR BELCO, INC. PAYMENT NO 2-TS VINELAND&MERCED IMPROVE-CIP 21-199 270-50-520-58100-550Q $ 37,952.50 245027 02/15/2024 ELECNOR BELCO, INC. 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CONSTRUCTION MANAGEMENT & INSPECTION 10/1 - 1/31/24 255-50-520-58100-15551 S 831.47 245038 02/15/2024 RICHARD D. 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PALNEXCEL PAVING CO.) #22LBCV00726 TRUST RETAINER DEC 2023-CODE COMPLIANCE MATTERS DEC 2023-JUAN GUTIERREZ V CITY OF BP-23PSCV03032 DEC 2023-LITIGATION-GENERAL-RODRIGUEZ VS BP DEC 2023-ZOCALO PARK DISPUTES DEC 2023-ADMINISTRATION/CITY COUNCIL DEC 2023-POLICE DEPARTMENT DEC 2023-PUBLIC RECORDS ACTMANDELED BY ARC (PRA) DEC 2023-BARNES PARK PROJECT DEC 2023-DAMYANTI ASHAR V CITY OF BP 23PSCV02884 DEC 2023-PUBLIC WORKS DEC 2023-COMMUNITY DEVELOPMENT DEC 2023-COUNCIL MEETINGS AND OFFICE HOURS DEC 2023-JOHN DOE R.A. V. CITY OF BP #21 STCV35392 DEC 2023-GABRIELA CABRERA V CITY OF BP-23PSCV02656 DEC 2023-MACIAS, ANTONIA #22PSCV01798 DEC 2023-JOHN DOE V. JOHN DOE #22PSCV03108 REPAIRS OF POLICE VEHICLES UNIT 3163-PD-1 /3/2024 REPAIRS OF POLICE VEHICLES UNIT 3163-PD-1 /3/2024 REFUND SWIM LESSONS- MISSING SESSION 1/29-2/13/24 NATIONAL TRAINING COURSE FOR SAMUEL G.-2/29-3/l/24 INVESTIGATION -BACKGROUND WITHDRAW-SLOMIA HRYSHKO PERMIT REFUND 4830 ELTON ST. CANINE KYRA VACCINATIONS FLOWERS FOR VALENTINE'S DAY 2/3/2024 REFUND C&D 5175 COMMERCE DR. PER DIEM LESS LETHAL INSTRUCTOR'S 2/29-3/l/2024 REFUND C&D 4056 CULTER AVE. ARPA SENIOR TRIPS REIM 2/3/24 VALENTINES'S DANCE REFUND OF RENTAL AT ARC ON 10/14/2023 MATERIALS & SUPPLIES -STAKEHOLDERS COMMITEE MEETING MATERIALS & SUPPLIES -SERENITY HOMES TOUR MATERIALS & SUPPLIES FOR BASIC PROGRAM 2/14/2024 SUPPLIES PURCHASE FOR COMMUNITY CENTER MATERIALS & SUPPLIES -STAKEHOLDERS COMMITEE MEETING MATERIALS & SUPPLIES -SERENITY HOMES TOUR MATERIALS & SUPPLIES -SERENITY HOMES TOUR MATERIALS & SUPPLIES FOR BASIC PROGRAM 2/13/2024 ARPA SENIOR EVENTS REIM 2/3/24 VALENTINE'S DANCE WATER AND COFFEE SUPPLIES FOR CITY FACITILITES WATER AND COFFEE SUPPLIES FOR CITY FACITILITES ROUTING MAINTENANCE SIGNALS & LIGHTING OCT.-DEC.23 COLLECTION OF BIOHAZARD MATERIALS MANLIFT RENTAL FOR THE TREE LIGHTING ON 12/1/2023 RENTAL INFLATABLE JUMPER- STREET MARKET 9/14/2023 REC TRAC SOFTWARE. TRAINING ON 2/15/2024 REIM FOR DECORATIONS AND ICE FOR NFL KICKOFF CNG FUEL FOR CITY VEHICLES MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE FOR SYLVIA RODRIGUEZ'S RENT UNDER SGVCO'S PROG REMOVED/REPLACED POLE -TRAFFIC COLLISION 12/29/2022 REMOVED/REPLACED POLE -TRAFFIC COLLISION 11/30/2023 PERS SURVIVOR RETIREMENT PERS ADDITIONAL RETIREE SVC CR PERS RF,DEPOSIT PERS SWORN- 344 PERS MISC 350 PERS SWORN 351 PERS MISC 352 PERS SWORN CITY PAID -PEPRA PERS SWORN ER REG PAY PT PERS MISC CITY PAID Account Number 100-10-120-51101-1143, 403-10-131-51102-0000, 403-10-131-51102-0000, 100-40-130-51102-1420, 403-10-131-51102-0000, 403-10-131-51102-0000, 403-10-131-51102-0000, 100-10-130-51102-11IQ 100-30-130-51102-1340. 100-10-130-51102-1106, 403-10-131-51102-0000, 403-10-131-51102-0000, 100-50-130-51102-15081 100-40-130-51102-1420, 100-10-130-51102-111Q 403-10-131-51102-0000, 403-10-131-51102-0000, 403-10-131-51102-0000, 403-10-131-51102-0000, 402-50-591-53371-0000, 402-50-591-53371-0000, 100-60-000-42600-0000, 100-30-310-53200-00001 100-30-310-51100-0000, 100-40-000-43400-00001 100-30-310-53100-0000, 501-60-000-22327-0000, 246-00-000-22540-00001 100-30-310-53200-00001 246-00-000-22540-00001 275-60-726-53370-1607, 100-60-000-45601-0000, 100-25-299-53100-114Y 100-60-640-53100-0000, 100-60-650-53100-0000, 100-60-610-53100-0000, 100-25-299-53100-114Y 100-60-640-53100-0000, 100-60-640-53100-0000, 100-60-680-53100-0000, 275-60-726-53370-1607, 100-60-620-53100-0000, 252-60-620-53100-0000, 251-50-530-51100-0000, 100-30-360-53100-0000, 100-60-610-51101-1610. 100-60-610-51100-1610 100-60-610-51101-0000, 100-10-150-53370-1112, 402-50-590-53110-1614, 100-60-620-53100-0000, 252-60-620-53100-0000, 252-60-620-53100-0000, 270-60-610-53370-1606, 403-10-160-54100-0000, 403-10-160-54100-0000, 100-00-000-21207-0000, 100-00-000-21206-0000, 100-00-000-21206-0000, 100-00-000-21206-0000, 100-00-000-21206-0000, 100-00-000-21206-0000, 100-00-000-21206-0000, 100-00-000-21256-0000, 100-00-000-21256-0000, 100-00-000-21256-0000, Amount 3,203.98 2,409.00 (280.00) 4,893.36 1,50L50 264.00 132.00 79.50 550.00 300.00 973.50 28,13L15 10,680.77 636.00 7,201.60 792.00 3,019.50 3,708.95 7,862.40 7,000.00 2,013.64 4T00 315.00 1X00 393.60 52.20 17T00 8,226.00 22.00 300.00 40.00 262.50 59.70 74A6 2791 67.05 235.25 134.45 14.01 23.75 20.00 798.19 798.20 2,939.55 85.83 L084.33 1 A54.00 2.520.00 14.43 3.594.09 L156.15 173.75 982.40 358.00 2,410.00 19.995.00 187.86 279.60 21.78 36,314.50 15.805.28 9,249.93 1 1,057.48 35,899.81 27,863.21 567.76 Payment Number Payment Date Vendor Name DFT0008366 02/15/2024 PERS-RETIREMENT DFT0008367 02/15/2024 PERS-RETIREMENT DFT0008395 02/15/2024 PERS-RETIREMENT DFT0008526 02/15/2024 INTERNAL REVENUE SERVICE DFT0008527 02/15/2024 INTERNAL REVENUE SERVICE DFT0008528 02/15/2024 STATE OF CALIFORNIA EMPLOYMENT DFT0008532 02/15/2024 INTERNAL REVENUE SERVICE DFT0008533 02/15/2024 INTERNAL REVENUE SERVICE DFT0008534 02/15/2024 STATE OF CALIFORNIA EMPLOYMENT DFT0008544 02/22/2024 MASSMUTUAL DFT0008545 02/22/2024 MASSMUTUAL DFT0008546 02/22/2024 MASSMUTUAL DFT0008547 02/22/2024 MASSMUTUAL DFT0008548 02/22/2024 AMERICAN FIDELITY ASSURANCE COMPANY DFT0008568 02/22/2024 STATE DISBURSEMENT DFT0008569 02/22/2024 MASSMUTUAL DFT0008570 02/22/2024 MASSMUTUAL DFT0008571 02/22/2024 MASSMUTUAL DFT0008572 02/22/2024 MASSMUTUAL DFT0008573 02/22/2024 MASSMUTUAL DFT0008574 02/22/2024 MASSMUTUAL DFT0008585 02/22/2024 INTERNAL REVENUE SERVICE DFT0008586 02/22/2024 INTERNAL REVENUE SERVICE DFT0008587 02/22/2024 INTERNAL REVENUE SERVICE DFT0008588 02/22/2024 STATE OF CALIFORNIA EMPLOYMENT Description (Item) PERS MISC CITY PAID PERS MISC CITY PAID - PEPRA PERS SURVIVOR RETIREMENT FEDERAL INCOME TAX PAYMENT MEDICARE PAYMENT STATE INCOME TAX PAYMENT FEDERAL INCOME TAX PAYMENT MEDICARE PAYMENT STATE INCOME TAX PAYMENT EMPOWER EMPOWER RETIREMENT EMPOWER EMPOWER FSA - AMERICAN FIDELITY ASSURANCE COMPANY SDU - CHILD SUPPORT DEFERRED COMP LOAN REPAYMENT DEFERRED COMP LOAN REPAYMENT DEFERRED COMP LOAN REPAYMENT EMPOWER CITY PAID MASS MUTUAL CITY PAID EMPOWER CITY PAID FEDERAL INCOME TAX PAYMENT SOCIAL SECURITY PAYMENT MEDICARE PAYMENT STATE INCOME TAX PAYMENT Account Number Amount 100-00-000-21256-0000, $ 25,007.46 100-00-000-21256-0000, $ 19,092.63 100-00-000-21207-0000, $ (0.93) 100-00-000-21203-0000, $ 7T54 100-00-000-21201-0000, $ 10.22 100-00-000-21202-0000, $ 36.05 100-00-000-21203-0000, $ 66.73 100-00-000-21201-0000, $ 32.22 100-00-000-21202-0000, $ T55 100-00-000-21213-0000, $ 13,57T00 100-00-000-21213-0000, $ 3,286.30 100-00-000-21232-0000, $ 1,26T00 100-00-000-21232-0000, $ 634.16 100-00-000-21216-0000, $ 959.11 100-00-000-21225-0000, $ 2379.06 100-00-000-2123 1 -0000, $ 52.58 100-00-000-2123 1 -0000, $ 18.81 100-00-000-2123 1 -0000, $ 51.54 100-00-000-21257-0000, $ 3,275.00 100-00-000-21257-0000, $ 2,625.00 100-00-000-21257-0000, $ 896.55 100-00-000-21203-0000, S 66A93.33 100-00-000-21200-00001 S 6,963.74 100-00-000-21201-00001 S 20,393.30 100-00-000-21202-0000, S 26558 65 Grand Total: $ 1,939,580.89 ITEM NO. 2 -4/1 31014111� Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk Krystal Roman, Administrative Clerk II/Deputy City Clerk March 6, 2024 Meeting Minutes SUMMARY The City Council held the following meetings on February 21, 2024; Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting, and Housing Authority Meeting. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting. FISCAL IMPACT There is no fiscal impact associated with this item. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Meeting Minutes of February 21, 2024 Page 1 / 1 Mayor Emmanuel J. Estrada Mayor Pro Tern Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia These ipresented in Agenda order. CALL TO ORDER The meeting was called to order by Mayor Estrada at approximately 5:07 p.m. City Council Saenz performed roll call: u VOLTA : 2: Council Member Alejandra Avila (present) Council Member Daniel Damian (present) Council Member Monica Garcia (present) Mayor Pro Tem Jean M. Ayala (present) Mayor Emmanuel Estrada (present) PUBLIC COMMUNICATIONS The Mayor opened Public Communication at approximately 5:08 p.m., seeing no one wishing to speak public communication was closed. OPEN SESSION/STUDY SESSION Manuel Carrillo Jr., Director of Recreation and Community Services introduced Helen Hernandez, Community Services Supervisor; Jessica Gamboa-Vasquez Recreation Leader/Social Media Lead and John Carrillo, Computer Specialist presented the New City Website Nick Baldwin, City Planner introduced Bryan Wong, Executive Director, and Grant Power, Director of Real Estate Development who presented the Habitat for Humanity Project Update on 4428 Stewart Avenue and 12799 Torch Street. RECESS CLOSED SESSION — at approximately 6:02 p.m. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956: Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. City of Baldwin Park No reportable action. Case: Rukli, Inc vs City of Baldwin Park Los Angeles Superior Court No reportable action. Case: DJCBP Corporation dba Tier One Consulting and David Ju No reportable action. Case No. 22STCV14121 Case No. 22STCV28634 Case No. 2:23-cv-00384 Special City Council Meeting Minutes — 02-21-2024 Page 1 of 2 Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles Superior Court No reportable action. Case: Juan Roberto Gutierrez v Baldwin Park et al. Los Angeles Superior Court No reportable action. 2. Conference with Real Property Negotiators Pursuant to California Government Code, Section 54956.8 Case No. 24STCP00313 Case No. 23PSCV03032 Property: Property Adjacent to Barnes Park - Assessor Parcel Number: 8550-004-026 Agency negotiator: Enrique Zaldivar, CEO; Sam Gutierrez, Director of Public Works Negotiating parties: Consumers Holding Company Under negotiation: Price & Terms of Payment No reportable action. 3. Conference with Labor Negotiator Pursuant to California Government Code, Section 54957.6 Agency Designated Representative: Enrique C. Zaldivar, Chief Executive Officer; Rose Tam. Finance Director; Karina Rueda, Human Resources Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) No reportable action. ADJOURNMENT The Mayor motioned to adjourn at approximately 7:14 p.m. ATTEST: Christopher Saenz, City Clerk APPROVED: March 6, 2024 Emmanuel J Estrada, Mayor Special City Council Meeting Minutes — 02-21-2024 Page 2 of 2 Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia These presented in Agenda order. CALL TO ORDER The meeting was called to order by Mayor Estrada at approximately 7:10 p.m. INVOCATION The invocation was led by Pastor Elmer Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: Council Member Alejandra Avila (present) Council Member Daniel Damian (present) Council Member Monica Garcia (present) Mayor Pro Tem Jean M. Ayala (present) Mayor Emmanuel Estrada (present) REPORT FROM CLOSED SESSION City Attorney Marco Martinez announced that the City Council met in closed session on several items list on the Special Meeting Agenda. All Members and the Mayor were present for all the item and there is no reportable action ANNOUNCEMENTS The Mayor announce that the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS The Mayor and the City Council proclaimed February 2024 National Black History Month and the proclamation was presented to Dr. Elmer Jackson. The Mayor and City Council recognized Yuriko Ruizesparza, Community Services Supervisor, for her service to the City. Regular City Council Meeting Minutes — 02-21-2024 Page i of 4 PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communication at approximately 7:44 p.m. The following spoke: 1. Irma Morales 4. John Rios 2. Paul Cook 5. Greg Tuttle 3. Jesse Plata 6. Abel Seeing no on looking to speak, Mayor Estrada closed public communication at approximately 8:01 p.m. 1. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 2. Treasurer's Report City (CC) — October 2023 Motion to receive and file the Treasurer's Report for October 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 3. Treasurer's Report City (CC) — November 2023 Motion to receive and file the Treasurer's Report for November 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 4. Meeting Minutes Motion to approve the following meeting minutes of the Special City Council Meeting and Regular City Council Meeting held on February 7, 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 5. Claim Rejection Motion to reject the following claim and direct staff to send the appropriate notice of rejection to claimant: 0 April Camery The claimant alleges bodily injury. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 6. Consideration to Adopt Resolution No. 2024-003, Authorizing the City of Baldwin Park to apply for CY 2020-2022 Permanent Local Housing Allocation (PLHA) Funds from the State of California Department of Housing and Community Development and amend the PLHA 5-Year plan Motion to adopt Resolution No. 2024-003 on behalf of the City of Baldwin Park and authorize the Chief Executive Officer (CEO) to submit a PLHA Program Application for CY 2020-2022 grant Regular City Council Meeting Minutes — 02-21-2024 Page 2 of 4 funds prior to the February 29th deadline. In addition, staff recommends that the City Council authorize the CEO to submit an amendment to the 5-year 2019-2023 PLHA plan to include additional eligible activities prior to the June 30th deadline. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 7. FY 2024-25 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing. Motion to receive and file report, with any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2024-25 Annual Action Plan. The Mayor opened the Public Hearing at approximately 8:03 p.m., seeing no one wishing to speak, the public hearing was closed. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA REPORTS OF OFFICERS 8. Revised Request for Authorization to Purchase APX Radios by Motorola Solutions Motion to: 1. Waive the formal bidding process for this purchase; and 2. Authorize the Director of Finance to appropriate $300,000.00 from CIP 24-028-53009 account 271-30-340-58110-53009; and 3. Authorize the Chief of Police or his designee to finalize the Agreement for the APX Radios, complete all appropriate documentation and to execute the Agreement. MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 9. Recommendation for Approval of Funding From the Measure BP Stakeholders Oversight Committee (SOC)- Two -Way APX Radios by Motorola Solutions Motion to: 1. Concur and approve the recommendation from the SOC for funding from Measure BP Revenue for the acquisition of a Two -Way APX Radio System by Motorola Solutions for the amount of $1,247,301.46 plus $50,000 contingency for a total of $1, 297,301.46; and 2. Authorize the Director of Finance to appropriate $1,297,301.46 from the Measure BP Fund. MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 10. Adoption of Resolution No. 2024-004 to approve Commercial Cannabis Agreement No. 24- 01 and Cannabis Application No. CAN 23-01 to permit Commercial Cannabis Activity (Retail) within the I-C, Industrial Commercial Zone; and to authorize the CEO and City Attorney to execute a Cannabis Fee Deferral Payment Agreement for the payment of unpaid Public Benefit Fees due to the City from RD Baldwin Park/Tropicana Enterprises, LLC Site:13467 Halewood Street (APN: 8559-003-018); Applicant: RD x Catalyst -Baldwin Park, LLC; Case No.: CCA 24-01 for CAN 23-01. Regular City Council Meeting Minutes — 02-21-2024 Page 3 of 4 Motion to: 1. Adopt Resolution No. 2024-004 approving Commercial Cannabis Agreement No. 24-01 and Cannabis Application No. CAN 23-01 to permit commercial cannabis activity (Retail) at the Site by Applicant, and 2. Authorize the Chief Executive Officer and City Attorney to execute a Cannabis Fee Deferral Payment Plan Agreement in substantial form as outlined in Exhibit "A" of the draft agreement. 3. Find that the Project is in accordance with the provisions of the California Environmental Quality Act (CEQA), will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, `existing facilities.' MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [4 — 1]. AYES: AVILA, DAMIAN, AYALA, ESTRADA. ABSTAIN: GARCIA CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Treasurer's Report SA — October 2023 Motion to receive and file the Treasurer's Report for October 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA SA 2. Treasurer's Report SA — November 2023 Motion to receive and file the Treasurer's Report for November 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA C1�K1�1_K M N 111MEG t1 Ma 11k"I goL:11 KEN W a ." P[13J"yMWWK9JLyJ 104 t"1311W1X11 Mayor Estrada would like for the Residential Rehabilitation Program to be brought back. Councilmember Avila and Garcia provided communications in regards to their votes to the cannabis item. Chief Executive Office provided information regarding the power outage at City Hall and the surrounding area. Manuel Carrillo Jr., Director of Recreation and Community Services announced there was a pipe burst in the Senior Center and they are doing everything to get the situation resolved. UIaa1/1naa1NoY Mayor Estrada motioned to adjourn meeting at approximately 8:32 p.m. Christopher Saenz, City Clerk APPROVED: March 6, 2024 Emmanuel J Estrada, Mayor Regular City Council Meeting Minutes — 02-21-2024 Page 4 of 4 b These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order by Chair Estrada at approximately 7:10 p.m. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Daniel Damian (present) Board Member Monica Garcia (present) Vice Chair Jean M. Ayala (present) Chair Emmanuel Estrada (present) Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia PUBLIC COMMUNICATIONS Chair Estrada opened Public Communication at approximately 7:44 p.m. The following spoke: 1. Irma Morales 4. John Rios 2. Paul Cook 5. Greg Tuttle 3. Jesse Plata 6. Abel Seeing no on looking to speak, Chair Estrada closed public communication at approximately 8:01 p.m. CONSENT CALENDAR 1. Treasurer's Report FA — October 2023 Motion to receive and file the Treasurer's Report for October 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 2. Treasurer's Report FA — November 2023 Motion to receive and file the Treasurer's Report for November 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA ADJOURNMENT Chair Estrada motioned to adjourn the meeting at approximately 8:32 p.m. Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: March 6, 2024 Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia These minutes 1. presented :,.1/ Agenda CALL TO ORDER The meeting was called to order by Chair Estrada at approximately 7:10 p.m. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Daniel Damian (present) Board Member Monica Garcia (present) Vice Chair Jean M. Ayala (present) Chair Emmanuel Estrada (present) PUBLIC COMMUNICATIONS Chair Estrada opened Public Communication at approximately 7:44 p.m. The following spoke: 1. Irma Morales 3. Jesse Plata 5. Greg Tuttle 2. Paul Cook 4. John Rios 6. Abel Seeing no on looking to speak, Chair Estrada closed public communication at approximately 8:01 p.m. CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 2. Treasurer's Report HA — October 2023 Motion to receive and file the Treasurer's Report for October 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA 3. Treasurer's Report HA — November 2023 Motion to receive and file the Treasurer's Report for November 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA ADJOURNMENT Chair Estrada motioned to adjourn the meeting at approximately 8:32 p.m. ..III l_ I Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: March 6, 2024 ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager s'EL� PREPARED BY: Ron Garcia, Director of Community Development J,;,DATE: March 6, 2024 SUBJECT: Approval of transfer of Billboard Development Agreements from Becker Boards Small, LLC to New Tradition Outdoor, LLC. SUMMARY This report requests the City Council approve consent to the transaction and assignment of Billboard Development Agreements located at 1919 Puente Avenue and 13100 Brooks Drive to New Tradition Outdoor, LLC as required in Section 2.3 of the Agreements. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the consent and acknowledgement letter allowing the transaction and assignment of Development Agreements for billboards located at 1919 Puente Avenue and 13100 Brooks Drive to New Tradition Outdoor, LLC (Buyer). FISCAL IMPACT There would be no negative impact to the General Fund. The new owner will continue to pay the annual development fees to the City as specified in Section 2.5 of the agreements. DISCUSSION In accordance with Section 2.3 of the agreements, allows Beck Boards (Developer) to request City consent to sell and assign its interest in the agreements to a new billboard company (New Tradition). In review of the request staff along with the City's billboard consultant confirmed the buyer is an established reputable billboard company that operates over 100 static and digital outdoor advertising structures throughout the Los Angeles metropolitan area and has adequate positive experience operating billboards. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1.1919 Puente Avenue Consent Letter and Billboard Development Agreement, Dated April 19, 2017 2. 13100 Brooks Drive Consent Letter and Billboard Development Agreement, Dated October 3, 2018 Pagel/1 Becker Boards Small, L.L.C. 4234 E. Indian School Road Phoenix, Arizona 85018 February 27, 2024 VIA CEWFIFIED MAIL City of Baldwin Park 14406 Pacific Ave. Baldwin Park, California 91706 Attn: City Manager Re: Development Agreement (the "Agreement") dated April 19, 2017, by and between the City of Baldwin Park, California ("City"), Laidlaw B.P. Associates, LLC, a California limited liability company, and Becker Boards Small, L.L.C., an Arizona limited liability company ("Developer") Dear City Manager This letter is to inform you that Developer is under contract to sell and assign its interest in the Agreement (the "Transaction") to New Tradition Outdoor, LLC, a New York limited liability company (tile "Buyer"). We request your consent to the Transaction and the assignment of the Agreement, as required under the terms of the Agreement. As part of this request, Section 2.3 of the Agreement requires us to affirm to you that the Buyer operates over 100 static and digital outdoor advertising structures throughout the Los Angeles metropolitan area and therefore leas adequate positive experience operating billboards. Accordingly, please provide us with your acknowledgement and agreement that: (i) the consummation of the Transaction and the assignment of the Agreement will not constitute a default or breach of the Agreement, (ii) the Agreement will remain in full force and effect, ununodified, subject to its terms, immediately following the consununation of the Transaction and the assigiuncrit of the Agreement, (iii) Licensor waives any termination nights under the Agreement that may apply with respect to the consummation of the Transaction or the assignment of the Agreement, and (iv) all notice requirements under the Agreement (in regards to form of delivery and notice, time requirements and otherwise) have been complied with (or are waived) in connection with the Transaction and the assignment of the Agreement. Buyer's contact, Bret Richheinier, phone number (917) 494-4469 and email Bret Ocnewtradition.com, will be reaching out to further establish its relationship with you. Notwithstanding the transfer, all obligations under the Agreement will continue to be timely performed, and Developer will not be released from the obligations set forth in the Agreement. Please confirm your consent to the Transaction and your acknowledgement and agreement to the other terms set forth in this letter by countersigning this letter on the signature line provided below. Please send the executed letter to Todd Seanlin via email using the following email address: tseanlin@beckerboards.com. If you have any questions, please call Todd at 602-732-2886. Thank you in advance for your assistance with this matter. This letter is contingent upon and will become effective as of the closing of the Transaction. If the Transaction is not completed for any reason, we will promptly notify you and letter and your consent will be null and void without any force or effect whatsoever. We appreciate your attention to this matter, and thank you in advance. Very truly yours, Becker Boards Small, L.L.C. By: Name: Joseph White Title: Authorized Member ACKNOWLEDGED, CONSENTED AND AGREED TO BY: City of Baldwin Park, California By: Name: Enrique C. Zaldivar, P.E. Title: CEO/City Manager Date: March 6, 2024 Recording Requested by and When Recorded Return to: CITY OF BALDWIN PARI( 14403 Pacific Ave Baldwin Park, CA 91706 Attn: City Clerk I�V14G4NG49i���6��;V�Y��B'�CV�� [Fxcn)pt-From Recurdiag Fee Per Gov. Code §61031 DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this 19"' day of April 2017, by and between the CITY OF BALDWfN PARK, a California municipal corporation ("City") and LAIDLAW B.P. ASSOCIATES, L.L.C., a California limited liability company, ("Owner") and BECKER BOARDS SMALL, L.L.C., an Arizona limited liability company ("Developer"). RECITALS A. California Government Code Sections 65864, el serf., ("Development Agreement Law") authorizes cities to eater into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public plaruning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. B. Developer has a leasehold interest to that certain portion of real property, located at 1919 Puente Ave, Baldwin Park, Los Angeles County, in the City of Baldwin Park, Assessor Parcel Number 9558 033-005, as more specifically described in l.:xhibil_."A" and depicted on Exhibit "B", attached hereto and incorporated herein (collectively, the "Site"). C. Developer seeks to install a maximum of one (1), 65 foot tall, dual -sided digital billboard (the "Billboard"), each face measuring lit' x 48' pursuant to the terms of this Agreement. D. Owner is the owner of the Site and has consented to the application for this Development Agreement and Developer, as the exclusive lessee of the applicable portions of the Site for outdoor advertising purposes, has a legal and/or equitable interest in the Site pursuant to its lease (the "Lease") with Owner, and thus Developer qualifies to enter into this Agreement in accordance with Development Agreement Law, E. In exchange for the approvals sought to install the Digital Billboard, Developer has offered to: 1. Pay to the City an annual Development Fee as defined and provided in Sections 2.6 and 2,7 below for the cost to the City to mitigate the impacts of the installation of the Billboard; and 2. Not advertise any display contrary to the provisions of Section 2,9 below. F. Developer and City agree that a development agreernent should be approved and adopted to ►neenorialize the property expectations of City and Developer as more particularly described herein.. G. City staff gave the Billboard a "mitigated negative declaration" pursuant to the provisions of the California Environmental Quality Act ("CEQA"). Pl. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Project (as hereinafter defined) will achieve a number of City objectives including utilizing the Site for a revenue -generating use. 1, On April 19, 2017 (the "City Approval Date"), the City Council held first reading of Ordinance No. 1399 (the "Approval Ordinance"), thereby approving this Agreement and the Digital Billboard as described herein. J. City finds and determines that all actions required of City and the City Council precedent to approval of this Agreement by the Approval Ordinance have been duly and regularly taken. COVENANTS NOW, THERE —FORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. This Agreement uses a number of terms having specific meal ings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in -the Agreement, ht addition to the terms defined in the Recitals above, the defined terms include the following: 1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto. 1.1.2 "City" mlleans the City of Baldwin Park, a California lvlunicipal Col.Poration and a general law city. 1.13 "City Council" means time City Council of the City. 1,1.4 "Development Approvals" €neans the approved Development, based on the approval of the City Council, as further described in the Recitals and defined in Section 3.3 herein. 1.1.5 "Effective Date" means May 19, 2017, the date that 30 clays following the Approval Date, provided the Agreement is signed by the Developer and City. 1.1.6 "Final Permits" shall have the meaning set forth at Section 2,5. 1.1.7 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulatio.€is and official policies of City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the nnaximurn height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, irnprovernent and construction standards and specifications applicable to the Development of the Digital Billboard at the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations, to the extent applicable. 1.1.5 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust o€• any other security -device, a lender or each of their respective successors and assigns. 1.1.9 "Project" means the installation, operation and maintenance of the Digital Billboard on (lie Site, all in accordance with the Development Approvals and this Agreement and all the conditions of approval per the Approval Ordinance, 1.1.10 "Subsequent Land Use Regulations" means any Land Use Regulations effective afte€- the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) governing the development and use of the Digital Billboard. 1.1,11 "Terra" shall have the ►rieaning provided in Section 2.4, unless earlier terminated as provided in this Agreement. 2. GENERAL PROVISIONS, 2.1 Binding Effect of Agi-Bement. From and following the Effective Date, actions by the City and Developer with respect to the Project, including actions by the City oil applications for Subsequent Development Approvals affecting the Site, shall be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed to modify or amend the Lease, or any of Developer's obligations thereunder. 2.2 I€iterest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and thus is qualified to enter into and be a party to this Agreement under the Development Agreement LaNv. Additionally, prior to the execution of this Agreement, Owner has provided City with a letter confirming the Lease between the Owner and Developer. if the Lease is prematurely terminated, then Developer shall have no furthe€ obligations under this Agrecnient with respect to that site and Owner will assume Developer's obligations. 2.3 Assignment Developer may not assign or otherwise transfer this Agreement, or its interest in the Site, without City's consent. Any transfer to any outer person, firm, or entity, or to an entity must demonstrate positive experience operating billboards similar to the Project at issue, adequate financial resources and similar expertise in Securing advertisers for billboards similar to the Project. Developer shall notify City of any such proposed assignrnetxt and provide all documentation necessary for City to verify coniplianee with the requirements in this Section 2.3 for any such transfer. Any transfer must meet the requirements of this Section 2.3 and shall be subject to the approval of the City Council. After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transl'erce for compliance with the provisions of this Agreement, which have been assigned ortransferred. 2.4 Tern) of Agreement. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the earlier of. (i) twenty-five (25) years after the date the City finals the construction of the Billboard (the "Term Commencement Date"), or (b) twenty-five years plus ninety (90) clays after Developer receives the Final Permits, as defined in Section 2.5 below, or (ii) the permanent removal of the Billboard eorlstrircted pursuant to the terms hereof. Upon the expiration of the then current term, the parties may extend the term, subject to negotiation of a mutually acceptable escalator of the Development Fee, based oil then applicable market rates, which rates shall be subject to the parties' independent evaluation and demonstration in such negotiations. The Agreement terminates on its own terms if the patties cannot reach an extension of the Agreement. If no extension of this Agreement is agreed to, then the Developer may no longer be allowed to use digital displays on the Billboard and it must be removed at no expense to the City. 2.5 Development Fee. The potential impacts of the Project on the City and surrounding community are difficult to identify and calculate. Developer and City agree that an annual development fee paid by Developer to City would adequately mitigate all such potential impacts. The parties therefore agree that Developer shall pay all annual development fee to City of Seventy -Two Thousand Dollars ($72,000.00) per year, increased every five (5) year' anniversary of the Term Commencement Date by the increase in the CPI-U over the immediately preceding five (5) year period calculated as set forth ill Section 2.4. The Developer shall use cotrtmercially reasonable efforts to construct the Billboard as soon as practicable. 2.6 Fixed Facility Fee: Should Developer enter into any agreement for a cellular antenna or other electrical devise affixed to the structure, and such cellular antenna shall entitle the City to a fixed facility fee that will not less than 10% of any monthly or yearly revenue or any revenue earned by any cellular antetuna. 2.7 Prohibited Use. Developer shall not utilize any of the displays oil tile Billboard to advertise tobacco, or tobacco products including but not limited to vape devises, marijuana, "gentlemen's clubs," adult entertainnient businesses, sexually oriented materials, or, use sexually oriented images or language. 3. DEVELOPMENT AND IMPLEMENTATION OFTHE E PROJECT. 3.1 Rights to Develop Digital Billboard on the Site. Subject to and during the Term of this Agreement, Developer shall develop the Project on the Site in accordance with, and to the extent of, the Development Approvals, the Land Use Regulations, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend the Lease. 3.2 Effect of A.gi ceernent on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Site, the density and intensity of use of the Site. The maximum height and size of proposed structures, and the design, and improvement and construction standards and specifications applicable to development of the Project shall be as set forth in the Land Use Regulations, as such term is defined in Section I.1.7, which are in full force and efteet as of the Effective Date of this Agreement, or whenever the code amendment becornes effective, subject to the terns of this Agreement. 3.3 Development Approvals. Developer shall, at its own expense and before commencement of demolition, construction or development of any structures or other work of improvement upon the Site, secure or cause to be secured all necessary Development Approvals, which shall include any and all permits and approvals which may be required by City or any other governmental agency or utility affected by such construction, development or work to be performed by Developer, including but not limited to, neccssary building permits and all approvals required under the California Environmental Quality Act ("CEQA"), although the Project will be processed as having a "mitigated negative declaration" under CEQA. Not by way of limiting the foregoing, in developing and constructing the Project, Developer shall comply with all (1) applicable developn-rent standards ill City's Municipal Code, (2) applicable NPDES requirements pertaining to the Project, (3) all applicable building codes and zoning codes, except as rxray be permitted through approved variances and modifications. Developer shall pay all 1`103-13-ral and customary fees, charges and development impact fees applicable to such permits, and any fees and charges hereafter imposed by City in connection with the Project, which are standard and uniformly applied to similar projects in the City. Nothing contained in this Agreement shall be deerned to impose any obligation on Owner with respect to the Development Approvals or the Project approvals. 3.4 Timing of Project, Developer shall commence (the "Coinmencernent" or "Comnlerlce") tlle 1'rojcct as soon as commercially practicable. Developer shall cause the Commencement of' coList rrictiOil or improvements under tie building permit for the construction of the Digital Billboard on the Site as soon as commercially practicable following Developer's receipt of Development Approvals. In file event that Developer fails to Commencement the Project in a timely planner, and after compliance with Section 5.3, either party hereto may seek to terminate this Agreement by delivering written notice to the other party, and, in the event of such party's failure to Cure within 30 days, either Marty may seek termination of this Agreement as set forth 13crein, and in file event that this Agreement is appropriately terminated, neither party shall have any further obligation hercurider. However, if circumstances within the scope of Section 9.10 delay the Commencement or completion of the Project, it would not constitute grounds for any termination rights found within this Agreement. In such case, the timeline to connrrrerlce or complete the relevant task shall be extended in the manner set forth at Section 9.10. Notwithstanding the above, Developer shall, at all tines, comply with all other obligations set forth in this Agreement regarding the construction of the Project on the Site. Devcloper shall also maintain the Billboard at all tirnes during the "fermi in good condition and repair. 3.5 Changes and Amendments. Developer may determine that changes to the Development Approvals are appropriate: and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Development Approvals to effectuate such change(s), provided that the City may request written consent from Owner, if the modification is deemed material. The Parties acknowledge that City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request: provided, however, that in exercising the foregoing the City shall use reasonable discretion and shall not apply a standard different than that used in evaluating requests of other billboard developers. Accordingly, under no circumstance shall City be obligated in any manner to approve any amendment to the Development Approvals. The City Manager shall be authorized to approve any non -material amendnent which does not adversely impact and/or diminish Developer and/or Owner's rights as provided hereunder and does not affect and/or block the visibility or accessibility of the Billboard in any way to the Development Approvals without processing an amendment to this Agreement. All other amendments shall require the approval of the City Council. Nothing herein shall cause Developer to be in default if it upgrades the digital display installed pursuant to this Agreement during the tern. (as the same may be extended) to incorporate newer technology and/or to replace the same, provided that such upgrades and/or replacements are consistent with the Municipal Code, all Baldwin Park zoning ordinances, Land Use Regulations and the Subsequent Land Use Regulations. 3.6 Reservation of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Pr•ojcct: (a) Processing current fees and current charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, reconinwo fations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performa€ice hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (c) All versions and changes of the Building Code as of the date this Development Agreement is signed and chanbcs adopted by the International Conference of Building Officials, or other similar body, as part of the then nrost current versions of the Uniform Building Code, Uniform Tire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the Billboard. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, developer nlay terminate this Agreen-rent upon ninety (90) days prior written notice. (d) Regulations that are not in conflict with the Development Approvals or this Agreement. (e) Regulations that are in conflict with the Development Approvals or this Agreement, provided , Developer has given written consent to the application of such regulations to development of the Project. (t) Applicable Federal, State, County, and multi -jurisdictional laws and regulations which City is required to enforce as against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses. 3.6.2 Future Discretion of City. This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations. 3,63 Modification or Susl)ension by Federal, Steen, County, or Multi - Jurisdictional Law. In the event that applicable federal, State, County, or multi- jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, State, County, or multi -jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. 3,7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies, Developer acluiowledges and represents that, in addition to the Land Use Regulations, Developer sliall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other- public agencies preclude development or maintenalice of the Project and that do not have an exception for a legal nonconforming use, Developer shall not be further obligated Linder this Agreerent except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may teritrinate this Agreement upon ninety (90) days prior written notice. 3.8 Public lnrprovements. Notwithstanding; any provision herein to the contrary, the City shall retain the right to condition any subsequent Development Approvals to require Developer to pay any required development fees, including but not limited to any all Development Impact lees and/or to construct the required public infrastructure at such time as City shall determine. 3.9 Fees, Taxes and Assessments. This Agreement shall not prohibit the application of customary fees, taxes or assessnients upon the Site and/or the Billboard or Developed, Notwithstanding anything to the contrary herein, if there is a change is such fees to those charges as of the full execution hereof or any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise materially impacts its, performance hereunder or if new rules or regulations materially impact Developer's ability to perform the terms of this Agreement, Developer may terminate this Agreement upon ninety (90) days prior written notice. 4. REMOVAL OF BILLBOARDS Removal by Developer. Developer has the right to negotiate an extension of the Terra as all amendment to this Agreement. If the City and Developer do not agree on terns for the extension of the then remaining Term (as the same inay be extended) the digital displays of the Billboard will be removed by Developer, 4.1 City's Right to Removal. Provided Developer is not in material breach hereof past any applicable notice and cure period, City will )lot have the right to remove the Billboard or in any way limit the access or visibility of the Billboard in any way. Should such a breach by Developer occur, the City is authorized to request the removal of the digital displays on the Billboard within ninety (90) days of City's notice to Developer of such breach and the Developer fails to cure such breach or commence to cure such breach. 5. REVIEW FOR COMPLIANCE. 5.1 Annual Review. The City may review this Agreement annually ("Annual Review") at City's sole cost, on or before each anniversary of the Term Commencement Date, to ascertain the good faith compliance by Developer with the terms of the Agreement. However, no failure on the part of city to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement. Developer shall cooperate with the City ill the conduct of any Annual Review and provide the following information and documentation to the City at least thirty (30) days before the anniversary of the Term: (1) description of all complaints received regarding the Billboard including any content on the Billboard in violation of this Agreement, (2) any updates to Developer's contact information related to complaints concerning the Billboard, (3) status and amount of all payment obligations to the City required under this Agreement for the Year in question and cumulatively beginning from the Cornmencenlent of the Project herein, (4) any easement or lease changes that could in any way materially impact the City or the obligations under this Agreement, (5) any utility changes that could in any way materially impact the City or the obligations under this Agreement, and (6) any maintenance issues needing; to be addressed. 5.2 Procedure, Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement to explain the basis for such assertion, and to receive from the other party's justification of its position on such matters. If, on the basis of the parties' review of any terns of the Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts demonstrating such noun -compliance. 'file party receiving a Notice of Nan-Corpliance, except for graffiti on the structure, shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non -Compliance, if the party receiving the Notice of Non -Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) days after receipt of the Notice. if the response to the Notice of Non -Compliance has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice of Note-Cornpliance shall be conclusively presumed to be valid. If a Notice of Non -Compliance is contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the rnatter(s) occasioning the Notice. In the event that a cure or renIedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) clay period, the party alleging the non- compliance may thereupon pursue the remedies provided in Section 6. Neither party hereto shall be deemed in breach if the reason for non-compliance is due to a "force majeure" event as defined in, and subject to the provisions of, Section 9.10. All graffiti on the structure must be removed within 5 clays. 5.3 Certificate of Agreement Compliarree. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be, in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made Icnown to the City Manager and City Council, that (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued alter an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance, Developer may record the Certificate with the County Recorder. 6. DEFAULT AND R E M E D I ES. 6.1 Tei-mination ofAgreement. 6.1.1 Termination of Agreement for bilateral Defaull vf'Developer. City, in its discretion, May terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach") beyond the applicable notice and cure period set forth in Subsection 6.1.2 below; provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 5.2. In the event of a termination by City under this Section 6.1.1, Developer acknowledges and agrees that City may retain all fees accrued rip to the date of the termination. 6.1.2 Il/lcrterial Default of City. Developer, in its discretion, play terminate or seek any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following; the procedure set forth in Section 5.2. 6.1.3 Rights and Duties Following Termination. Upon (lie termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, (iii) Developer's obligation to remove the digital displays pursuant to Section 4.1 or (iv) any continuing; obligations to indemnify other parties. 7. INSURANCE, INDEMNIFICA'I-ION AND WAIVERS. 7.I Insurance. 7.1.1 Types ref Insur once, (a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional named insured, and Developer comprelxensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of Section 7.2. Developer has agreed to indemnify City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least One Million Dollars ($1,000,000) for bodily injury or death to any one person, at least One Million Dollars ($1,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property darnage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer during the same time periods. . (b) Ylrarker',s Compensation. Developer shall also furnish or cause to be furnished to City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law. (c) Insurance Policy Form, S'zrfficieney, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Rest Rating of no less than "A-". All such policies shall be non -assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section; (ii) the policies cannot be canceled or materially changed except after- written notice by the insurer to City or City's designated representative as expeditiously as insurance company agrees to provide notice. Developer shall furnish City with certificates evidencing the insurance City shall be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement, 7.1.2 Failure to Moinlain Insuronee and Proof of Compliance. Developer shall deliver to City, in the manner require(] for notices, copies of certificates of all insurance policies required of each policy within the following time li€nits: (1) For insurance required above, within seven (7) days after the Effective Date. (2) The City can request to see updated copies of the current certificates of all insurance policies required. The City reserves the right to obtain copies of the entire insurance policy, including endorsements. If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, the City will provide a cure period of 30 days and after such period, any such refusal shall be a default hereunder. 7.2 Indemnification. 7.2.1 General. Developer shall indemnify the City, and its officers, employees, and agents against, and will hold and save therm 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 out of or in connection with the CEQA the billboard structure, advertisements, displays, digital board, any required approvals, any required permits, work, operations, or any activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, related to the Project. . The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. To this end: (a) Developer will defend and hold the City harmless regarding any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies. (b) Developer will promptly pay any judgment rendered against the City or its respective officers, agents, or employees for any claims filed against the City related to this Project, its permits, its required approvals, CEQA issues, and such claims or liabilities arising; out of or in coiujection with such work, operations, or activities of the Developer hereunder, and Developer agrees to save and hold the City and its officers, agents, and employees harmless therefrom. 7.2.2 Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole Negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City. 7.2.3 Additional Coverage. Without limiting the generality of the foregoing for any reason whatsoever, and agreeing that Sections T21., 7.2,L(a) and 7.2.1(b) are not limited in any way by this section, Developer's indemnity obligation shall also include any liability arising by reason of. (1) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer; (2) Any failure of Developer to comply with performance of all of the provisions of this Agreement; (3) Any harm, delays, injuries or other dainages incurred by any party as a result of any subsr.arface conditions on the site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination. a. Loss and Damage. Except as set forth below, City shall not be liable for any damage to property of Developer, Owners or of others located on the Site, nor for the loss of or damage to any property of Developer, Owners or others by theft or otherwise. Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any envirotunental or soil contamination or hazard, or frorn any other latent or patent defect it) the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent City or its agents, employees, subcontractors, invitees or' representatives are the sole cause of such injury or damage when accessing the Site, (6) to the extent covered in any permit to enter executed by the City, or (iii) a negligent or willful acts or 0111issiarls of the City, its ernPloyces, officials, representatives or agents which said negligence or willful acts are the sole cause of damage to any person or entity. b. Period of Indemnification. The obligations for indemnity under this Section 7.2 shall begin upon the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification above shall have occurred prior to termination. 7.3 Waiver of Stibrogation. Developer and City each agrees that it shall not make ally claim against, or seek to recover from the other or its agents, servants, or employees, for any loss or damage to it or to any person or property relating to this Project, except as specifically provided hereunder which include but is )lot limited to, a claim or liability arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City. 8. MORTGAGEE PROTECTION The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Site. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, City will not unreasonably withhold its consent to any such requested interpretation or modification provided City determines such interpretation or modification is consistent with the intent and purposes of this Agreement and consistent with all City Codes, City policies, Ordinances, and Zoning laws. Any Mortgagee of the Site shall be entitled to the following rights and privileges: (�€) Neither entering into this Agreement not, a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Project or Site made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Project or Site, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement. (c) if City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such party under this Agreement, or (ii) sixty (60) days, (d) Any Mortgagee who comes into possession of the Project or Site, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Project or Site, or part thereof subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Project or Site acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requiremetits of this Agreement and the Development Approvals applicable to the Project or Site or such pan thereof so acquired by the Mortgagee. 9. MISCELLANEOUS PROVISIONS. 9.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the Developer within 10 days of execution. Written Amendments approved by the parties, and any cancellation, shall be similarly recorded. 9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject chatter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. This agreement supersedes any and all prior agreements whether oral or in writing. Any amendment or ►nodifrcation to this Agreement must be made in writing and signed by the Mayor of the City of Baldwin Park and the Developer and the Owner of the property. Without all three signatures on a modification or acnendrrrent, the amendment or modification is invalid and has no force or effect. 93 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the inain purpose of this agreement, which is to allow the Project to be permitted and operated and to provide the Development Fee to the City; otherwise, this Agreement shall terminate ill its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 9A Interpretations and Coverning Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non -drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 9.5 Sectian Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. M Singular and Plural. As used herein, the singular of any word includes the plural. 93 Time of Elssence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.8 Waiver, Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other Marty with the terms of this Agreement thereafter. 9.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and the Owners, as well as their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.10 Force Ma,jeure. Notwithstanding the contrary herein, neither party shall be deemed to be in default where failure or delay in performance of any of its obligations trader this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's en-rployment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event. 9.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 9.12 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9.13 Litigation. Any action at law or in equity arising winder this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including, without limitation its expert witness fees and reasonable attorneys' fees, 9.14 Covenants Not To Sue. The parties to this Agreement, and each of thorn, agree that this Agreement and each terra hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of there, hereby covenant and agree that each of them will not commence, rnairrtairi, or prosecute any clairn, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable. 9.15 Project as a Private Undertaking. It is specifically understood and agreed by and between tie parties hereto that the development of the Project is a private activity, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms covenants and conditions contained in this Agreement. No partnership, joint venture or' other association of any kind is formed by this Agreement, The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private .project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and trade a part hereof, and that City is receiving by and through this Agreerxient the full measure of benefit in exchange for the burdens placid oil Developer by this Agreement. 9.16 Further Actions and Insti-muents. Each of the parties shill cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the; intent and to fulfill the provisions of this Agreement or to evidence or consurnmate the transactions contemplated by this Agreement. 9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it. 9.18 Amendments ill Writing/Cooperation. This Agreement may be amended only by, written consent of both parties specifically approving the amendment and in accordance with the Government Code and Municipal Code provisions for the amendment of development agreements. The parties shall cooperate in good faith with respect to any arendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non -material modifications may be approved by the City Manager upon approval by the City Attorney. 9.19 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, 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 catering into this Agreement does not violate any provision of any other agreement to which such party is bound. 9.20 Notices, All notices under this Agreement shall be effective when delivered by United States Postal Service nail, registered or certified; postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party: TO City: City of Baldwin Park 14403 Pacific Ave. Baldwin Park, CA 91706 Attie: City Manager With Copy to: To Developer: Becker Boards Small, L.L.C. 4350 E. Camelback Rd., Suite B-195 Phoenix.. AZ 85018 Attn: Joseph N. White or Mark D. Becker With Copy to: To Owner: Laidlaw B.P. Associates 1919 E Puente Ave Baldwin Park, CA Attu: Brent [-.aidlaw 9.21 Non -liability of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 9.22 No Brokers. City, Developer and Owner represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee. 9.23 No Arnendinent of Lease. Nothing contained in this Agreement shell be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agrcement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease, or any of Owner's rights or remedies against Developer tinder the Lease. SIGNATURE BLOCKS ARE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. ATTEST: By: / r Alejandra A ' a, City Clerk APPROVED AS TO FORM: Tafoya &,GIrcia Robert N. �afoya, City "CITY": CITY OF BALDWIN PARK B Manuel L-ocapo, Mayor"' "DEVELOPER" BECKER BOARDS SMALL, L.L.C, a Arizona Limited Liability Company By: t By: Jo kite Its: T le ember "OWNER" LAlDLAW B,P, AS50CI�T}ES, L.L.C." a California-Urnited Li- bility rhpany By: _ = _ By; ft� �i I T3 en �idlaw Its: aria, ding , em A er ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF LDS ANGELES } On JUNE G 2017 , before me, Kristine A. Russell, a Notary Public, personally appeared MANUAL LOZAN© MAYOR CITY OF BALDWIN PARK , who proved to me on the basis satisfactory evidence to be the person(s4 whose names-} is/are subscribed to the within instrument and acknowledged to me that he/5h "executed the same in his/#per 4w authorized capacity(ie-5), and that by his/hegThe+r signature(&) on the instrument the person(54, or the entity upon behalf of which the person(r,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KRISTINE A. RUSSLu WITNESS my hand and official seal, �' caanr�risstonrao.2o5gfi7 rvornnv on UBL C; -'CAL 7 w ANG COU Coramissron L'hpdos JanU4rY 3 � (Seal} �'3 2ttfQ w Kristine A. ussell, Commission No. 2054177 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA J COUNTY OF LOS ANGELES ) On DUNE G, 2017 , before me, Kristine A. Russell, a Notary Public, personally appeared BRENT L-AIDLAW MANAGING MEMBER, LAIDLAW B.P, ASSOCIATES L.L.C. , who proved to me on the basis satisfactory evidence to be the person(54 whose names} is/arc subscribed to the within instrument and acknowledged to me that he/rheA-hey executed the same in his/hey¢ be* authorized capacity(ie-s), and that by his/herj44ie4 signature(s4 on the instrument the persons}, or the entity upon behalf of which the person(&) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KID iSI NE~ U Commission No. 2o54i77 WITNESS m hand and official seal. U' NCTAR i'UBLIC- cAErrortNiA y PRANG[ Cf?UNTY ComrnissL bEp��nuary^hex _ (Seal) Kristine A, Russ II, Commission No. 2054177 EXHIRIT "A" LEGAL, DESCRIPTION OF SITE REAL PROPERTY IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. PARCEL I OF PARCEL MAP NO. 1068, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CAL,IFORNIA, AS PER MAP RECORDED IN BOOK 237, PAGE 77 OF PARCEL,, MAPS, IN THE, OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBONS SUBSTANCES LYING BELOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY "THERETO, AS PROVIDEED IN THE DEED RECORDED JULY 7, 1961 AS INSTRUMENT NO. 4500 OFFICIAL RECORDS. EXHIBIT 13 DEPICTION/SITE PLAN OF PROJECT I: REFWAY afRNARI.)INO . ... ... -10 iii .... ...... A. ... .... .. Becker Boards Stnall, L.L.C. 4234 E. Indian School Road Phoenix, Arizona 85018 February 27, 2024 VIA CERTIFIED MAIL City of Baldwin Park 14406 Pacific Ave. Baldwin Park, California 91706 Attn: City Manager Re: Development Agreement (the "Agreement") dated October 3, 2018, by and between the City of Baldwin Park, California ("City"), Baldwin Ohana, LP, a California limited partnership, and Becker Boards Small, L.L.C., an Arizona limited liability company ("Developer") Dear City Manager: This letter is to inform you that Developer is under contract to sell and assign its interest in the Agreement (the "Transaction") to New Tradition Outdoor, LLC, a New York limited liability company (tile "Buyer"), We request your consent to the Transaction and the assignment of the Agreement, as required under the terms of the Agreement. As part of this request, Section 2.3 of the Agreement requires us to affirm to you that the Buyer operates over 100 static and digital outdoor advertising structures throt►ghout the Los Angeles metropolitan area and therefore has adequate positive experience operating billboards. Accordingly, please provide us with your acknowledgement and agreement that: (i) the consummation of the Transaction and the assignment of the Agreement will not constitute a default or breach of the Agreement, (ii) the Agreement will remain in fn►ll force and effect, unmodified, subject to its terms, immediately following the consummation of the Transaction and the assignment of the Agreement, (iii) Licensor waives any termination rights under the Agreement that may apply with respect to the consummation of the Transaction or the assignment of the Agreement, and (iv) all notice requirements under the Agreement (in regards to form of delivery and notice, time requirements and otherwise) have been complied with (or are waived) in connection with the Transaction and the assignment of the Agreement. Buyer's contact, Bret Richheinmer, phone number (917) 494-4469 and email Bret c(�i newtradition.com, will be reaching out to further establish its relationship with you. Notwithstanding the transfer, all obligations under the Agreement will continue to be timely performed, and Developer will not be released from the obligations set forth in the Agreement. Please confirm your consent to the Transaction and your acknowledgement and agreement to the other terms set forth in this letter by countersigning this letter on the signature line provided below. Please send the executed letter to Todd Scanlin via email using the following c►nail address: tscanliti@,beckerboards.com. If you have any questions, please call Todd at 602-732-2886. Thank you in advance for your assistance with this platter. This letter is contingent upon and will become effective as of the closing of the Transaction. If the Transaction is not completed for any reason, we will promptly notify you and letter and your consent will be null and void without any force or effect whatsoever. We appreciate your attention to this matter, and thank you in advance. Very truly yours, Becker Boards Small, L.L.C. By: Name: Joseph White Title: Authorized Member ACKNOWLEDGED, CONSENTED AND AGREED TO BY: City of Baldwin Park, California By: Name: Enrique C. Zaldivar, P.E. Title: CEO/City Manager Date: March 6, 2024 Recording Requested by and When Recorded Return to: CITY OF BALDWIN PARK. 14403 Pacific Ave Baldwin Park, CA 91706 Attn: City Clerk 11;x0mpt rzroin Recording Foo Per Gov. Code §61031 DEVEXaOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this 3 the day of OL,6 2Q1, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("City") and BALDWIN ORANA LP, a California limited partnership, ("Owner") and BECY BOARDS SMALL, L.L.C., an Arizona limited liability company ("Developer"). RECITALS A. California Government Code Sections 65864, et sect., ("Development Agreement Lave") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property ' for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. B. Developer has a leasehold interest to that certain portion of real property, located at 13100 Brooks Drive, Baldwin Park, Los Angeles County, in the City of Baldwin Park, Assessor Parcel Number 8535-023-086, as more specifically described in Exhibit "A" and depicted on Exhibit "B", attached hereto and incorporated herein (collectively, the "Site"). C. Developer seeks to install a maximum 65 foot tali, dual -sided digital or static billboard (the "Billboard"), each face measuring 14' x 48, pursuant to the terms of this Agreement. D. Owner is the owner of the Site and has consented to the application for this Development Agreement and Developer, as the exclusive lessee of the applicable portions of the Site for outdoor advertising purposes, has a legal and/or equitable interest in the Site pursuant to its lease (the "Lease") with Owner, and thus Developer qualifies to enter into this Agreement in accordance with Development Agreement Law. to: In exchange for the approvals sought to install the Billboard, Developer has offered 1. Pay to the City an annual Buse Development Fee and Additional Development Fee (if applicable) as defined and provided in Section 2.5 of this Agreement for the cost to the city to mitigate the impact of the installation of the Billboard; and 2. Not advertise any display contrary to the provisions of Section 2.6,"Prohibited Use", of this Agreement. F. Developer and City agree that a development agreement should be approved and adopted to memorialize the property expectations of City and Developer as more particularly described herein. G. City staff gave the Billboard a "negative declaration" pursuant to the provisions of the California Environmental Quality Act ("CEQA"). H. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the Citys police power, and this Agreement is consistent with the City`s General Plan. This Agreement and the proposed Project (as hereinafter defined) will achieve'a number of City objectives including utilizing the Site for a revenue -generating use. 1. On 201^ (the "City Approval Date"), the, City Council held a reading of Ordinance No, (the "Approval Ordinance"), thereby approving this Agreement and the Billboard as described herein. J. City finds and determines that all actions required of City and the City 'Council precedent to approval of this Agreement by the Approval Ordinance have been duly and regularly taket3. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Defltkitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in the Agreement. Its addition to the terms defined in the Recitals above, the defined terms include the following: 1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto. 1.1.2 "City" means the City of Baldwin lurk, a California Municipal Corporation and a general law city. 1.1.3 "City Council" means the City Council of the City. UA "Development Approvals" means the approved Development, based on the approval of the City Council, as further described in the Recitals and defined in Section 3.3 herein. 1.1.5 "Effective Date" means _ 201, the date that 30 clays following the Approval Date, provided the Agreement is signed by the Developer and City. 1.1.6 "Final Permits" shall have the meaning set forth at Section 2.5. 1.1.7 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Billboard at the Site which are in full force and effect as of the Fffective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include NPDES regulations, to the extent applicable. 1.1.8 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device, a lender or each of their respective successors and assigns. 1.1.9 "Project" means the installation, operation and maintenance of the Billboard on the Site, all in accordance with the Development Approvals and this Agreement and all the conditions of approval per the Approval Ordinance. 1.1.10 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) governing the development and use of the Billboard. 1.1.11 "Term" shall have the meaning provided in Section 2.4, unless earlier terminated as provided in this Agreement. 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Project, including actions by the City on applications for Subsequent Development Approvals affecting the Site, shrill be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed to modify or amend the Lease, or any of Developer's obligations thereunder. 2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and thus is qualified to enter into and be a party to this Agreement under the Development Agreement Law. Additionally, prior to the execution of this Agreement, Owner has provided City with a letter confirming the Lease between the Owner and Developer, If the Lease is prematurely terminated, then Developer shall have no further obligations under this Agreement with respect to that site and Owner will assume Developer's obligations. 2.3 Assignment Developer may assign or otherwise transfer this Agreement, or its interest in the Site, without City's consent, to any other person, firm, or entity, or to an entity that has demonstrated positive experience operating billboards similar to the Project at issue, adequate financial resources and similar expertise in Securing advertisers for billboards similar to the Project. Developershall notify City of any such proposed . assignment and provide all documentation necessary for City to verify compliance with the requirements in this Section 2.3 for such transfer. Any transfer not meeting the requirements of this Section 2.3 shall be subject to the approval of the City Council. After a transfer or assignment as permitted by this Section, the City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement, which have been assigned ortransferred. 2.4 Term of Agreement. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the earlier of (i) twenty-five (25) years after the date the City finals the construction of the Billboard (the "Term Commencement Date"), or (b) twenty-five years plus ninety (90) days after Developer receives the Final Permits, as defined in Section 2.5 below, or (ii) the permanent removal of the Billboard constructed pursuant to the terms hereof. Upon the expiration of the then current term, the parties may extend the term, subject to negotiation of an mutually acceptable escalator of the Base Development Fee, based on then applicable market rates, which rates shall be subject to the parties' independent evaluation and demonstration in such negotiations; provided that the negotiated rates shall not increase more than the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, U.S. City Average for All Items (1982---1984 =�- I00) (the "CPI-U") for the five (5) year period ending on the last day of the most recently completed calendar month for which CPI-U information is then available (rounded to the nearest one -hundredth of one percent), as such figures are published by the United States Department of Labor, Bureau of Labor Statistics. If there is no such CPI-U figure published for any such period, then the most comparable successor index shall be used. If the parties are unable to agree to extend the term then, within thirty (30) days after the expiration or termination of this Agreement, the parties shall execute a written cancellation of this Agreement which shall be recorded with the County Recorder at the City's expense and pursuant to Section 9.1 below. If no extension of this Agreement is agreed to, then the Developer may no longer be allowed to use digital displays on the Billboard and the Developer (at Developer's sole cost and expense), shall convert both faces oftheBillboard to static displays and the Base Development Fee shall be calculated based on the static development fee amount per Section 2.5 below. 2.5 Development Fee. The potential impacts of the Project on the City and surrounding community are difficult to identify and calculate. Developer and City agree that an annual development fee paid by Developer to City would adequately mitigate all such potential impacts. The parties therefore agree that Developer shall pay an annual development fee to City equal to the greater of (a) Eight Thousand Two -Hundred Fifty Dollars ($8,250.00) par static billboard face per year and Twenty -Nine Thousand Eight -Hundred Fifty ($29,850) per digital billboard face) per year, increased every five (5) year anniversary of the Term Commencement Date by the increase in the CPI-U over the immediately preceding five (5) year period calculated as set forth in Section 2.4 (such combined applicable amount is defined herein as the "Base Development Fee") or (b) seven percent (7%) of the "Adjusted Gross Billboard Revenues" (defined as all advertising revenues received by Developer from the Billboard during the immediately prior lease year (or partial lease year) less any sales tax paid to the City). To the extent that the City's seven percent (7%) share of the, Adjusted Gross Billboard Revenues in any given lease year (or partial lease year) exceeds the Base Development Fee over the same applicable period, Developer shall pay such difference (the "Additional Development Fee") to the City within twenty (20) days after the end of the month after the end of each such applicable lease year. Once either or both faces of the Billboard have been converted to digital, if the Developer is no longer allowed to use such face(s) of the Billboard as digital display(s), then the Base Development Fee will revert to the static Base DevelopmentFeesdforthirAeivand the Agreement will remain in full force and effect. The Base Development Fee shall be paid annually in advance within ten (10) days after the Term Commencement Date and each anniversary thereof. Once the Developer receives final approval to construct the Billboard from the applicable governmental authorities for any and all required permits to maintain and operate the Billboard as contemplated under this Agreement (the "Final Permits"), Developer shall use commercially reasonable efforts to construct the Billboard as soon as practicable. Nothing herein' relieves the City from its contractual duty to issue all municipal building permits that are associated with the Project if Developer is in compliance with the terms of this Agreement. 2.6 Prohibited Use. Developer shall not utilize any of the displays on the Billboard to advertise tobacco, "gentlemen's clubs," adult entertainment businesses, sexually -oriented materials, or use sexually oriented images or language, cannabis or cannabis -related businesses, and illegal drugs. 3. DEVELOPMENT" AND IMPLEWMATION OF THE PROJECT. 3.1 Rights to Develop Billboard oil the Site. Subject to and during the Term of this Agreement, Developer shall develop the Project on the Site in accordance with, and to the extent of, the Development Approvals, the Land Use Regulations, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend the Lease. Developer may convert either or both faces of the Billboard to digital provided that in each such instanced, Developer pays the City a one- time sum of $40,000 per digital face as described in Section 3.6(a) below and the Base Development Fee shall be adjusted as set forth in Section 2.5 above. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise, provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Site, the density and intensity of use of the Site. The maximum height and size of proposed structures, and the design, and improvement and construction standards and specifications applicable to development of the Projcct shall be as set forth in the Land Use Regulations, as such term is defined in Section 1.1.7, which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. 3.3 Development Approvals. Developer shall, at its own expense and before commencement of demolition, construction or development of any structures or other work of improvement upon the Site, secure or cause to be secured all necessary Development Approvals, which shall include any and all permits and approvals which may be required by City or any other governmental agency or utility affected by such construction, development or work to be performed by Developer, including but not limited to, necessary building permits and all approvals required under the California Environmental Quality Act ("CEQA"), although the Project will be processed as having a "negative declaration" under CEQA. Not by way of limiting 'the foregoing, in developing and constructing the Project, Developer shall comply with all (1) applicable development standards in City's Municipal Code, (2) applicable NPDES requirements pertaining to the Project, (3) all applicable building codes, except as may be permitted through approved variances and. modifications. Developer shall pay all normal and customary fees and charges applicable to such permits, and any fees and charges hereafter imposed by City in connection with the Project, which are standard and uniformly applied to similar projects in the City. Nothing contained in this Agreement shall be deemed to impose any obligation on Owner with respect to the Development Approvals or the Project. 3.4 Thning of Project. Developer shall commence (the "Commencement" or "Commence,) the Project as soon as commercially practicable. Developer shall cause the Commencement of construction or improvements under the building permit for the construction of the Billboard on the Site as soon as commercially practicable following Developer's receipt of Development Approvals. In the event that Developer fails to Commencement the Project in a timely manner, and after compliance with Section 5.3, either party hereto may seek to terminate this Agreement by delivering written notice to the other party, and, in the event of such party's failure to cure within the applicable time periods, either party may seek termination of this Agreement as set forth herein, and in the event that this Agreement is appropriately terminated, neither patty shall have any further obligation hereunder. However, if circumstances within the scope of Section 9.10 delay the Commencement or completion of the Project, it would not constitute grounds for any termination rights found within this Agreement, In such case, the timeline to commence or complete the relevant task shall be extended in the manner set forth at Section 9.10. Notwithstanding the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding the construction of the Project on the Site. Developer shall also maintain the Billboard at all times during the Term in good condition and repair. 3.5 Changes and Amendments. Developer may determine that changes to the Development .Approvals are appropriate and desirable. In . the event Developer makes such a determination, Developer may apply in writing for an amendment to tite Development Approvals to effectuate such change(s), provided that the City may request written consent from Owner if the modification is deemed material. The Parties acknowledge that City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such anendment request; provided, however, that in exercising the foregoing the City shall use reasonable discretion and shall not apply a standard different than that used in evaluating requests of other developers. Accordingly, under no circumstance shall City be obligated in any manner to approve any amendment to the Development Approvals, The City Manager shall be authorized to approve any non -substantive amendment which does not adversely impact and/or diminish Developer and/or Owner's rights as provided hereunder and does not affect and/or block the visibility or accessibility of the Billboard in any way to the Development Approvals without processing an amendment to this Agreement, All other amendments shall require the approval of the City Council. The parties acknowledge that any extension of the Term for no more than; twenty-four (24) months total is an example of a non - substantive change, which the City's Chief Executive Officer, in his or her reasonable discretion, may approve in writing. Nothing herein shall.cause Developer to be in default if it upgrades the digital display installed pursuant to this Agreement during the term (as the same may be extended) to incorporate newer tecbnology and/or to replace the same, provided that such upgrades and/or replacements are consistent with the Land Use Regulations and the Subsequent Land Use Regulations. 3.6 Reservation of Authority. 3.6.1 Limitations, .Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Project: (a) A $10,000 processing fee (the "Processing Fee") imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals due and payable within ten (10) days after the City approves this Agreement and a permit issuance fee of $10,000 per static face and $40,000 per digital face due and payable upon Developer's pulling the permits for the same. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such 6hange materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (o) Changes adopted by the International Conference of Building Officials, or other similar body, as paid of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the Billboard. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, developer may terminate this Agreement upon ninety (90) days prior written notice. (d) Regulations that are not in conflict with the Development Approvals or this Agreement. (e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has give,, written consent to the application of such regulations to development of the Project, (0 Applicable Federal, State, County, and multi jurisdictional laws and regulations which City is required to enforce as against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses. 3.6.2 Future Discretion of City. This Agreement shall not prevent City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations. 3.6.3 Modification or, Suspension by Federal, State, County, or' Multi - Jurisdictional Law. In the event that applicable federal, state, County, or multi- jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this .Agreement, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, State, County, or multi jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. 3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Project and that do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or other -rise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. 3.8 Public Improvements. Notwithstanding any provision herein to the contrary, ibe City shall retain the right to condition any subsequent Development Approvals to require Developer to pay any required development fees, and/or to construct the required public infrastructure at such time as City shall determine. 3.9 tees, Taxes and Assessnxents. This Agreement shall not prohibit the application of customary fees, taxes or assessments upon the Site and not the Billboard or Developer, Notwithstanding anything to the contrary herein, if there is a change is such fees to those charges as of the full execution hereof or any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise rrraterially impacts its, performance hereunder or if new rules or regulations materially impact Developer's ability to perform the terms of this Agreement, Developer may terminate this Agreement upon ninety (90) days prior written notice. 4. RE' MO'VAL Or BILLBOARDS 4.1 Removal by Developer. Developer has the right to negotiate an extension of the Ternl as an amendment to this Agreement. If the City and Developer do not agree on, terms for the extension of the then remaining Term (as the same may be extended), the digital displays of the Billboard will be removed by Developer and may be converted to static displays, in which case, the provisions of Section 2.5 shall apply. 4.2 City's Right to Removal. Provided Developer is not in material breach hereof past any applicable notice and cure period, City will not have the right to remove the Billboard or in any way limit the access or visibility of the Billboard in any way. Should such a breach by Developer occur, the City may only require removal of, the digital displays on the Billboard within ninety (90) days of City's notice to Developer of such breach and the Developer fails to cure such breach or commence to cure such breach within a reasonable period of time. 4.3 Responsibility of Removal. In the event the Billboard is no longer used or this Agreement is not renewed following its term expiration, the Developer shall be 100% responsible for removing the Billboard and all associated improvements, including underground equipment/facilities. 5. REVIEW FOR COMPLIANCE. 5.1 Annual Review. The City may review this .Agreement annually ("Annual Review") at City's sole cost, on or before each anniversary of the Term Commencement Date, to ascertain the good faith compliance by Developer with the terms of the Agreement. However, no failure on the part of city to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement. Developer shall cooperate with the City in the conduct of any Annual Review and provide the following information and documentation to the City at least thirty (30) days before the anniversary of the Term: (1) description of all complaints received regarding the Billboard including any content on the Billboard in violation of this Agreement, (2) any updates to Developer's contact information related to complaints concerning the Billboard, (3) status and amount of all payment obligations to the City required under this Agreement for the year in question and cumulatively beginning from the Commencement of the Project herein, (4) any easement or lease changes that could in any way materially impact the City or the obligations under this Agreement, (5) any utility changes that could in any way materially impact the City or the obligations under this Agreement, and (6) any maintenance issues needing to be addressed. 5.2 Procedure. Bach party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement to explain the basis for such assertion, and to receive from the other party's justification of its position on such matters. If, on the basis of the parties' review of any terms of the, Agreement, either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts demonstrating such non- compliance. The party receiving a Notice of Non -Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non -Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied within such thirty (30) days period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice of Non -Compliance. does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within thirty (30) days after receipt of the Notice. If the response to the Notice of Non -Compliance has not been received in the offices of the party alleging the non-compliance within the prescribed time period, the Notice of Non -Compliance shall be conclusively presumed to be valid. If a Notice of Non -Compliance is contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the inatter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliancemay thereupon pursue the remedies provided in Section 6. Neither party hereto shall be deemed in breach if the reason for non-compliance is due to a "force majeure" event as defined in, and subject to the provisions of, Section 9.10. 5.3 Certificate of Agreement Complian ce. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance („Certificate") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council, that (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shalt contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. Additionally, Developer may, at any time, request from the City a Ceriificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Site. 6. DEFAULT AND REMEDIES . 6.1. Termination of Agreement. 6.1.1 Termination of Agreement for bilateral Default of .Developer. City, in its discretion, may terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach") beyond the applicable notice and cure period set forth in Subsection 6.1.2 below; provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 5.2. In the event of a termination by City under this Section 6.1.1, Developer acknowledges and agrees that City may retain all fees accrued up to the date of the termination. 6.1.2 Material Default of City, Developer, in its discretion, may terminate or seep any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following the procedure set forth in Section 5.2. 6.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to 0) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, (iii) Developer's obligation to remove the digital displays pursuant to Section 4.1 or (iv) any continuing obligations to indemnify other parties. 7. INSURANCI �,, INDEMNIFICATION AND 'WAIVERS. 7.1. Insurance. 7.1.1 Types oflnsurance. (a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional insured, and Developer comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of Section 7.2. Developer has agreed to indemnify City hereunder to the extent of the liability insurance coverage with respect to its use, occupancy, disuse or condition of the Site, improvements or adjoining ardas or ways, affected by such use of the Site or for property damage, providing protection of a least One Million Dollars ($1,000,000) for bodily injury or death to any one person, at least One Million Dollars (,$1,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer. (b) Worker's Compensation. Developer shall also furnish or cause to be fuunisbed to City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law. (c) Insurance Policy Forrn, Sufficiency, Content and Insurer•. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A-". All such policies shall be non - assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this Section; (ii) the policies cannot be canceled or materially changed except after written notice by the insurer to City or City's designated representative as expeditiously as insurance company agrees to provide notice. Developer shall furnish City with certificates evidencing the insurance City shall be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement. 7.1.2 Failure to Maintain Insurance and Proof of Cornpliance. Developer shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies required of each policy within the following time limits: (1) For insurance required above, within seven (7) days after the Effective Date, (2) The City can request to see updated copies of the current certificates of all insurance policies required. The City reserves tlae right to obtain copies of the entire insurance policy, including endorsements. if Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, after complying with the requirements of Section 5.4, the City may view such failure or refusal shall be a default hereunder, 7.2 Indemnification. 7.2.1 General, Developer shall indemnify the City, and its officers, employees, and agents against, and will hold and save theta 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 out of or in connection with the work, operations, or activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, upon the Site. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. To this end; (a) Developer will defend any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies. (b) Developer will promptly pay any judgment rendered against the City or its respective officers, agents, or employees for any such claims or liabilities arising out of or in connection with such work, operations, or activities of the Developer hereunder, and Developer agrees to save and hold the City and its officers, agents, and employees harmless therefrom. 7.2.2 Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City. 7.2.3 Additional Coverage. Without limiting the generality of the foregoing, Developer's indemnity obligation shall include any liability arising by reason of. (1) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer; (2) Any failure of Developer to comply with performance of all of the provisions of this Agreement; (3) Any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination. a. Loss and Damage, Except as set forth below, City shall not be liable for any damage to property of Developer, Owners or of others located on the Site, nor for the loss of or damage to any property of Developer, Owners or others by theft or otherwise. Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent City or its agents, employees, subcontractors, invitees or representatives causes such injury or damage when accessing the Site, (h) to the extent covered in any permit to enter executed by the City, or (iii) negligent or willful acts or omissions of the City, its employees, officials, representatives or agents. b. Period of Indemnification. The obligations for indemnity under this Section 7.2 shall begin upon the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification above shall have occurred prior to termination. 7.3 Waiver of Subrogation. Developer and City each agrees that it shall not make any claim against, or seek to recover from the other or its agents, servants, or employees, for any loss or damage to it or to any person or property relating to this .Project, except as specifically provided hereunder which include but is not limited to, a claim or liability arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible for the City. 8. MORTGAGE, E PROTECTION The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other seeurity device securing financing with respect to the Site. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, City will not unreasonably withhold its consent to any such requested interpretation or modification provided City determines such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Site shall be entitled to the£ollowing rights and privileges. (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage op the project or Site made in good :faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Project or Site, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement. (c} if City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such party under this Agreement, or (ii) sixty (60) days. (d) Any Mortgagee who comes into possession of the project or Site, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Project or Site, or part thereof subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Project or Site acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Approvals applicable to the Project or Site or such pan thereof so acquired by the Mortgagee. 9. MiSCLLLANLIOUS PROVISIONS. 9.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within 10 days of execution. Amendments approved by the parties, and any cancellation, shall be similarly recorded. 9.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this agreement, which is to allow the Project to be permitted and operated and to provido the Base Development Fee and Additional Development Fee (if applicable) to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 9.4 Interpretations and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof: 9.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.6 Singular and Plural. As used herein, the singular of any word includes the plural. 9.7 Tinne of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element 9.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of Ibis Agreement thereafter, 9.9 No Third Party Beneficiaries. 'This Agreement is made and entered into for the sole protection and benefit for the Parties and the Owners, as well as their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.10 Force Majeure. Notwithstanding the contrary herein, neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event. 9,11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurTerrt or subsequent performance by the party benefited thereby of the coverratnts to be performed hereunder by such bemGted party. 9.12 Counterparts, This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enfoicing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. in the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, .the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 9.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of theta, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, snit, or other proceeding against any other party to this Agreement, in law Orin equity, which is based on an allegation, or assert in any such action, that this Agreement or any terin hereof is void, invalid, or unenforceable. 9.15 Project as a Private Undertaking. it is specifically understood and agreed by and between the parties hereto that the development of the Project is a private activity, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. Tile only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest'in such property on the other hand. City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private Project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed oil Developer by this Agreement. 9.16 Further Actions and Instrnments. Each of tine parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to tarty out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict tho exercise by City of its power, of eminent domain or Developer's right to seek and collect just compensation or any outer remedy available to it. 9.18 Amendments ill 'Writing/Cooperation. This Agreement may be amended only by written consent of troth parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of development agreements. Tito parties shall cooperate in good faith with. respect to ally amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non -material modifications may be approved by the City Manager upon approval by the City Attorney, 9.19 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, 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 ally other agreement to which such party is bound. 9.20 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or certified, postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party; To City: City of Baldwin Park 14403 Pacific Ave. Baldwin Parr, CA 91706 Attn: City Manager With Copy to: To Developer: Beciccr Boards Small, L.L.C. 4234 E. Indian School Rd. Phoenix, AZ 85018 Attn: Joseph N. White or Mark D. Becker With Copy to: To Owner: Baldwin Ohana LP 2440 Hacienda Blvd., # 124 Hacienda Heights, CA Attn: Gay Rutherford 9.21 Non -liability of City Officials. No officer, official, member, employee, agent, or . representatives of City shall be liable for any amounts due hereunder, and no ,judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 9.22 No Brokers. City, Developer and Owner represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other frec and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee. 9.23 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease, or any of Owner's rights or remedies against Developer under the Lease. 1N WITNESS WHEREOF, the parties hereto havo executed this Agreement on the day and year first set forth above. City of Baldwin Park, A Municipal o do By: Manual Lozano, Mayor I ' Attest: City 16 By: Aleja ra Avila Becker Boards Small, L.L.C. By: 7;'� Print N e: 3-roSe-P�'�" ApprovA as to F City Attorne By: bert � . Tafoy 0 EXHIBIT "A" Real property in the City of Baldwin Park, County of Los Angeles, State of California, described as Follows. PARCEL A; THOSE PORTIONS OF PARCELS 2 AND 3 Or PARCEL MAP NO. 1142, IN THE CITY OF BALDWIN PARK, AS PER MAP FILED IN BOOK. 208 PAGES 73 TO 76 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AS PARCEL A OF CERTIFICATE OF APPROVAL OF LOT LINE ADJUSTMENT NO. 91-2, RECORDED ON MAY 28, 1992 AS INSTRUMENT NO. 92-963204, MORE PARTICULARLY DESCRIBED AS FOLLOWS - BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 2, SAID CORNER BEING ON THE SOUTHERLY RIGHT OF WAY OF BROOKS DRIVE, 60 FEET WIDE, AS SHOWN ON SAID MAP, SAID CORNER BEING ALSO ON A NON -TANGENT CONCAVE NORTHEASTERLY HAVING A RADIUS OF 330.00 FEET, A RADIAL LINE TO SAID CORNER HEARS SOUTH 4642345" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 4'17'42" AN ARC DISTANCE Or 24.74 FEET; THENCE SOUTHWESTERLY LEAVING SAID CURVE AND SAID RIGHT OF WAY SOUTH 42'24'520-WEST 58.68 FEET; THENCE SOUTH 48'36'08" EAST 31.95 FBBT; THENCE SOUTH 89149129" WEST 24.11 FEET; THENCE SOUTH 0' 11'45" EAST 23.46 FEET; THENCE SOUTH 45' 11'45" EAST" 5.00 FEET; THENCE SOUTH 44'48' 15" WEST 5.00 FEET; THENCE SOUTH 0' 11'45" EAST 19.93 FEET; THENCE SOUTH 45' 11'45" EAST 5.00 FEET, THENCE SOUTH 44-48' 15" WEST 5.00 FEET, THENCE SOUTH 0'1 I'45" BAST 23.46 FEET-, THENCE NORTH 89'4979" EAST 20.00 FEET, THENCE SOUTH 0'11'45" BAST 6.00 FEET; THENCE SOUT'I-I 89'49'29" WEST 120,00 FEET; THENCE NORTH 0'10'31" WEST 60.47 FEET; THENCE SOUTH 89149129" WEST 41.27 FEET; TI1BNCE SOUTH 0110V BAST 18.00 FEET; THENCE SOUTH 89`4929" WEST 72.00 FEET; THENCE NORTH 0'10'31" WEST 18,00 FEET; THENCE SOUTH 894929" WEST 18,56 FEET; THENCE SOUTH 0111'45" EAST 139.00 FEET; THENCE SOUTH 89'48'15" WEST 30.68 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 0'11'45" WEST 222.85 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2, SAID CORNER BEING ON A NON -TANGENT CURVE CONCAVE SOUTHBASTERLY HAVING A RADIUS OF 962.00 FEET, A RADIAL LINE OF SAID CORNER 13BARS NORTH 55'20'12" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8'45'55" AN ARC DISTANCE OF 147,17 FEET TO A POINT, SAID POINT BRING ON THE SOUTHEASTERLY RIGHT OF WAY OF RIVERGRADE ROAD, 80 FEET WIDE, AS SHOWN ON SAID MAP; THENCE LEAVING SAID CURVE NORTHEASTERLY ALONG SAID RIGHT OF WAY NORTH 47007'22" EAST 55.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OIL 25.00 FEET, THENCE SOUTHEASTERLY LEAVING SAID RIGHT OF WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90"00'00" AN ARC DISTANCE OF 39.27 FEET TO A POINT" ON THE NORTHEASTERLY LINE OF SAID PARCEL 2, SAID POINT BEING ALSO ON SAID SOUTHERLY RIGHT Or WAY OF SAID BROOKS DRIVE; THENCE TANGENT TO SAID CURVE SOUTHEASTERLY ALONG SAID RIGHT OF WAY AND SAID NORTHEASTERLY LINE OF PARCEL 2 SOUTH 42'52'38" EAST 168.46 FEET TO THE BEGINNING OF SAID TANGENT CURVE CONCAVE NORTHBASTIER LY HAVING A RADIUS OF 330.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0"24'48" AN ARC DISTANCE OF 2.38 FEET TO THE POINT OF BEGINNING. EXHIBIT B DEPICTION/SITE PLAN OF PROLE -CT RIVOIGMUg- ROAD K q �% ,``•\4@ r`a---•'.""� --"toe—......__'�.csr....�. 'a Ijff) f`` 77]] � --•-�— 1 -- � �,//yam/.r,�i..��•��` � � I �' � � � ! (� K ��-«.R E Chit �9�, .� ` , 9�ri� /!f/•"� �,.. 'Q � � � � 5 txbroua eJcnu.i>vA►bun e. 1• � -iRfi'17.� 1{e..e., ��•. S•i'�''•a �9 O 0 YtRaO[ im'eJ7b7nJ:Y1fAYR1N4[ JElll I +� � �. � EE"f#GWRu 19.J.IOhro {Jf'1'1 EJRIh '4 } /''•i�i i-i\'t 9 iJNI•JI311.JIlJ[Ffd/'J � �J d�uc4aa¢esrl�JreFrsa� � q;�r Aat� { o �. 6 1111 ��yl.�[pO�t 'f, al lr4 .^iY �liii]ITi.f Hf ev i'�I wu .lt ' .mow . w..rum..rf.an... i.....' ......� ,__...... .»................ ..i:x.r-...... _. _._•____._ •.„..... ITEM NO. 4 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community 5A1 GABR'EL , * Services ELJAT4"J DATE: March 6, 2024 SUBJECT: Authorize Painting Services with Dream Painting Inc. for the Esther Snyder Community Center for CIP21-193 & CIP21- 194 SUMMARY The purpose of this staff report is for City Council to authorize painting services with Dream painting Inc. for the Esther Snyder Community Center; Gymnasium, Weight/Boxing Room, Martial Arts Room, and Games Room. RECOMMENDATION It is recommended that the City Council: 1. Authorize the painting services in the amount of $63,000 with Dream Painting Inc.; and 2. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and 3. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The total cost to paint the Esther Snyder Community Center; Gymnasium, Weight/Boxing Room, Martial Arts Room, and Games Room is $63,000 which includes removal of existing acoustic panels. The total combined approved CIP budget amount is $280,000 from the Park Fees (Quimby Act) for CIP21-193 in the amount of $225,000 with account # 234-60-620-58100-16227 and CIP21-194 in the amount of $55,000 with account #234-60-620-58100-16228. BACKGROUND At their November 1, 2023 City Council Meeting, City Council approved FY 2023-2024 CIP budget, includes CIP21-193 & 1.94 to Replace Sound Panels, Wall Carpet, Safety Pads and Paint for the Esther Snyder Community Center, Gymnasium, Weight/Boxing Room, Martial Arts and Games Room with an allocation from the Park Fee (Quimby Act) Funds in the amount of $225,000, account #234-60-58100-16227 and CIP21-194 in the amount of $55,000 with account #234-60-620-58100-16228. The total cost to paint the Esther Snyder Community Center; Gymnasium, Weight/Boxing Room, Martial Arts Room, and Games Room is $63,000 which includes the removal of the existing acoustic panels. To accommodate most of the existing programs, classes, and events, most of the work will be completed after hours. Below are the three (3) quotes received for the painting and removal of the existing acoustic panels. Page 1 / 2 Contractor Quotes Dream Painting Inc. $63,000.00 Brightview Painting $64,450.00 KYA Services $122,947.76 To achieve maximum cost savings and complete the project, staff will work with several contractors to reduce the overhead cost instead of awarding the entire project to one contractor. Thus, staff will present for the City Council's consideration at a subsequent City Council Meeting if the award of other contracts exceeding the Chief Executive Officer's signing authority. ALTERNATIVES The City Council may elect not to approve the painting services. LEGAL REVIEW Not required. ATTACHMENTS None Page 2 / 2 ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community 5A1 GABR'EL , * Services ELJAT4"J DATE: March 6, 2024 SUBJECT: Waive Formal Bid Procedures and Authorize the Purchase from Shaw Integrated Solutions, Inc. for CIP24-051-051-56017 & CIP21-193 Replacement of Police Department Dispatch Carpet & Flooring and Esther Snyder Community Center Gymnasium Wall Carpet SUMMARY The purpose of this staff report is for City Council to authorize the purchase from Shaw Integrated Solutions, Inc. for the replacement of Police Department Dispatch carpet & flooring and Esther Snyder Community Center, Gymnasium wall carpet as it would be uneconomical to follow purchasing procedures since the supplies are available through an existing award contract and previously completed the bidding process and (ii) the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 23 (C). RECOMMENDATION It is recommended that the City Council: 1. Waive formal bid procedures pursuant to Section 34.23(C) of the Baldwin. Park Municipal Code; and 2. Authorize the purchase in the amount of $53,770.02; and 3. Authorize the Director of Recreation & Community Services to executive any other associated documents needed for the purchase; and 4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP and make necessary adjustments to the budget as well as the appropriation of $3,943.76 of General Fund to cover the additional cost for CIP24-051-56017. FISCAL IMPACT The purchase combines two (2) CIP projects for a total of $53,770.02. The Police Department Dispatch CIP24- 051-56017 has an allocation of $28,000 from the General Fund, however the cost to replace the carpet and flooring is $31,943.76. CIP24-051-56017 has an impact to the General Fund of an additional $3,943.76 to complete the project. The Esther Snyder Community Center CIP21-193 has an allocation of $225,000 from the Park Fees (Quimby Act) the cost to replace the wall carpet is $21,826.26. :- 'e 1 At their November 1, 2023, City Council Meeting, the City Council approved the FY 2023-2024 CIP budget, which includes a CIP24-051-56017 and CIP21-093. The Police Department Dispatch CIP24-051-56017 has an allocation of $28,000 from the General Fund and the Esther Snyder Community Center CIP21-193 has an Page I / 2 allocation of $225,000 from the Park Fees (Quimby Act) for the cost to replace the wall carpet in the gymnasium. The carpet and flooring in Dispatch has also reached its useful life and is showing considerable wear. The proposed vinyl and carpet tiles that will be purchased are commercial grade and can withhold high traffic use. The installation of the new baseboards, vinyl flooring and carpet tiles to match will transform the rooms. Most of the installation will take place after hours and weekends if necessary to accommodate the 24-hour operations. The Esther Snyder Community Center Gymnasium is currently going under remodel and the wall carpet is one the elements being replaced. Since there are multiple elements to complete the gymnasium project and to achieve the maximum cost savings, staff will work with several contractors to complete the project efficiently and effectively. Section Sourcewell (formerly the National Joint Powers Alliance) is a national service cooperative that combines the purchasing power of more than 50,000 member agencies and streamlines the purchasing process. The City is a member agency and has the option to utilize Sourcewell's services and take advantage of their contract teens. Sourcewell recently issued a Request for Proposals ("REP") that streamlines the procurement process by developing RFP's for national, competitive solicitations that meet or exceed local requirements. The rigorous process is continually refined to best meet the needs of participating agencies and allows Sourcewell to offer exceptional products from nationally acclaimed suppliers. Shaw Integrated Solutions is an identified bidder under the Sourcewell RFP. Section 34.23(C) of the Baldwin Park Municipal Code authorizes cooperative purchasing arrangements whenever the Council finds that the public interest and convenience require it. In such case, the City may purchase supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies like Sourcewell, without complying with the requirements of the City's purchasing regulations. ALTERNATIVES The City Council may elect not to approve the purchase. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None Page 2 / 2 ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community 5A1 GABR'EL , * Services ELJAT4"J DATE: March 6, 2024 SUBJECT: Waive Formal Bid Procedures and Authorize the Purchase from TLS Choice LLC to Replace Esther Snyder Community Center Sound Panels for CIP21-193 & CIP21-194 SUMMARY The purpose of this staff report is for City Council to authorize the purchase with TLS Choice LLC for the replacement of sound panels for the Esther Snyder Community Center as it would be uneconomical to follow purchasing procedures since the supplies are available through an existing award contract and previously completed the bidding process and (ii) the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 23 (C). RECOMMENDATION It is recommended that the City Council: 1. Waive formal bid procedures pursuant to Section 34.23(C) of the Baldwin Park Municipal Code; and 2. Authorize the purchase in the amount of $166,339.83 from TLS Choice LLC; and 3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and 4. Authorize the Director of Finance to appropriate funds included in the FY 23-24 CIP budget and make necessary adjustments to the budget. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The total purchase is in the amount of $166,339.83 which includes installation. The total combined approved CIP budget amount for the project is $280,000 from the Park Fees (Quimby Act) for CIP21-193 in the amount of $225,000 with account # 234-60-620-58100-16227 and CIP21-194 in the amount of $55,000 with account #234-60-620-58100-16228. BACKGROUND At their November 1, 2023 City Council Meeting, City Council approved FY 2023-2024 CIP budget, includes CIP21-193 & 1.94 to Replace Sound Panels, Wall Carpet, Safety Pads and Paint for the Esther Snyder Community Center; Gymnasium, Weight/Boxing Room, Martial Arts and Games Room with an allocation from the Park Fee (Quimby Act) Funds in the amount of $225,000, account #234-60-620-58100-16227 and CIP21-194 in the amount of $55,000 with account #234-60-620-58100-16228. The total cost to replace the acoustical sound panels is $166,339.83. The installation of the new acoustical sound panels is to match the city logo standard color pallets. To achieve maximum cost savings and complete the project, staff will work with several contractors to reduce the overhead cost instead of awarding the entire project to one contractor. Thus, staff will present for the City Council's consideration at a subsequent City Council Meeting if the award of other contracts exceeding the Chief Executive Officer's signing authority. Page 1 / 2 The acoustic panels may be purchased under the Arvin Union School District Contract, Bid #2022-23-001. The Arvin Union School District Contract Agreement went out to bid and subsequently was approved at the July 19, 2022, board meeting. Since then, Arvin Union School District at their June 27, 2023, meeting extended Bid #2022- 23-001 bid results from July 1, 2023, thru June 30, 2024. Staff is requesting to waive the formal bid process to allow staff to procure with authorized supplier as per the City Purchasing Ordinance Chapter 34 section 23 (C) that reads as follows; Whenever the Council finds that the public interest and convenience require, the City may purchase City supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter. The purchasing ordinance authorizes "piggyback" since the contract was issued and already went through a bidding process at the time they were selected and made an authorized contractor. Attached is the proposed color design and layout. ALTERNATIVES The City Council may elect not to approve the purchase LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Proposed Gymnasium Acoustic Panels Colors Page 2 / 2 ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager S'EL� = Manuel Carrillo Jr., Director of Recreation and Community a� ,A,;,w Services Shirley Quinones, Chief Deputy City Clerk DATE: March 6, 2024 SUBJECT: Recommendation for Approval of Funding From the Measure BP Stakeholders Oversight Committee (SOC) — Architectural Services for Concept Report for Proposed Sports Complex. SUMMARY The vision of the SOC and the community aligns with the vision of the City Council to provide a recreational location that will significantly enrich the community by promoting physical fitness, social interaction, inclusivity and family activities. The development of a Sports Complex has been identified as a priority project by the SOC. RECOMMENDATION It is recommended that the City Council: 1. Concur and approved the recommendation from the SOC for Funding from Measure BP Revenue for the preparation of a Concept Report for the development of a sports complex in the City for the amount of $80,000. 2. Authorize the Director of Finance to appropriate $80,000 from the Measure BP Fund 3. Direct the Chief Executive Officer and the Director of Recreation and Community Services to solicit Architectural Services via a Request for Qualifications (RFQ) for this purpose. FISCAL IMPACT There will be no impact to the general fund. Funding will be budgeted from Measure BP. BACKGROUND The SOC solicited input from the community on the investment opportunities to be funded by Measure BP. They held three community engagement meetings on October 16, 2023, October 17, 2023 and January 18, 2024, and the theme that was consistent was the need of a sport complex for the community. On February 13, 2024, the SOC unanimously approved the Request for Funding for the amount of $80,000 to begin the Architectural concept for the proposed sports complex. DISCUSSION The development of a sports complex in the City quickly surfaced as an early community investment opportunity during the public engagement discussion related to Measure BP, before the Measure was passed and after it was passed. The SOC endeavored to make in -person visits to several Sport Complex facilities in region to further shape the range of the amenities that could be included in our own sports complex. Page 1 / 2 The City has held preliminary discussions with the Baldwin Park Unified School District (BPUSD) about the possibility of a joint development of a sports complex at any of the sites of schools that have been decommissioned. Developing a concept report will assist in furthering such discussion. ALTERNATIVES None being recommended. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Staff Report by the CEO presented to the SOC on February 13, 2024 Page 2 / 2 SOC ITEM NO. 4 4 TO: Chair and Members of the Measure BP Stakeholders HcoF Oversight Committee (SOC) sL FROM: Enrique C. Zaldivar, City Manager JA' DATE: February 13, 2024 SUBJECT: Proposal- Request For Measure BP Funding- Architectural Services For Concept Report For Proposed Sports Complex SUMMARY The development of a sports complex had been identified as an early -start project by the SOC, based on input received at the community meetings as well as discussions held at the SOC meetings. The next important step in this endeavor is to commission the preparation of a Concept Report by an architectural firm that would outline the general features, amenities, land requirements, and a cost estimate for the sports complex. RECOMMENDATION Approve Measure BP Funding for the Preparation of a Concept Report for the development of a sports complex in the City. Investment Opportunity Category: Sports Development Subcategory: Sports Complex Requestor: Administration and Recreation and Community Services Department Dollar Amount Requested: $80,000 Forward Recommendation to the City Council for Final Action FISCAL IMPACT Requested Funding will be a direct drawdown from the Measure BP Fund. As of November 30, 2023, the Fund Balance was $3.75 million, more than sufficient to cover the request of $80,000. BACKGROUND The SOC has held three community engagement meetings soliciting direct input from the community on the investment opportunities to be funded by the revenue received from Measure BP. One of the themes that was supported and captured in the Investment Categories of the SOC is the development of a Sports Complex. In furthering its own informational background, members of the SOC conducted two (2) field trips to cities in the region to gain ideas on particular features that our own sports complex could include. For example, the glass - enclosed aquatics center with the retractable roof in the City of Upland; the use of multiple sports overlays on sporting fields in the City of Chino Hills; the inclusion of a multiplicity of sporting activities and community activities all in one single complex in the 100-acre site in the City of South Gate. DISCUSSION Sports for all ages and genders is an integral part of our American culture. The promotion of sporting activities is particularly important for the youth of our city, when the benefits of a healthy physical fitness development can be most effectively inculcated. Our City provides very limited sports facilities infrastructure to support the basic sporting needs of our community, much less to support a competitive sporting platform. Page 1 / 2 The confluence of two pivotal events have made the possibility of the development of a sports complex in the City far more realistic: the passage of Measure BP and the possible availability of property following the closure of several school sites by the Baldwin Park Unified School District. The preparation of the Concept Report being requested is crucial in advancing the development process, including in advocating with the School District and the community at large. ALTERNATIVES SOC may choose not to approve the recommendation. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. SOC Community Engagement Meetings Announcements 2. SOC Sports Facilities Field Trips Itineraries Page 2 / 2 X e asure th and th �b m I fill"I" I M" �"_ :'I"'It"I a� INJ Ir Measure BP, a 3i4 cent sales tax ballot measure, was approved by Baldwin Park voters in November 2022 and is set to generate approximately $6 million dollars per year. The SOC is seeking input from City residents in prioritizing the investments to be funded by Measure BP, and to be recommended to the City Council. Refreshments will be provided. For additional information please call, 317 Stakeholders Oversight Committee r - Chair - Betsy Lara ice® it - Pastor Elmer Jackson Members Jorge Hernandez - Estela Mata-Carcamo - Gregory Orozco - Sasha Rodriguez - Nghiem Van Nguyen CITY OF BALDWIN PARK MEASURE BP — STAKEHOLDERS OVERSIGHT COMMITTEE SPORTS COMPLEX — FEFERENCE SITES VISIT TOUR SATURDAY, OCTOBER 28, 2023 ITINERARY 8:00-8:30 am — Gather at BP City Hall by ARC Atrium 8:30 am — Call Meeting to Order................................................................................................Chair Betsy Lara Roll -Call Public Communications 8:40 am — Board Trolly Bus 8:45 am — Depart for West Covina Sportsplex 9:35 am — Arrive at West Covina Sportsplex 2100 S Azusa Ave., West Covina, CA 91791 Attn: Roxanne E. Lerma, Asst. City Manager 10:00 am — Tour Begins 11:20 am — Depart for Chino Hills Community Park 12:00 pm — Arrive at Chino Hills Community Park 3280 Eucalyptus Ave., Chino Hills, CA 91709 Attn: Jonathan Marshall, Community Services Director Fe Rama, P.E., Senior Engineer Jesse Cortez, Community Services Coordinator Ben Montgomery, City Manager 12:00-12:30 pm..................................................................................Lunch at the Park (provided by City of BP) 12:30 pm —Tour Begins 1:45 pm — Depart for Upland Scheu Family YMCA 2:30 pm — Arrive at Upland Scheu Family YMCA 1150 E Foothill Blvd., Upland CA 91786 Attn: Cheyanne, Operations Manager YMCA Farzad Yektafar, General Manager YMCA Michael Blay, City Manager 2:45 —Tour Begins 4:00 pm — Depart for Baldwin Park City Hall 4:45 pm — Arrive at Baldwin Park City Hall CITY OF BALDWIN PARK MEASURE BP — STAKEHOLDERS OVERSIGHT COMMITTEE SPORTS COMPLEX — REFERENCE SITES VISIT TOUR SATURDAY, NOVEMBER 18, 2023 11111L1IMT-11c�'1 8:00-8:30 am — Gather at BP City Hall by ARC Atrium 8:30 am — Call Meeting to Order................................................................................................Chair Betsy Lara Roll -Call Public Communications 8:40 am — Board Trolly Bus 8:45 am — Depart for Glendale Sports Park 9:30 am — Arrive at Glendale Sports Park 2200 Fern Lane, Glendale, CA 91208 Attn: William DeLaCerda, Community Services Coordinator 9:40 am — Tour Begins 10:45 am — Depart for City of South Gate 11:30 am — Arrive at City of South Gate Sports Park 9520 Hildreth Ave., South Gate, CA 90280 Attn: James Marquel, Supervisor 11:40 am — Tour Begins 12:00-12:30 pm..................................................................................Lunch at the Park (provided by City of BP) 12:30 — Continue Tour 1:25 pm — Depart for City of La Puente 2:00 pm — Arrive at City of La Puente Sports Complex 501 N Glendora Ave., La Puente, CA 91744 Attn: Adriana Dominguez, Community Services Supervisor 2:15 —Tour Begins 3:15 pm — Depart for Baldwin Park City Hall 3:45 pm — Arrive at Baldwin Park City Hall ITEM NO. 8 Im rH�. ' FROM: SAID G46RIEL b Honorable Mayor and Members of the City Council Enrique C. Zaldivar, Chief Executive Officer Robert Lopez, Chief of Police Sam Gutierrez, Director of Public Works Shirley Quinones, Chief Deputy City Clerk DATE: March 6, 2024 SUBJECT: Approve the Requisition of Eleven (11) New Police Vehicles to the City's Lease Program — Measure BP Stakeholders Oversite Committee (SOC) Recommendation SUMMARY A request for funding was submitted to the SOC for their consideration at their meeting of February 13, 2024. The SOC approved the request, which is hereby presented to the City Council for its concurrence and approval for the addition of eleven (11) new police vehicles to the City's Leasing Program including the required after - market upgrades. These vehicles will replace eleven (11) existing vehicles with similar features currently in use. The leased vehicles will be assigned to the Patrol Division and Community Service Bureau. The displaced vehicles will then be sold at auction and the proceeds of the sale will be applied to the Leasing Program for procurement of future Police department vehicles. RECOMMENDATION It is recommended that the City Council: 1. Concur and approve the recommendation of the SOC for funding from Measure BP Funding for $1,056,00.00 plus $80,000.00 for contingency at the discretion of the CEO for the lease acquisition of eleven (11) Police Vehicles. 2. Authorize the addition of eleven (11) new police vehicles to the City's Lease Program; and 3. Authorize the Director of Finance to appropriate $1,136,00.00 funds from Measure BP (Fund #110) for this lease agreement; and 4. Authorize the Director of Public Works or their designee to add eleven (11) vehicles to the lease program to include: • 10 Dodge Durango Pursuit vehicles. 0 1 Ford Mustang Mach-E Sport Crossover Utility vehicle. 0 Accessories, light bar, police cage, and support equipment. ($24k per vehicle). FISCAL IMPACT There will be no impact on the general fund. The SOC has recommended the approval of $1,056,00.00 plus and additional $80,000.00 of Measure BP Funds. On February 13, 2024, Measure BP Stakeholder Oversight Committee (SOC) considered a funding proposal to lease the eleven (11) police vehicles. The SOC approved the request and will recommend to the City Council to appropriate the funds from Measure BP. The lease of the vehicles would be paid yearly through a service agreement (5 years), and funding will be budgeted Page 1 / 3 in future fiscal years from Measure BP Funds (Fund #110). The estimated payment plan would be as follows: Year 1 estimated payment � �...----------- -PPPMMMMYear $317,732.80* .-��..-------------- 2 estimated payment $184,566.80 Year estimated payment $184,566.80 Year 4 estimated payment $184,566.80 Years estimated payment $184,566.80 *Year one requires 50% of all aftermarket equipment to be paid. BACKGROUND This item seeks the City Council's consideration of approval to add eleven (11) police vehicles to the City's Leasing program, including the purchase of any after -market equipment. The leased vehicles will replace ten (10) existing patrol vehicles currently in use. The I Ith vehicle, a Ford Mustang Mach-E will be assigned to the Community Service Bureau of the Baldwin Park Police Department, replacing a 2004 Chevy Trailblazer that is 20 years old. The replaced vehicles will be sold at auction, and the sale proceeds will be applied to a vehicle replacement fund account for future use. Having a modern, reliable police fleet is crucial for any department to effectively respond to calls for service and keep the community safe. However, budget constraints often mean police vehicles are kept in service long past their recommended lifespans and accumulate high mileage in demanding conditions. The aged patrol vehicles in our fleet are prone to breakdowns, costly repairs, and excessive downtime. This directly reduces the number of available patrol units we have deployed at any given time. The following four vehicles which are currently in use have over 100,000 miles: • Unit 3123 - 2015 Ford Explorer - 100,570 miles. • Unit 3125 - 2016 Ford Explorer - 101,771 miles. • Unit 3133 - 2016 Ford Explorer - 110,210 miles. • Unit 3134 - 2016 Ford Explorer - 105,329 miles. Additionally, Unit 3132 - 2016 Ford Explorer (Sgt Unit) has over 78,000 miles and due to its age, has been identified as needing replacement. In 2020, the city purchased five 2020 Ford Police Interceptor Utility hybrid vehicles using the funds received from AQMD. However, the department quickly learned that the 1 st generation hybrid technology was insufficient for continuous robust police use based on extensive mechanical problems. All five of our new 2020 Ford Police Interceptor Utility hybrid vehicles are spending an excessive amount of time in the shop for repairs, all over 100 days: • Unit 3122 - 131 days in the shop - transmission issues • Unit 3129 - 1.07 days in the shop - transmission and axle issues • Unit 3130 - 161 days in the shop - transmission and axle issues • Unit 3135 - 151 days in the shop - wiring, axle, and differential issues • Unit 3137 - 151 days in the shop - rear differential and drive shaft issues The 2020 Ford Police Interceptor Utility hybrids have proven unreliable for continuous and demanding police use, necessitating their removal and sale from the fleet. In 2022, the department secured funding for four additional patrol vehicles to augment our fleet. However, due to our limited inventory for patrol, it only takes a few vehicles to be out of service to impact patrol operations Page 2 / 3 significantly. On multiple occasions over the past several months, some patrol shifts have had 50% or more of our regular contingent of vehicles unavailable due to repairs, maintenance, or mechanical issues. This vehicle shortage has sometimes forced officers to double up in police units, decreasing our proactive patrol capabilities. It also lengthens response times to calls for service when no backup units are available due to so many vehicles being out of service for repairs. Citizens expect and deserve a prompt emergency response, which is being hindered due to the lack of operable vehicles. We have reached the point where the state of our aging patrol fleet is now a direct threat to officer safety and our capability to patrol and respond to calls in the city effectively. Upgrading to newer pursuit -rated police Dodge Durango models would give officers reliable, high -performing vehicles ready to handle the unique demands of police work. This will restore our patrol efficiency, improve safety for officers, and ensure we can meet the community's needs by responding to calls promptly. With Ford no longer accepting purchase orders for new Police Interceptors until 2025, we have an immediate need for patrol vehicles, which will not allow the department to wait over a year. Switching to the Dodge Durango pursuit vehicle allows us to acquire much -needed new pursuit -rated police units that are in stock rather than continue using unreliable, high -mileage vehicles for another year until new Ford orders can be fulfilled. Additionally, the retail price for a Ford Explorer pursuit -rated vehicle is higher per unit than the Dodge Durango Pursuit alternative, making replacement with Ford's Police Interceptors less cost-effective, given our budget constraints. Purchasing the ten new pursuit -rated police vehicles would modernize our fleet and allow day- or night -shift -only vehicle assignments. This revised usage pattern would drastically extend the operational lifespan of vehicles by preventing round-the-clock operations that accelerate mechanical wear -and -tear and breakdowns. To go green, the police department will add an all -electric vehicle to its fleet by purchasing a Ford Mach-E vehicle for its community service bureau, replacing the 2004 Chevy Trailblazer. The decision to go with the Mach-E follows other forward -thinking law enforcement agencies nationwide, like the NYPD and the Michigan State Police, who have added this vehicle to their fleet. There is a charging station on the 5th floor of the parking structure that the police department can utilize, eliminating any additional costs. DISCUSSION Both PD and PW have identified a lease acquisition program with Enterprise Fleet Management which amortizes the lease over five years. The 10 patrol cars are 2023 Dodge Durango and the support car is a 2024 electric Ford Mustang Mach-E. ALTERNATIVES 1. The City Council may choose not to approve this item and direct staff with a desired alternative. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Staff Report by the CEO presented to the SOC on February 13, 2024 Page 3 / 3 SOC ITEM NO. 3 4 +�► ��Wz, TO: Chair and Members of the Measure BP Stakeholders � Oversight Committee sn FROM: Enrique C. Zaldivar, City Manager JA' DATE: February 13, 2024 SUBJECT: Proposal- Request For Measure BP Funding- Ten Police Patrol Vehicles and One Police Support Vehicle (Lease Acquisition) SUMMARY In their mission to provide public safety services for the community, police officers require reliable patrol vehicles, adequately equipped with the necessary technology and other safety features, to be effective in serving the city residents and businesses. This request will replace ten old and unreliable patrol police vehicles and one support vehicle with new vehicles. RECOMMENDATION Approve Measure BP Funding for the lease of ten (10) patrol police vehicles and one (1) support police vehicle for the Police Department. Investment Opportunity Category: Public Safety Subcategory: Equipment Requester: Police Department and Public Works Department Dollar Amount Requested: $1,056,000 ($211,200 per year, for five years) Authorize the CEO discretion to adjust the cost estimate/dollar amount requested by an additional $80,000, pending further refinement of the estimate with the lease company. Forward recommendation to the City Council FISCAL IMPACT Requested funding will be a direct drawdown from the Measure BP Fund. As of November 30, 2023, the Fund balance was $3.75 million, more than sufficient to cover this request of $1,056,000. The lease program is based on a five-year contract amortization. The monthly lease cost for each car is estimated to be $1600/month, $19,200/year/vehicle, $211,200/year/11 vehicles, $1,056,000/five years/II vehicles. Estimated annual total cost is $211,200 for the 11 vehicles. BACKGROUND Keeping an adequate and reliable fleet of vehicles for the Police Department is a shared responsibility between the Police Department (PD)and the Public Works Department (PW). As the emission control and power technologies have evolved, the City acquired a number of hybrid police patrol vehicles that were both gasoline and self -generating electric (not plug-in), which for police -type work would be considered a bold step at the time. Five of the eleven cars being replaced were acquired in 2020 through a grant from Air Quality Management District (AQMD), intended to further promote the use of better emission reduction technology. Since the vehicles were an early generation of the hybrid technology, they have been unreliable and in constant need of repairs, Page 1 / 2 rendering them unusable. The Police Department needs to replace those vehicles with reliable and dependable vehicles. The other six vehicles have exceeded their service life at over 100,000 miles. DISCUSSION Both PD and PW have identified a lease acquisition program with Enterprise Fleet Management which amortizes the lease over five years. The 10 patrol cars are 2023 Dodge Durango and the support car is a 2024 electric Ford Mustang Mach-E. A detailed cost breakdown of the estimate is included in the Attachment. ALTERNATIVES None being recommended. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Staff Report from the Police Department to the CEO. Page 2 / 2 TO: Enrique Zaldivar, Chief Executive Officer FROM: Robert A L6pez, Chief of Police DATE: January 17, 2024 SUBJECT: SUBMITTAL OF FUNDING PROPOSAL FOR THE MEASURE BP STAKEHOLDERS OVERSIGHT COMMITTEE (SOC). SUMMARY The Police Department is requesting to submit a funding proposal for the Stakeholder Oversight Committee's "SOC" consideration at its February 13, 2024, meeting. The proposal would be to lease ten police vehicles for our patrol fleet and one fully electric Community Service Vehicle, upgrading the Police Department's fleet. FISCAL IMPACT The funding needed to support the lease of these vehicles for 5 years is estimated at $900,00041,200,000. Enterprise offers a 5-year payment plan for the lease, which would average $211,200 per year. RECOMMENDATION I recommend we develop a replacement plan to phase out ten (10) patrol fleet vehicles over the next fiscal year. Pursuing funding through Measure BP would allow us to take advantage of the 2023 Dodge Durango Pursuit vehicle currently in stock. Replacing the Department's aging and unreliable vehicles is critical for public safety and our ability to respond to calls effectively and timely. Moreover, having a new fully electric police vehicle (Mustang Mach-E) assigned to our Community Service Bureau would also showcase the city's desire to incorporate zero -emission vehicles into the police department. Submit a funding proposal to the SOC for the lease of: • 10 Dodge Durango Pursuit vehicles. • 1 Ford Mustang Mach-E Sport Crossover Utility vehicle. • Accessories, light bar, police cage, and support equipment. ($25k per vehicle). BACKGROUND A modern, reliable police fleet is crucial for any department to effectively respond to calls for service and keep the community safe. However, budget constraints often mean police vehicles are kept in service long past their recommended lifespans and accumulate extremely high mileage in demanding conditions. Twenty-one (21) patrol vehicles are assigned to the Baldwin Park Police patrol fleet. However, some vehicles in the fleet are ten years old or have over 100,000 miles. The aged patrol vehicles in our fleet are prone to breakdowns, costly repairs, and excessive downtime. This directly reduces the number of available patrol units we have deployed at any given time. The following four vehicles have over 100,000 miles: • Unit 3123 - 2015 Ford Explorer - 100,570 miles. • Unit 3125 - 2016 Ford Explorer - 101,771 miles. • Unit 31.33 - 2016.Ford Explorer - 1.10,210 miles. • Unit 3134 - 2016 Ford Explorer - 105,329 miles. Additionally, Unit 3132 - 2016 Ford Explorer (Sgt Unit) has 73,758 miles and due to it's age, has been identified as needing replacement. In 2020, the city purchased five 2020 Ford Police Interceptor Utility hybrid vehicles using the funds received from AQMD. However, the department quickly learned that the 1 st generation hybrid technology was insufficient for continuous robust police use based on extensive mechanical problems. All five of our new 2020 Ford Police Interceptor Utility hybrid vehicles are spending an excessive amount of time in the shop for repairs, all over 100 days: • Unit 3122 - 131 days in the shop - transmission issues • Unit 3ZZ129 - 107 days in the shop - transmission and axle issues • Unit 3130 - 161 days in the shop - transmission and axle issues • Unit 3135 - 151 days in the shop - wiring, axle, and differential issues • Unit 3137 - 151 days in the shop - rear differential and drive shaft issues The 2020 Ford Police Interceptor Utility hybrids have proven to be unreliable for continuous and demanding police use, necessitating their sale from the fleet. In 2022, the department secured funding for four additional patrol vehicles to augment our fleet. However, due to our limited inventory for patrol, it only takes a few vehicles to be out of service to impact patrol operations significantly. On multiple occasions over the past several months, some patrol shifts have had 50% or more of our regular contingent of vehicles unavailable due to repairs, maintenance, or mechanical issues. This vehicle shortage forces officers at times to double up in remaining SUVs, decreasing our proactive patrol capabilities. It also lengthens response times to calls for service when no backup units are available due to so many vehicles being down for repairs. Citizens expect and deserve a prompt emergency response, which is being hindered due to the lack of operable vehicles. We have reached the point where the state of our aging patrol fleet is now a direct threat to officer safety and our capability to patrol and respond to calls in the city effectively. Upgrading to newer pursuit -rated police Dodge Durango models would give officers reliable, high -performing vehicles ready to handle the unique demands of police work. This will restore our patrol efficiency, improve safety for officers, and ensure we can meet the community's needs by responding to calls promptly. With Ford no longer accepting purchase orders for new Police Interceptors until 2025, we have an immediate need for patrol vehicles which does not allow for the department to wait over a year. Switching to the Dodge Durango pursuit vehicle allows us to acquire much -needed new pursuit -rated police units that are in stock rather than continue using unreliable, high -mileage vehicles for another year until new Ford orders can be fulfilled. Additionally, the retail price for a Ford Explorer pursuit -rated vehicle is higher per unit than the Dodge Durango Pursuit alternative, making replacement with Ford's Police Interceptors less cost-effective, given our budget constraints. Investing in a modern fleet is crucial to our infrastructure and for the department's public safety mission. Purchasing the ten new pursuit -rated police vehicles would modernize our fleet and allow day- or night- shift -only vehicle assignments. This revised usage pattern would drastically extend the operational lifespan of vehicles by preventing round-the-clock operations that accelerate mechanical wear -and -tear and breakdowns. ATTACHMENTS 1. Dodge Durano Quote from Enterprise. 2. Ford Mustang Mach-E quote from Enterprise 3. Equipment outfitting quote for Police Vehicles. FLEET (Equity) End - O en E Lease Rate Quote Quote No: 7610239 MANAGEMENT p � q Y) Prepared For: City of Baldwin Park Date 11/06/2023 Vasquez, Anthony AE/AM JDD/AGE Unit # Year 2024 Make Dodge Model Durango Series Pursuit 4dr All -Wheel Drive Vehicle Order Type Ordered Term 60 State CA Customer# 564902 $ 59,536.00 Capitalized Price of Vehicle 1 All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. $ 0.00 � Sales Tax 0.0000° State CA $ 850.69 Initial License Fee Order Information $ 0.00 Registration Fee Driver Name $ 565.00 Other: (See Page 2) Exterior Color White Knuckle Clearcoat $ 0.00 Capitalized Price Reduction Interior Color Black w/Cloth Bucket Seats w/Shift Insert or $ 0.00 Tax on Capitalized Price Reduction Lic. Plate Type Unknown $ 0.00 Gain Applied From Prior Unit GVWR 0 $000 T G ' O P' axon an n rlor $ 0.00 Security Deposit $ 0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $ 60,101.00 Total Capitalized Amount (Delivered Price) $ 1,001.70 Depreciation Reserve @ 1.6667% $ 274.01 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2 $ 1,275.71 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $ 0.00 Commercial Automobile Liability Enrollment Liability Limit $0.00 $ 0.00 Physical Damage Management Comp/Coll Deductible 0/0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0720 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal $ 121.19 Sales Tax 9.5000% State CA $ 1,396.90 Total Monthly Rental Including Additional Services $ -1.00 Reduced Book Value at 60 Months $ 450.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 15,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open -End (Equity) Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value. LESSEE City of Baldwin Park BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. Printed On 11/06/2023 07:06:42 PM Page 1 of 6 FLEET (Equity) End - O en E Lease Rate Quote MANAGEMENT p � q Y) Quote No: 7610239 Aftermarket Equipment Total Custom Equipment - AME ESTIMATE C $ 16,500.00 Total Aftermarket Equipment Billed $ 0.00 Total Aftermarket Equipment Capitalized $ 16,500.00 Aftermarket Equipment Total $ 16,500.00 ier Totals Descript�c r►,; (Bjilled or (4;)japped Prlpe Initial Administration Fee C $ 140.00 Pricing Plan Delivery Charge C $ 125.00 Courtesy Delivery Fee C $ 300.00 Total Other Charges Billed $ 0.00 Total Other Charges Capitalized $ 565.00 Other Charges Total $ 565.00 Printed On 11/06/2023 07:06:42 PM Page 2 of 6 FLEET (Equity) End - O en E Lease Rate Quote MANAGEMENT p � q Y) Quote No: 7610239 VEHICLE INFORMATION: 2024 Dodge Durango Pursuit 4dr All -Wheel Drive - US Series ID: WDEE75 Pricing Summary: INVOICE MSRP Base Vehicle $42,881 $43,075.00 Total Options $0.00 $0.00 Destination Charge $1,595.00 $1,595.00 Total Price $44,476.00 $44,670.00 SELECTED COLOR: Exterior: PW7-White Knuckle Clearcoat Interior: X9-Black w/Cloth Bucket Seats w/Shift Insert or Cloth Bucket Seats w/Rear Vinyl SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 2BZ Quick Order Package 2BZ NC NC APA Monotone Paint Application STD STD C5 Cloth Bucket Seats w/Shift Insert STD STD DFT Transmission: 8-Speed Automatic (850RE) STD STD DLK 3.45 Rear Axle Ratio STD STD ERC Engine: 3.61- V6 24V VVT UPG I WESS STD STD NAS 50 State Emissions NC NC PW7 02 White Knuckle Clearcoat NC NC TXQ Tires: 255/60R18 On/Off Road STD STD UAM Radio: Uconnect 4 w/8.4" Display STD STD WBN Wheels: 18" x 8.0" Black Steel STD STD X9_01 Black w/Cloth Bucket Seats w/Shift Insert or Cloth Bucket Seats w/Rear Vinyl NC NC Z6K GVWR: 6,500 lbs STD STD Printed On 11/06/2023 07:06:42 PM Page 3 of 6 CONFIGURED FEATURES: Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: liftgate Driver And Passenger Mirror: power remote heated manual folding side -view door mirrors Spoiler: rear lip spoiler Door Handles: body -coloured Front And Rear Bumpers: body -coloured front and rear bumpers with coloured rub strip Rear Step Bumper: rear step bumper Body Material: galvanized steel/aluminum body material : class IV trailering with harness, hitch Grille: black grille Convenience Features: Air Conditioning automatic dual -zone front air conditioning Air Filter: air filter Rear Air Conditioning: rear air conditioning with separate controls Console Ducts: console ducts Voice Activated A/C: voice activated air conditioning Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry Integrated Key Remote: integrated key/remote Auto Locking: auto -locking doors Passive Entry: proximity key Valet Key: valet function Trunk FOB Controls: keyfob trunk/hatch/door release Window FOB Controls: remote window controls Steering Wheel: steering wheel with manual tilting, manual telescoping Day -Night Rearview Mirror: day -night rearview mirror Auto -dimming Rearview Mirror: auto -dimming rearview mirror Driver and Passenger Vanity Mirror: driver and passenger -side visor mirrors Front Cupholder: front and rear cupholders Floor Console: partial floor console with covered box Overhead Console: mini overhead console with storage Glove Box: illuminated locking glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 3 12V DC power outlets Entertainment Features: radio SiriusXM AM/FM/Satellite with seek -scan Radio Data System: radio data system Voice Activated Radio: voice activated radio Speed Sensitive Volume: speed -sensitive volume Steering Wheel Radio Controls: steering -wheel mounted audio controls Speakers: 6 speakers 1st Row LCD: 2 1st row LCD monitor Wireless Connectivity: wireless phone connectivity Antenna: integrated roof antenna Lighting, Visibility and Instrumentation Features: Headlamp Type delay -off projector beam LED low/high beam headlamps Front Wipers: variable intermittent speed -sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper Rear Window Defroster: rear window defroster Printed On 11/06/2023 07:06:42 PM Page 4 of 6 Tinted Windows: deep -tinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Door Curb/Courtesy Lights: 2 door curb/courtesy lights Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance Tachometer: tachometer Voltometer: voltmeter Compass: compass Exterior Temp: outside -temperature display Low Tire Pressure Warning: tire specific low -tire -pressure warning Park Distance Control: ParkSense with Stop rear parking sensors Trip Computer: trip computer Trip Odometer: trip odometer Blind Spot Sensor: blind spot Oil Pressure Gauge: oil pressure gauge Water Temp Gauge: water temp. gauge Oil Temp Gauge: oil temperature gauge Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter Clock: in -radio display clock Systems Monitor: driver information centre Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Oil Pressure Warning: oil -pressure warning Water Temp Warning: water -temp. warning Battery Warning: battery warning Lights On Warning: lights -on warning Low Fuel Warning: low -fuel warning Low Washer Fluid Warning: low -washer -fluid warning Bulb Failure Warning: bulb -failure warning Door Ajar Warning: door -ajar warning Trunk Ajar Warning: trunk -ajar warning Brake Fluid Warning: brake -fluid warning Turn Signal On Warning: turn -signal -on warning Transmission Fluid Temperature Warning: transmission -fluid -temperature warning Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights Spare Tire Type: compact spare tire Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front -impact airbags Driver Side Airbag: seat -mounted driver and passenger side -impact airbags Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side -impact bars Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Ignition Disable: Sentry Key immobilizer Panic Alarm: panic alarm Printed On 11/06/2023 07:06:42 PM Page 5 of 6 Electronic Stability: electronic stability stability control with anti -roll Traction Control: ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints with tilt Rear Headrest Control: 3 rear head restraints Break Resistant Glass: break resistant glass Seats And Trim: Seating Capacity max. seating capacity of 5 Front Bucket Seats: front bucket seats Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 4-way driver and passenger lumbar support Driver Height Adjustment: power height -adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Fold Flat Passenger Seat: fold flat passenger seat Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split -bench seat Rear Folding Position: rear seat fold -forward seatback Rear Seat Armrest: rear seat centre armrest Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner Floor Covering: full vinyl/rubber floor covering Dashboard Console Insert, Door Panel Insert Combination LeatherSteeringWheel: leather steering wheel Interior Accents: chrome interior accents Cargo Space Trim: carpet cargo space Trunk Lid: plastic trunk lid/rear cargo door Cargo Tie Downs: cargo tie -downs Cargo Light: cargo light Concealed Cargo Storage: concealed cargo storage Standard Engine: Engine 293-hp, 3.6-liter V-6 (regular gas) Standard Transmission: Transmission 8-speed automatic w/ OD and auto -manual leatherette/metal-look instrument panel insert, door panel insert, console insert Printed On 11/06/2023 07:06:42 PM Page 6 of 6 FLEET (Equity) End - O en E Lease Rate Quote Quote No: 7509606 MANAGEMENT p � q Y) Prepared For: City of Baldwin Park Date 01/26/2024 Vasquez, Anthony AE/AM JDD/AGE Unit # Year 2024 Make Ford Model Mustang Mach-E Series Select 4dr 42 Vehicle Order Type Ordered Term 60 State CA Customer# 564902 $ 46,445.00 Capitalized Price of Vehicle 1 All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. $ 0.00 � Sales Tax 0.0000° State CA $ 661.01 Initial License Fee Order Information $ 0.00 Registration Fee Driver Name $ 565.00 Other: (See Page 2) Exterior Color (0 P) Star White Metallic Tri-Coat $ 0.00 Capitalized Price Reduction Interior Color (0 1) Black Onyx w/ActiveX Bucket Seats $ 0.00 Tax on Capitalized Price Reduction Lic. Plate Type Exempt $ 0.00 Gain Applied From Prior Unit GVWR 0 $000 T G ' O P' axon an n rlor $ 0.00 Security Deposit $ 0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $ 47,010.00 Total Capitalized Amount (Delivered Price) $ 634.64 Depreciation Reserve @ 1.3500% $ 230.93 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2 $ 865.57 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $ 0.00 Commercial Automobile Liability Enrollment Liability Limit $0.00 $ 0.00 Physical Damage Management Comp/Coll Deductible 0/0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0720 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal $ 82.23 Sales Tax 9.5000% State CA $ 947.80 Total Monthly Rental Including Additional Services $ 8,931.60 Reduced Book Value at 60 Months $ 450.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 15,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open -End (Equity) Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value. LESSEE City of Baldwin Park BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. Printed On 01/26/2024 12:12:06 AM Page 1 of 6 FLEET Open -End (Equity) Lease Rate Quote Quote No: 7509606 MANAGEMENT Other Totals Printed On 0 1 /26/2024 12:12:06 AM Page 2 of 6 FLEET (Equity) End - O en E Lease Rate Quote MANAGEMENT p � q Y) Quote No: 7509606 VEHICLE INFORMATION: 2024 Ford Mustang Mach-E Select 4dr 4x2 - US Series ID: K1R Pricing Summary: INVOICE MSRP Base Vehicle $43,495 $43,495.00 Total Options $995.00 $995.00 Destination Charge $1,895.00 $1,895.00 Total Price $46,385.00 $46,385.00 SELECTED COLOR: Exterior: AZ-(0 P) Star White Metallic Tri-Coat Interior: SJ-(0 I) Black Onyx w/ActiveX Bucket Seats SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 100A Equipment Group 100A NC NC 117WB 117" Wheelbase STD STD 153 Front License Plate Bracket NC NC 425 50-State Emissions STD STD 44A Transmission: Single Speed Included Included 644 Wheels: 19" Machined -Face Aluminum Included Included 994 Engine: Primary eMotor (Rear) (RWD) Included Included AZ_02 (0 P) Star White Metallic Tri-Coat $995.00 $995.00 PAINT Monotone Paint Application STD STD S ActiveX Bucket Seats Included Included SIRIUS SiriusXM Radio w/360L Included Included SJ_01 (0 1) Black Onyx w/ActiveX Bucket Seats NC NC STDAX Axle Ratio: 9.791 Included Included STDGV GVWR: TBD Included Included STDRD Radio: AM/FM Stereo Included Included STDTR Tires: 225/55R19 XL 103H A/S Included Included SYNC SYNC 4A w/Enhanced Voice Recognition Included Included Printed On 01/26/2024 12:12:06 AM Page 3 of 6 CONFIGURED FEATURES: Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: liftgate Driver And Passenger Mirror: power remote heated manual folding side -view door mirrors with turn signal indicator Spoiler: rear lip spoiler Door Handles: black Front And Rear Bumpers: body -coloured front and rear bumpers Front Bumper Insert: black front bumper insert Front License Plate Bracket: front license plate bracket Body Material: composite/galvanized steel body material Body Side Cladding: black bodyside cladding Grille: body -coloured grille Convenience Features: Air Conditioning automatic dual -zone front air conditioning Air Filter: air filter Console Ducts: console ducts Cruise Control: cruise control with steering wheel controls, Intelligent Adaptive Cruise Control distance pacing Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with front and rear 1-touch down 1/4 Vent Rear Windows: power rearmost windows Remote Keyless Entry: keyfob and smart device -as -key remote keyless entry Illuminated Entry: illuminated entry Key Pad: keypad locking Integrated Key Remote: integrated key/remote Auto Locking: auto -locking doors Passive Entry: proximity key Valet Key: valet function Trunk FOB Controls: keyfob trunk/hatch/door release Window FOB Controls: remote window controls Steering Wheel: steering wheel with manual tilting, manual telescoping Day -Night Rearview Mirror: day -night rearview mirror Auto -dimming Rearview Mirror: auto -dimming rearview mirror Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger -side visor mirrors Garage Door Opener: garage door transmitter Emergency SOS: 911 Assist emergency communication system Navigation System: navigation system with voice activation Front Cupholder: front and rear cupholders Floor Console: full floor console with covered box Overhead Console: mini overhead console with storage Glove Box: illuminated glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Seatback Storage Pockets: 2 seatback storage pockets Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 2 12V DC power outlets Entertainment Features: radio SiriusXM with 360L AM/FM/Satellite with seek -scan Radio Data System: radio data system Voice Activated Radio: voice activated radio Speed Sensitive Volume: speed -sensitive volume Steering Wheel Radio Controls: steering -wheel mounted audio controls Speakers: 6 speakers Internet Access: FordPass Connect internet access 1st Row LCD: 2 1st row LCD monitor Wireless Connectivity: wireless phone connectivity Antenna: fixed antenna Printed On 01/26/2024 12:12:06 AM Page 4 of 6 Lighting, Visibility and Instrumentation Features: Headlamp Type delay -off projector beam LED low/high beam headlamps Auto -Dimming Headlights: auto high -beam headlights Front Wipers: variable intermittent rain detecting wipers speed -sensitive wipers wipers with heating wiper park Rear Window wiper: fixed interval rear window wiper Rear Window Defroster: rear window defroster Tinted Windows: deep -tinted windows Dome Light: dome light with fade Front Reading Lights: front reading lights Ignition Switch: ignition switch light Variable IP Lighting: variable instrument panel lighting Display Type: digital appearance Compass: compass Exterior Temp: outside -temperature display Low Tire Pressure Warning: tire specific low -tire -pressure warning Park Distance Control: Forward and Reverse Sensing System front and rear parking sensors Trip Computer: trip computer Trip Odometer: trip odometer Lane Departure Warning: lane departure Blind Spot Sensor: blind spot Front Pedestrian Braking: front pedestrian detection Forward Collision Alert: forward collision Clock: in -radio display clock Systems Monitor: driver information centre Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Battery Warning: battery warning Lights On Warning: lights -on warning Key in Ignition Warning: key -in -ignition warning Door Ajar Warning: door -ajar warning Trunk Ajar Warning: trunk -ajar warning Brake Fluid Warning: brake -fluid warning Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes Vented Disc Brakes: front ventilated disc brakes Daytime Running Lights: daytime running lights Driver Front Impact Airbag: driver and passenger front -impact airbags Driver Side Airbag: seat -mounted driver and passenger side -impact airbags Overhead Airbag: curtain 1 st and 2nd row overhead airbag Knee Airbag: knee airbag Rear Side Airbag: rear side -impact -impact airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side -impact bars Perimeter Under Vehicle Lights: remote activated w/puddle lights perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Ignition Disable: SecuriLock immobilizer Security System: security system Panic Alarm: panic alarm Tracker System: tracker system Electronic Stability: AdvanceTrac electronic stability Traction Control: ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints Printed On 01/26/2024 12:12:06 AM Page 5 of 6 Rear Headrest Control: 3 rear head restraints Seats And Trim: Seating Capacity max. seating capacity of 5 Front Bucket Seats: front bucket seats Number of Driver Seat Adjustments: 6-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height -adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest Rear Seat Type: rear 60-40 bench seat Rear Folding Position: rear seat fold -forward seatback Rear Seat Armrest: rear seat centre armrest Leather Upholstery: ActiveX leatherette front and rear seat upholstery Door Trim Insert: leatherette door panel trim Headliner Material: full cloth headliner Floor Covering: full carpet floor covering Dashboard Console Insert, Door Panel Insert Combination: aluminum/sim carbon fibre instrument panel insert, door panel insert, console insert Floor Mats: carpet front and rear floor mats Interior Accents: chrome and aluminum interior accents Cargo Space Trim: carpet cargo space Trunk Lid: plastic trunk lid/rear cargo door Cargo Tie Downs: cargo tie -downs Cargo Light: cargo light Concealed Cargo Storage: concealed cargo storage Air Compressor: tire mobility kit Standard Engine: Engine 266-hp, (electric) Standard Transmission: Transmission 1-speed automatic Printed On 01/26/2024 12:12:06 AM Page 6 of 6 BLACKIr EMERGENCY VEHICLES Name / Address City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 590 South Vincent Avenue Azusa, CA 91702 Date Estimate # 12/21/2023 2311 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Customer Terms 2024 Durango Patrol Build Net 30 Item Description Qty Rate Total ALGT53J-1670286073 Allegiant 53" Dual Color / Black Domes 1 1,842.95 1,842.95T HKB-DURl I -HP Light Bar Hook Kit Dodge Durango 2015-2022 1 0.00 O.00T PF20OS17B Pathfinder 17 Button (TB-INTG22) 1 1,278.90 1,278.90T ES100C Speaker, ESOOC/DynaMax, 100W, High Output 1 304.49 304.49T ESB-U Universal Siren Speaker Bracket for ES100 1 38.96 38.96T ES100C Speaker, ESOOC/DynaMax, 100W, High Output 1 0.00 O.00T ESB-U Universal Siren Speaker Bracket for ES100 1 0.00 O.00T OBDCABLE25-DGCAN 25-ft OBD Cable, 2018-2023 Dodge Charger/Dodge 1 150.00 150.00T Durango EXPMOD24 24-Channel Expansion Module 1 306.87 306.87T 36-4075 Westin Push Bumper Elite Dodge Durango 2021-2023 1 461.25 461.25T 36-6005172MP Two Light Channel Federal Signal MicroPulse Light 1 42.89 42.89T Ford PIU 36-4075WC Westin Push Bumper Elite Wire Cover Dodge Durango 1 46.19 46.19T MPS62U-BW Micropulse Dual Color Blue / White Mirror Forward 1 159.80 159.80T Facing MPS62U-RW Micropulse Dual Color Red / White Mirror Forward 1 159.80 159.80T Facing MPS62U-RB Micropulse Dual Color Red / Blue 4 159.80 639.20T FHL-CHG Headlight Flasher Dodge Charger/ Durango 2018-2023 1 102.55 102.55T Fog Lamp Only for Durango /Halo Rear only for Charger FHL-TAIL Flasher, Taillight, Universal 1 96.99 96.99T CC-2IDUR-0810 2021+ Durango 18" Console, 8" Slope, 10" Level Area, 1 534.79 534.79T Relocates OEM USB Ports AC-INBHG Troy 4" Internal Dual Cup Holder 1 51.84 51.84T AC-TB-ARMMNT-58 Console Mounted Height Adjustable Swivel Arm Rest 1 172.53 172.53T DS-PAN-1111-2 Docking Station For Panasonic TOUGHBOOK 33 2-In-1 1 1,293.30 1,293.30T Laptop with Dual Pass-Thru Antenna Connections Quotes are subject to change and are Valid for 30 Days Subtotal Sales Tax (10.25%) Total Signature 590 S. Vincent Ave, Azusa, CA 91702 Office (626) 334-6300 Fax (626) 344-6301 JPr&BLACKANDWHITEEV.COlftaW iVW.BLACKANDWHITEEV.COM BLACKIr EMERGENCY VEHICLES Name / Address City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 590 South Vincent Avenue Azusa, CA 91702 Date Estimate # 12/21/2023 2311 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Customer Terms 2024 Durango Patrol Build Net 30 Item Description Qty Rate Total LPS-103 LUND Power Supply For Panasonic DS-PAN Docking 1 234.90 234.90T Stations CM-SDMT-SL-LED Console Side Mount w/Rotating Slide- Arm for Docking 1 477.09 477.09T Station TP-E-SM6-US-SS Troy Front Partition Bent -Frame Spacemaker 2021+ 1 989.01 989.01T Dodge Durango PM-21 DUR-BF 2021-22+ Durango Bent -Frame Space -Maker Partition 1 323.19 323.19T Mounting Kit KP-BFDUR-SS 2018-22+ Durango 3-Pc. Bent Frame Kick Panel 1 193.59 193.59T Assembly w/ Foot Pockets PS-21 DUR-OS-FX-RL 2021+ Dodge Durango Plastic Seat w/ OS belts, Rear 1 1,860.57 1,860.57T Cage Poly Window w/ Fire Extinguisher Cubby & Square -Hole Passenger Wall AC-DURI8-SET 2018-22+ Durango SSV Driver/Passenger side 1 218.70 218.70T Diamond -Punch Window Guard Set. AC-DURI8-HATCH Troy Dodge Durango Square -Hole Punched Hatch 1 135.46 135.46T Window Guard CP-21 DUR-CG-MNT 2021 Dodge Durango Lift -Up Cargo Mount 1 655.29 655.29T AC-21 DUR-TRAY 2021+ Dodge Durango Electronics Storage Tray 1 258.39 258.39T CP-GB203212-TL UV Gun Box, Half Size 1 1,677.97 1,677.97T 01-00153 Angel Armor Level I11A Front Door, Passenger Side 1 1,057.05 1,057.05T (2011+) Dodge Durango 01-00152 Angel Armor Level I11A Front Door, Driver Side (2011+) 1 1,057.05 1,057.05T Dodge Durango 475-2001 Gun Rack - Dual Weapon, Partition Mounted, Vertical 1 491.57 491.57T (GR3-AR BLM-870-XTRD-VP3/8/9) MMSU-1 Magnetic Mic Single Unit 1 36.75 36.75T MB8U 3/4" Hole NMO Antenna Coax RG58U 2 19.41 38.82T Quotes are subject to change and are Valid for 30 Days Subtotal Sales Tax (10.25%) Total Signature 590 S. Vincent Ave, Azusa, CA 91702 Office (626) 334-6300 Fax (626) 344-6301 JP r&BLACKAND WHITEE V.COIfta WWW.BLACKAND WHITEE V.COM BLACKIr EMERGENCY VEHICLES Name / Address City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 590 South Vincent Avenue Azusa, CA 91702 Date Estimate # 12/21/2023 2311 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Customer Terms 2024 Durango Patrol Build Net 30 Item Description Qty Rate Total QWB450 Laird 1/4 Wave Antenna, 450-47OMhz, Black 1 15.04 15.04T QWB152 Laird 1/4 Wave Antenna, 152-162Mhz, Black 1 13.61 13.61T 22174 Min1UHF Male Crimp-RG58 2 3.75 7.50T Ch27.1.20/L3 27 Circuits W/ Modular Smart Start Timer and L3 bracket 1 783.00 783.00T for Ford Utility with 20ft long Output Wires. FULL,BUILD Installation of all Emergency Equipment and customer 1 3,850.00 3,850.00 provided Two Way radio into a 2024 Dodge Durango Police Vehicle. WIRE&TERMINALS Wire, Terminals, Tie -Wraps, & Hardware 1 260.00 260.00T Quotes are subject to change and are Valid for 30 Days Subtotal $22,317.85 Sales Tax (10.25%) $1,892.95 Total $24,210.80 Signature 590 S. Vincent Ave, Azusa, CA 91702 Office (626) 334-6300 Fax (626) 344-6301 JPr&BLACKANDWHITEEV.COlfta WiVW.BLACKANDWHITEEV.COM ITEM NO. 9 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works s'EL�� PREPARED BY: Lena Abdullah, Management Analyst J,;,DATE: March 6, 2024 SUBJECT: Consider and Approve a Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance of the City's Dial -A -Ride and Fixed Route Transit Program and Approve a Compressed Natural Gas (CNG) Refueling Agreement with the City of El Monte to Support the City's Transit Program SUMMARY This item requests that the City Council consider and approve a 1-year Transit Services Agreement with Southland Transit, Inc. (STI), to operate the City's fixed route and dial -a -ride services as well as provide bus maintenance and possible extension of one additional year. It also requests that the Council consider and approve a CNG Refueling Agreement with the City of El Monte for a term of one year and possible extension of one additional year at the same terms RECOMMENDATION It is recommended that the City Council: 1. Approve a 1-year Transit Services Agreement (TSA) with Southland Transit, Inc. and possible extension of one additional year, and Authorize the Mayor and City Clerk to execute the agreement; and, 2. Approve a 1-year CNG Refueling Agreement with the City of El Monte and possible extension of one additional year and Authorize the Chief Executive Officer (CEO) to execute the agreement; and, 3. Authorize the Director of Finance to appropriate an additional amount of $150,000 from Fund 244- Proposition A to ensure enough funds are available to fund the program at the new rate. FISCAL IMPACT The approval of the Transit Services Agreement will have no impact on the City's General Fund. The City's Transit Program is funded through Propositions A and C local return revenue as well as an annual credit from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for program reporting through the National Transit Database (NTD). The total amount of the proposed TSA is estimated at $1,685,974.40. The funds needed for the services are included in the FY 2023-24 operations budget approved by the City Council on July 5, 2023, however an additional $150,000 from Fund 244 (Prop. A) is needed to cover the cost of the higher hourly rate of service as well as the unforeseen additional expense for fuel procured through various third -parties due to the City's CNG station being unavailable. FY2023-24 Approved Funds Amount Available Proposition A — Fixed Route and Dial -A -Ride operations $1,705,000 Proposition C — Fixed Route and Dial -A -Ride operations $151,000 Total Available Funds: $1,856,000 Page 1 / 4 Estimated. Additional Costs for FY2023-24 Estimated Amount Additional Appropriation from fund 244- Prop A for cost of higher rate from Dec 2023 to June 2024 $150,000 Total Estimated Costs (including already approved amount) $1,956,000 The approval of the CNG Refueling Agreement will have no impact on the City's General Fund. The cost of fuel was budgeted and approved in FY 2023-24 operations budget. In September 2023 the City's CNG Station unexpectedly became inoperable leaving no choice but for City and Transit vehicles to have to refuel at private stations at substantially higher rates. While the City's CNG station is expected to be back in working order by the start of June 2024, this CNG Refueling Agreement will allow City and Transit vehicles to refuel for about half the cost per gas gallon equivalate until such time the City's station is operational, as well as be used as an alternate station, should the City's CNG station become unavailable. BACKGROUND Southland Transit, Inc. (STI) has been the City's transit service operator for over 30 years. Starting as San Gabriel Valley Transit in 1994, The City of Baldwin Park was one of its first clients. Over the years, through various contract awards and contract extensions, STI has continued providing transit services for Fixed Route and Dial - A -Ride bus operations. On June 5, 2013, the City Council approved a five (5) year Transit Services Agreement with the options for extensions. The City and STI have agreed upon and executed four (4) amendments to the contract with the last one being approved on December 21, 2022, and expiring on August 18, 2023. At the time the amendment was executed the City's CNG station was not in operation yet so an interim rate was set at $90.33 until such time that the station is available which would then set the hourly rate at $72.43. When the amendment expired, City Staff and STI mutually agreed to continue service on a month -to -month basis so as not to interrupt service and to allow Staff time to explore options for creating a new contract. When the City's CNG station was no longer operable the hourly rate was reverted to the interim rate. Staff researched neighboring cities and found that the City of El Monte had a similar Transit Program to the City's, as well as a CNG station. Staff determined it would be most time and cost efficient to "piggyback" off El Monte's Request for Proposal (RFP) Process as permitted by Baldwin Park Municipal Code (BPMC 34.23 Section C - Bidding Exemptions for Cooperative Purchases). This section of the Municipal Code allows for cooperative purchases of goods and services. On October 7, 2021, the City of El Monte sent out an RFP for Transit and Paratransit/Dial-A-Ride Operations. They received two (2) viable responses, one from Southland Transit Inc, and one from First Transit, Inc. See. After a thorough evaluation process that is outlined in the RFP, the City of El Monte found that STI scored higher in several categories, including Cost, Work Plan, Qualifications and Experience. The proposed cost structure for El Monte's service varies slightly from the Cost Proposal received from STI for the City, however the rates were determined to be comparable. DISCUSSION Public Transit Service Operators all over California are facing financial hardships for many reasons including but not limited to low ridership, increased operational expenses, increased fuel cost, struggles to retain qualified drivers, and lastly due to continue efforts to recover from the industry -wide impacts of the COVID-19 pandemic. Staff is still committed to making the City's Transit System more efficient, sustainable, and most importantly meet the needs of the residents. This will be achieved by revamping and reimagining the current program, which will require more time and effort than originally planned. To sustain the program until such time, staff rigorously negotiated with STI to reach a reasonable hourly rate, set up the agreement with the City of El Monte to use its Page 2 / 4 CNG station, and implementing a slight cut -back on service hours and operations with as little impact as possible to riders. City and STI staff have concluded negotiations for the new contract and have established a proposed Revenue Hourly Rate of $84.40. The proposed rate is largely based on similar operations and services comparable to the rate structure as for the City of El Monte. The contract will allow for 19,970 revenue service hours with efforts being made to ensure operations continue with as minimal impact on commuters as possible. Also, fares will not increase and will remain at $1.00 for regular patrons and $0.50 for senior and disabled patrons. Staff is optimistic that these changes in services hours will also help improve performance and on -time services. The proposed changes include: Reduction of a few loops with low ridership for the all routes One Express Line Trolley runs Monday through Friday instead of two. • Dial -a -Ride services will be expanded to 7 AM to 6 PM seven days a week. • The contract period will be one year with an option to extend for one additional year. STI to provide General Transit Feed Specification (GTSG) files to meet City compliance with new NTD reporting requirements. • STI to provide passenger counts by stop and time instead of just daily. • Implements the Schedule of Compensation Rates with City Provided CNG as follows: Description Maximum Annual Revenue Service Hours Hourly Revenue Rate through Dec. 2024 Fixed Route 15,966 $84.40 Dial -A -Ride 4,004 $84.40 Annual Total 19,976 $1,685,974.40 STI has also partnered with TecTransit to provide real-time vehicle and map tracking for all Fixed -Routes. It is staff s intention that prior to the end of the contract's one-year term, a transit service consultant will evaluate the City's Transit Program through a transit ridership and route efficient study to better enhance the bus services as well as provide framework for a Bus Shelter Advertising Program to increase revenue. We will also have more aggregated ridership data to ensure we are meeting the ridership needs of our community. The goals are for the program to be more efficient, allow better options for patrons, and increase ridership. The transit services study will be brought back later as a separate item with recommendations for City Council consideration. ALTERNATIVES The City Council may choose not to approve the contract the Transit Services Agreement with STI, however, not doing so may prompt STI to seek further good faith negotiations to eliminate certain services to offset the negative impact on the business of providing transit services. 1. City Council may, at its discretion, direct Staff to solicit RFQ/RFP's and award a new contract agreement based on solicited service proposals; however, there may be an interruption to the current bus services should STI not be able to continue services. 2. The City Council may choose not to approve the CNG Refueling Agreement with the City of El Monte. 3. Provide Staff with alternate directions. Page 3 / 4 CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Transit Service Agreement with Southland Transit, Inc. 2. CNG Refueling Agreement with the City of El Monte 3. City of El Monte Request for Proposals for Transit Services 4. Southland Transit, Inc. Proposal to the City of El Monte 5. First Transit, Inc. Proposal to the City of El Monte 6. Southland Transit, Inc. Cost Proposal to City of Baldwin Park Page 4 / 4 TRANSIT SERVICES AGREEMENT THIS AGREEMENT is made and entered into on this 6Lh day of March 2024 by and between the CITY of Baldwin Park, ("CITY"), and Southland Transit, Inc. ("CONTRACTOR"). WITNESSETH WHEREAS, CITY is authorized by California Constitution Article XI, § 9 to furnish and operate public transportation services, and by Public Utilities Code §99288 to enter into an agreement to provide such services, and CITY desires to exercise such authority, and WHEREAS CONTRACTOR has the required skill, ability, experience, and expertise to provide the requested services. In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and CONTRACTOR agree as follows: 1. SCOPE OF SERVICES. This Agreement shall satisfy the requirements of Public Utilities Code §99288, and the rules and regulations adopted by the Secretary of Business, Transportation and Housing Agency, Federal Transit Administration of the United States Department of Transportation, California Department of Transportation, San Joaquin Council of Governments, and any other regulatory agency governing transit operations. CONTRACTOR agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to - month basis but shall not exceed the total compensation. 2. COMPENSATION. CITY shall pay for the services performed by CONTRACTOR pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B „ 3. QUALITY OF SERVICE. The quality of service provided is a primary and essential component of this Agreement. The level of compensation for services is contingent upon CONTRACTOR meeting the performance standards listed in Exhibit "A." Reductions in compensation for services levels not meeting the performance standard are enumerated in Exhibit "A." CONTRACTOR shall not operate, lease, or charter CITY provided equipment used for any purpose other than this Agreement, unless specifically authorized in writing by CITY. 4. TIME FOR PERFORMANCE. Service Providershall perform the services above described in a timely manner in accordance with the professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: March 6, 2024 B. Expiration Date: March 6, 2025 C. Upon mutual agreement by the parties, this agreement maybe extended for an additional one (1) one-year term. 5. AUDIT OR EXAMINATION. CONTRACTOR shall keep all records of funds received from CITY and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 6. STATUS OF CONTRACTOR. CONTRACTOR shall provide all necessary personnel, equipment, and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, CONTRACTOR shall be deemed, for alt purposes, an independent CONTRACTOR and shall have control of alt work and the manner in which it is performed. CONTRACTOR shah be free to contract for similar services to be performed for other entities while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. CONTRACTOR shall be responsible to pay and hold CITY harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. NOT AGREEMENT OF EMPLOYMENT. It is understood and acknowledged that this Agreement is not a contract of employment between CITY and CONTRACTOR, or any agents, officers, or employees of CONTRACTOR. CONTRACTOR is, and shall at all times be, deemed to be an independent CONTRACTOR. CONTRACTOR is not authorized to bind CITY to any contracts or other obligations. CONTRACTOR is not an agent or employee of CITY and shall at no time represent itself to be such agent or employee. Neither CONTRACTOR nor any of its employees or subcontractors shall be entitled to any benefits accorded to CITY employees including but not limited to Workers Compensation, disability insurance, unemployment compensation, life insurance, retirement benefits, vacation, or sick leave. 7. ASSIGNMENT. This Agreement is for the specific services with CONTRACTOR as set forth herein. Any attempt by CONTRACTOR to assign the benefits or burdens of this Agreement without written approval of CITY is prohibited and shall be null and void; except that CONTRACTOR may assign payments due under this Agreement to a financial institution. 8. RIGHT TO UTILIZE OTHERS. CITY reserves the right to utilize others to perform work similar to the Services provided herein. 9. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. CONTRACTOR shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 10. AMERICANS WITH DISABILITIES ACT COMPLIANCE. CONTRACTOR acknowledges that service provided as a result of Agreement may be subject to the Americans with Disabilities Act (ADA). CONTRACTOR agrees to comply with the requirements of the ADA including vehicles and service accessibility to the extent that it is applicable. CONTRACTOR shall ensure that if an ADA passenger is stranded due to a ramp failure or service interruption that the passenger is picked up within 30 minutes in a Road Supervisor vehicle or another vehicle. The vehicle that has ramp failure shall be removed from service and replaced as soon as possible. The ramp must be repaired before the vehicle is returned to service. 11. PREVAILING WAGES. In the event it is determined that CONTRACTOR is required to pay prevailing wages for any work performed under this Agreement, the CONTRACTOR shall pay all penalties and wages as required by applicable law. CITY will not recognize any claims for additional compensation because of the payment of the prevailing wages under this Agreement. The possibility of wage increases is one of the elements to be considered by the CONTRACTOR in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY. CITY makes no representations or warranties regarding the applicability or inapplicability of any provisions of the California Code, including without limitation, Labor Code sections 1770 et seq. 12. LIABILITY. CONTRACTOR is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred and agreed to in writing by CITY. CITY and its elected and appointed officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnities") shall have no liability to CONTRACTOR or to any other person for, and CONTRACTOR shall indemnify, defend, protect, and hold harmless the Indemnities from and against, any and all third -party liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorneys' fees and disbursement, including without limitation costs and fees of attorneys and/or expert consultants and/or witness and disbursements (collectively "Claims"), which the Indemnities may suffer or incur or to which the Indemnities may become subject by reason of or arising out of any failure by CONTRACTOR to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or omission of the CONTRACTOR, any subcontractor of CONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, occurring as a result of or allegedly caused by the performance or failure to perform by CONTRACTOR of CONTRACTOR service under this Agreement or the negligent or willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees, in performing any of the services under this Contract, except such loss or damage which was caused by the active negligence or willful misconduct of CITY. 13. LIMITS OF INSURANCE NOT LIMITING INDEMNIFICATION. If any action or proceeding is brought against the Indemnities by reason of any of the matters against which CONTRACTOR has agreed to indemnify the Indemnities as above provided, CONTRACTOR, upon notice from CITY, shall indemnify, defend, protect, and hold harmless the Indemnities at CONTRACTOR's expense. The Indemnities need not have first paid any of the matters as to which the Indemnities are entitled in order to be indemnified. The CONTRACTOR should assure that the insurance required to be maintained by CONTRACTOR under this Agreement shall ensure CONTRACTOR's obligations under this Section, but the limits of such insurance shall not limit the liability of CONTRACTOR hereunder. Acceptance of insurance certificates required under this Agreement does not relieve the CONTRACTOR from liability under this Section. CONTRACTOR's obligation and duty to indemnify, defend, protect, and hold harmless set forth in this Section shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of any of the CONTRACTOR's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or Claims for damages. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement. 14. ASSURANCE FOR OBLIGATIONS. If any action or proceeding is brought against the Indemnities by reason of any of the matters against which CONTRACTOR has agreed to indemnify the Indemnities as above provided, CONTRACTOR, upon notice from CITY, shall indemnify, defend, protect, and hold harmless the Indemnities at CONTRACTOR's expense. The Indemnities need not have first paid any of the matters as to which the Indemnities are entitled in order to be indemnified. The CONTRACTOR should assure that the insurance required to be maintained by CONTRACTOR under this Agreement shall ensure CONTRACTOR's obligations under this Section, but the limits of such insurance shall not limit the liability of CONTRACTOR hereunder. Acceptance of insurance certificates required under this Agreement does not relieve the CONTRACTOR from liability under this Section. CONTRACTOR's obligation and duty to indemnify, defend, protect, and hold harmless set forth in this Section shall apply to all damages and claims of every kind suffered, or alleged to have been suffered, by reason of any of the CONTRACTOR's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or Claims for damages. The provisions of this Section 17 shall survive the expiration or early termination of this Agreement. 15. INSURANCE. CONTRACTOR shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent CONTRACTOR'S liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $2,500,000, single limit, per occurrence; and (2) Property Damage -- $2,500,000, single limit, per occurrence; or (3) Combined single limits -- $5,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $2,500,000, single limit, per occurrence; and (2) Property Damage -- $2,500,000, single limit, per occurrence; or (3) Combined single limits -- $5,000,000. (C) Employee Practices Liability (EPL) Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the CITY. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, CONTRACTOR shall provide CITY with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The CITY, and its officials, officers, agents, and employees are named as additional insured (with the exception of Employee Practices Liability and Worker's Compensation). (2) The coverage provided shall be primary (with the exception of Employee Practices Liability and Worker's Compensation) as respects to CITY, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by CITY or its officials, officers, agents or employees shall be in excess of CONTRACTOR'S insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to CITY of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against CITY and CITY personnel for losses arising from work performed by CONTRACTOR for CITY, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 16. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of CITY. CITY's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by CONTRACTOR in performance of this Agreement. Such work product shall be transmitted to CITY within ten (10) days after a written request, therefore. CONTRACTOR may retain copies of such products. Any re -use by CITY shall be at the sole risk of CITY and without liability to CONTRACTOR. 17. RECORDS AND INSPECTIONS. CONTRACTOR shall maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. CONTRACTOR shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 18. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 19. CONFLICT OF INTEREST. CONTRACTOR agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and CONTRACTOR shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 20. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. CONTRACTOR may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 21. RIGHT TO TERMINATE. CITY may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 22. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, CITY shall be liable to CONTRACTOR only for work performed by CONTRACTOR up to and including the date of termination of this Agreement, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law. CONTRACTOR shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to CITY's receipt of a close-out billing. The insurance and indemnity obligations of this Agreement shall survive termination, as to any claim received relating to the services provided. 23. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply, and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 24. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by CONTRACTOR shall be construed to be both a covenant and a condition. 25. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the CITY and CONTRACTOR. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 26. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 27. DESIGNATED REPRESENTATIVES. The CONTRACTOR Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the CITY. The CITY Representative (B) designated below shall act on the CITY's behalf as Project Manager. (A) Southland Transit Attn: Jason Snow 3650 Rockwell Avenue El Monte, CA 91731 jason@southlandtransit.com (626) 258-1310 (B) CITY of Baldwin Park Attn.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 sgutierrez@baldwinpark.com (626) 960-4011 ex. 460 24 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery, by mail, or email. Notices shall be directed to CITY's Designated Representative identified in Paragraph "2" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. At Emmanuel J. Estrada Mayor Dated: Z== By, Marco A. Martinez CITY Attorney By, Jason now. Vice President/COO Dated, TRANSIT SERVICES AGREEMENT Exhibit A — Scope of Services A. Approach Monitoring: CONTRACTOR shall establish adequate monitoring systems, both administratively and in the field, to assure quality service provision. Key Staff: CONTRACTOR shall identify key staff, including a single contact person with whom the CITY will have regular contact on daily operational issues. Said key staff shall be generally available to CITY staff during regular business hours and available to dispatch staff at all times when vehicles are operational. In addition, the CITY will require identification of key management level persons with whom CITY representatives may require periodic contact. B. Service The hours and days of service for Fixed Routes and Dial -A -Ride services are described in the Schedule of Performance Exhibit "C". C. Purchase of Optional Services (Special Trips) In addition to regular operations, CONTRACTOR may, from time to time, upon receiving specific written authorization from CITY, be asked to provide special transportation services using Transit Services vehicles. These special services will be provided when determined by the CITY to be in the public interest, do not interfere with Transit Service's regular operation and are in compliance with applicable federal and state statutes. The CONTRACTOR shall be paid for these services at the variable hourly rate as designated in the Cost Proposal. Such requests can be anticipated of the CONTRACTOR at a minimum of 1 hour per service on an average of 6 events per year. CITY will notify CONTRACTOR of the request within a reasonable time for the CONTRACTOR to prepare. Hours associated with optional services are not included in the annual revenue service hour projection. D. Calculation of Revenue Service Hours CITY shall compensate CONTRACTOR for the management and operation of services for the CITY's Transit Services based on Exhibit B- Schedule of Compensation. The overall definition of a Revenue Service Hour is the actual time when the vehicle is available to the passengers and there is a reasonable expectation of carrying passengers that directly pay fares. Definitions by mode follow: 1. Fixed -route service definition: The time from the beginning of the first published route start -time, through to the end of the last run of the day (published route end times), exclusive of any times when the vehicle is not running due to driver breaks, lunch breaks, fueling time or when otherwise removed from scheduled service. Payment shall not be made for scheduled services that are not provided. The time from the transportation yard to the beginning of the route and from the end of the route back to the transportation yard shall not be included in the Revenue Service Hour. Fueling time is never considered a Revenue Service Hour. 2. Demand response definition: The time from when a vehicle makes its first pick-up through the time of its last drop-off, excluding driver breaks and lunch breaks, fueling time and downtime for road calls. Driver time to and from breaks, as well as lunch breaks, will be excluded. Fueling time is never considered a Revenue Service Hour, but rather "dead head" miles if bus refuels mid -day. E. Adiustments to Services It is expected that Transit Services will be periodically adjusted, as determined by the CITY at its sole discretion, and in consultation with the CONTRACTOR. Modifications may include, but are not limited to, adding, or deleting bus stops, extending, deleting, or adding routes, or parts of routes, and expanding or decreasing service hours by up to 10% in either direction without changing the revenue service hour rate. This increase or decrease shall be considered from a base figure of 19,970 annual revenue hours. Any such modifications in the number of service hours within the 10% levels established in this Scope of Work shall not require a modification of the revenue service hour rate provided in the "Schedule of Compensation" attached hereto and incorporated into this Agreement as "Exhibit B". Such modifications of an increase or decrease within the 10% level shall be agreed upon and provided for in writing. Any other change by the CITY in the Scope of Work that results in a modification to the number of service hours beyond the prescribed 10% levels shall permit the CONTRACTOR to renegotiate an increase in service rates. CONTRACTOR shall supply CITY with documentation of changes in costs resulting from the modification of the number of service hours or change in the Scope of Work. For the purpose of this section, any changes to revenue service hour levels that result from modifications are deemed effective at the time that modifications are made. The CITY will notify the CONTRACTOR a minimum of thirty (30) days in advance of any major service changes. However, minor service changes may be made in a shorter timeframe with the mutual agreement of the CITY and the CONTRACTOR. F. Resources and Facilities The CONTRACTOR shall provide adequate resources to perform the work as described, providing the CITY with a quality service that is responsive to customers. CONTRACTOR facilities shall be located such that the CONTRACTOR can meet the requirement of bringing a back-up vehicle into service within fifteen (15) minutes. This means that the back-up vehicle shall leave the CONTRACTOR facilities within fifteen (15) minutes of notification of the in-service problem. This standard shall apply to both fixed -route and demand service modes. G. Equipment - Vehicles The CITY shall provide the CONTRACTOR with the Transit Service vehicles that meet the Federal Transit Administration's (FTA) service -life standard. The CITY shall provide vehicle licenses and registration. These vehicles shall be used only for the Transit Services, unless otherwise authorized by the CITY. The CITY and CONTRACTOR recognizes that during the term of this Contract, engines, transmissions, differential and/or HVAC units of CITY -Owned Vehicles, that are no longer under warranty, may have to be rebuilt or replaced. If the CONTRACTOR determines that an engine, transmission, differential and/or HVAC unit requires rebuilding or replacement, the CONTRACTOR shall notify the CITY immediately after making such determination and, subsequently, in writing, detailing the reason for such a determination. The CONTRACTOR will proceed with work upon receiving written authorization from the CITY. If the CONTRACTOR's maintenance personnel perform the work, only the cost of the parts, as approved by the CITY, will be reimbursed by the CITY. All labor costs associated with the removal, replacement, or installation of engines, transmissions, and differential units, including associated replacement of attachment devices, gaskets, seals, etc., are the responsibility of the CONTRACTOR and are not eligible for reimbursement. If the CITY authorizes the replacement of engines, transmissions, and/or differential units to CITY Service Vehicles be performed by an independent outside CONTRACTOR, the CITY will pay for all parts and labor costs associated with this work. H. Fuel The CITY is responsible for all fueling costs for assigned CNG vehicles. A CNG fueling station is available to the CONTRACTOR at the 14747 Ramona Blvd (Los Angeles County Public Works Maintenance Yard). As an alternative, the CONTRACTOR may fuel at the City of El Monte's CNG fueling station at 3629 Cypress Ave. in the City of El Monte. CONTRACTOR will be provided access to these fueling facilities either immediately before or after the times that revenue services are scheduled, in order to permit its drivers to fuel revenue vehicles in a timely and efficient manner. CONTRACTOR will be responsible for all gasoline fuel costs. The CONTRACTOR's responsibility for gasoline costs presumes that all Fixed Route vehicles will utilize CNG fuel. I. Other Equipment 1. Radios Transit — The CONTRACTOR will be responsible for providing their own radios on an "as needed" basis. The CONTRACTOR shall be responsible for proper maintenance, licensing and replacement when required of said equipment and shall comply with all applicable federal statutes and regulations in connection with such use. 2. Phone Number and TDD. The CONTRACTOR shall provide a reservation phone number and Telecommunication Device for the Deaf (TDD). The CONTRACTOR shall be responsible for the installation, maintenance, and proper performance of the equipment. The CONTRACTOR shall also maintain additional telephone lines, as well a general administrative line. The CONTRACTOR shall bear all costs associated with transferring this customer service number to the CONTRACTOR's facility. The CONTRACTOR shall supply at least five (5) dedicated incoming reservation lines in rotary or digital for Transit Services. The telephone system must be capable of handling 20-30 calls during the peak hours. The CONTRACTOR shall bear all applicable charges associated with maintaining and operating the reservation phone lines and equipment. Upon termination of the contract the CITY reserves all right to the continued use of Transit Services reservation phone numbers. The CONTRACTOR shall specify the telephone number, other than the customer service number, by which to facilitate communication between the CONTRACTOR Project Manager and the CITY. The CONTRACTOR shall maintain a facsimile machine, at the dispatch center, for communication with the CITY. The CONTRACTOR shall also have e-mail capability. 3. Computer -Assisted Dispatching Software — The CONTRACTOR shall utilize computer -assisted software to facilitate the smooth operation of demand response services. The CONTRACTOR will be responsible for making key staff persons available for the required number of training hours and/or days and for the subsequent implementation and ongoing use of the software package. J. Personnel The CONTRACTOR shall be solely responsible for the provision and satisfactory work performance of all employees. The CITY shall have the right to demand removal from the project, for a reasonable cause, any personnel furnished by the CONTRACTOR, throughout the term of this agreement. 1. Converge of Dispatch Office: Personnel with dispatch capabilities shall staff the CONTRACTOR's office during revenue service hours, all times when vehicles are in revenue service. Telephone service shall be provided at CONTRACTOR's expense. This shall include special service periods, such as later evening service and holiday service when revenue services are being provided. 2. Project Manager: The named project manager shall be available to CITY staff during regular business hours. The project manager shall not be replaced without naming a replacement acceptable to the CITY and, to the extent possible, ensuring sufficient lead- time/ training time to minimize any gap in on -site management. 3. Driver Qualifications: The CONTRACTOR shall furnish drivers who are at all times: Legally licensed to operate a bus in the State of California with a valid California Class B or Class C driver's license as applicable to assigned vehicles and medical examination certificate, as well as any other licenses required by applicable Federal, State or local regulations. 4. Testing and Driving Records: To the extensive legally permissible, CONTRACTOR shall provide a program for drug testing of drivers and other personnel in a form reasonably acceptable to the CITY. CONTRACTOR shall have in place pre -employment and random testing procedures in full compliance with Federal drug -testing law (40 USC, Section 702, Drug- Free Workplace Act, 1988; 40 CFR, Part 29.600-29.635, Subpart F. Drug -Free Workplace). The CONTRACTOR shall submit to the CITY semi-annually updated listings of drivers employed to provide service to the Transit Services operations. In no event shall the CONTRACTOR employ any person as a driver who possesses a driving record with a citation for driving under the influence or a history of motor vehicle moving violation or accidents. 5. Training: All drivers shall receive initial and ongoing training in, at minimum: • defensive driving • passenger assistance techniques, including operation of lift -equipment. • Los Angeles County's Fixed -Route Service Standards Related to Persons with Disabilities and Complementary Paratransit Service Standards Related to Persons with Disabilities • general vehicle handling and safety • passenger relations "New Hire" training shall be no less than the minimum required by law and shall include both classroom and behind -the -wheel training. Drivers are required to receive at least 50% of their defensive driver training and the "hands on" portion of the sensitivity training prior to providing service in this program. All remaining new —hire driver training must be completed no more than thirty (30) days after any given driver begins providing service. "Refresher" training is required for all drivers on an annual basis and may be addressed through routine safety meetings. Monthly safety meetings shall be conducted for all staff associated within this contract to advise them of changes in procedure and to reinforce practices related to provision of quality service. The CONTRACTOR shall maintain records of new -hire training completion and safety meeting attendance. 6. Driver Wage Levels: The CONTRACTOR shall develop driver wages that meet requirements established by local, state or federal law. 7. Driver Responsibilities: In addition to their routine driving responsibilities, drivers will, when requested by the CITY, hand out notices to passengers or otherwise render assistance in CITY's monitoring and marketing activities. Drivers are required to collect fares, tokens, and honor special passes, accept and distribute transfers. CITY may occasionally require driver cooperation and assistance with on -board passenger surveys, bus stop alighting counts, or similar data collection processes during the course of the regular service day. 8. Maintenance Manager. The CONTRACTOR shall provide the services of a qualified maintenance manager. This individual may be the lead mechanic. The Maintenance Manager shall have a minimum of three years journeyman level experience, including experience working on transit -type vehicles and experience in directing the work of other maintenance personnel. :MVM 1. Passenger Fares: Passenger fares will be collected from every person boarding the vehicle, with the exception that children age 2 and younger are free when accompanied by a fare paying adult. Some exceptions in fare payment may be extended by CITY policy. The CITY reserves the right to adjust passenger fares at any time. Fares received by the operator shall be enumerated daily by mode (demand response vs. fixed route) and ideally by route. The CONTRACTOR shall be responsible for tracking varying fare programs (i.e. Easy- pass program, TAP, Disabled persons, senior discount fares, etc.) 2. Fare Collection and Reporting: CONTRACTOR personnel shall be responsible daily for counting fare box revenue. Fares shall be credited to the CITY in the monthly invoice, reported at minimum by mode of service. CITY reserves the right to audit passenger fares and fare collection procedures at any time, at its sole discretion. L. Maintenance 1. Vehicle Maintenance: All vehicles used in service to the CITY shall be maintained in safe, comfortable, and clean working order. CONTRACTOR at its sole cost and expense, shall provide all repairs, parts, lubricants, and supplies required for operation of buses, except as otherwise provided for in this Scope of Work CONTRACTOR shall ensure that adequate preventive maintenance is in place at reasonable intervals to forestall the need for major repairs. CONTRACTOR shall have the facilities and personnel to provide all routine repairs, although sub -contracts for bodywork or selected major repairs are acceptable. Maintenance records must be maintained and kept current and submitted monthly with CONTRACTOR invoice package. All vehicle repair or maintenance work must be performed or approved by a certified vehicle mechanic. CONTRACTOR personnel must have the ability to repair or to procure service for accessory equipment such as, but not limited to, fare boxes, radios and lift equipment. 2. CHP Terminal Yard Inspections. The CONTRACTOR shall obtain satisfactory ratings from the California Highway Patrol Motor Carrier Safety inspectors on their annual terminal inspection and certification process, pursuant to the California Vehicle Code (Section 34501 (c) and (e). The CONTRACTOR shall provide the CITY with a copy of the inspection certification and documentation of the repair or replacement of any items so cited within thirty (30) days of receipt from California Highway Patrol. The CONTRACTOR shall notify the CITY within twenty-four (24) hours of an "unsatisfactory" rating. In the event of such a rating, the CONTRACTOR is required to undertake actions necessary to obtain a "satisfactory" rating within thirty (30) days and to be responsible for scheduling a repeat inspection with the California Highway Patrol. 3. Safety Inspections: The CONTRACTOR shall perform daily safety inspections of vehicles prior to beginning each day's service. Vehicles failing the daily inspection shall not be used in service until the reason for failure is corrected. The CITY reserves the right to ensure that vehicles are properly maintained and in safe operating condition at all times. For passenger comfort, the heating and air conditioning units of all vehicles must be kept in proper working order. The CITY may inspect vehicles at any reasonable time and may bar a vehicle from a service until any identified problem is corrected. The CONTRACTOR may be required, at CONTRACTOR's expense, to transport the vehicles to CITY's designated inspection facilities. CONTRACTOR and CITY will meet and agree at such time to determine if a replacement vehicle is needed and the rate of compensation. 4. Vehicle Cleaning: All vehicles shall be cleaned throughout, both inside and out. Vehicle interiors shall be cleaned priorto each day of service, including daily sweeping and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, seats, handrails and stanchions, and inside windows shall be required. Interior of vehicles shall be cleaned sufficiently that they are odor -free, as determined by CITY in its sole discretion. A biological hazard clean-up kits will be available on each bus for incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed at least once weekly or more often if needed. CONTRACTOR shall maintain an up-to-date record of all washings and major cleanings. Said record shall be made available to CITY upon request. Vehicles may be removed from service upon request by CITY for unacceptable interior or exterior appearance or unacceptable odor. 5. Graffiti: Graffiti shall be removed from vehicles daily. 6. Physical Damage: All physical damage to vehicles shall be repaired within ten (10) working days of occurrence in a high -quality manner, regardless of cause. Any extension of days required for repair must be authorized by the CITY. 7. Security: CONTRACTOR shall provide for sufficient security at the CONTRACTOR's yard in order to ensure adequate protection of the vehicles in use for this service. ITAWT u c . , t , 7�] 171C[ C �T ii 1. The CONTRACTOR shall assist the CITY in fully complying with elements of the Americans with Disabilities Act of 1990 as it relates to operation of the fixed -route service. 2. Customer comments/complaints received by the CITY shall be transmitted to the CONTRACTOR for responses, within twenty-four (24) hours. Complaints received directly by the CONTRACTOR shall be similarly documented. A monthly report shall be transmitted to the CITY for review within 10 days of the month end. If the CITY receives two or more verifiable customer complaints on the same driver within one quarter, the CITY reserves the right to request that the driver be removed from this program. N. Accident, Incident and Emergency Procedures 1. Accidents or Incidents the CITY requires the CONTRACTOR to have an accident/incident and emergency notification program that keeps the CITY notified of accidents/incidents or emergencies and the progress of claims to assure the CITY that claims are promptly and fairly handled. All accidents must be reported to the CITY by telephone within three hours or at the beginning of the next business day, if the accident occurs at night, and in writing within 24 hours. Service -related incident reports filed by drivers must be provided to the CITY on, at minimum, a once weekly basis. The CONTRACTOR must assume all liability for accidents and worker compensation claims, etc. 2. Emergencies The CONTRACTOR shall comply with all local, state and federal disaster preparedness and emergency preparedness and response standards, procedures and protocols, including, but not limited to, those which may be established by the State Office of Emergency Services (OES) and the Federal Emergency Management Administration (FEMA). The CONTRACTOR shall be familiar with the Incident Command System (ICS), and, if requested by the CITY, and at no additional cost to the CITY, the CONTRACTOR shall cooperate with, and participate in, any disaster/emergency response exercise scheduled by the CITY. Any request for the CONTRACTOR to participate in such an exercise shall be made in writing at least thirty (30) days prior to the scheduled date of the exercise. In the event of an emergency or natural disaster, the CONTRACTOR shall make available, to the maximum extent possible, transportation and communications services and facilities to assist the CITY in ameliorating such incidents. To the extent the CITY requires the CONTRACTOR to provide such emergency services and facilities the CONTRACTOR shall be relieved of the obligation to fulfill the duties and responsibilities to operate services herein above contained. Further, the CONTRACTOR shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by the CONTRACTOR and the CITY following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. Training of personnel in emergency procedures shall be the sole responsibility of the CONTRACTOR and shall be included in the new hire and monthly safety meeting training program. O. Invoicing (Payment by CITY) The CONTRACTOR shall submit a detailed invoice to the CITY on a monthly basis. The CITY will pay the CONTRACTOR within fifteen (15) working days from the date of submission, contingent upon receipt of a Monthly Operations Summary containing passenger, other requested operating statistics, summary of fares collected, and the corresponding fares credit to the CITY. Payment may be delayed by the CONTRACTOR's untimely submittal of the monthly reporting summaries with the monthly invoice. The CITY may, at any time, conduct an audit of any and/or all records kept by the CONTRACTOR related to this service. P. Records and Reports The CITY will work closely with the CONTRACTOR in monitoring use patterns of service and the viability of the schedules. Changes to the routing and/or scheduling, as it relates to improving the quality of local services and potentially connecting with regional transportation services, may be anticipated and will require the cooperative efforts of the CONTRACTOR and the CITY. Monthly reporting will be required of the CONTRACTOR in a format that will comply with National Transit Data (NTD) Reporting. CONTRACTOR will provide the CITY with General Transit Feed Specification (GTFS) data files to assist in NTD Reporting compliance. Routine reporting requirements over the term of the contract will include but may not be limited to the data items detailed below. The CITY reserves the right to request modifications or additions to CONTRACTOR's reporting format and content. Monthly reporting by service type and route to the CITY shall include, at a minimum, but not limited to: • Total Passengers — number of riders (noting fare type, free boardings and transfers for in—service vehicles, system wide and by route.) • Total Passengers — number of passengers boarding and alighting by stop location and time of day. • Passenger Boarding on the Lift — system wide and by route. • Total Vehicle revenue Hours — number of hours vehicles are in revenue operation, system wide and by route. • Total Vehicle Hours — including deadhead, system wide and by route. • Total Vehicle Revenue Miles — number of miles vehicles travel in revenue service, system wide and by route. • Total Vehicle Miles Report — detailing revenue service and deadhead mileage (to include training, maintenance, or other mileage), system wide and by route or service type. • Total Revenues Collected — total cash fares collected from passengers and total non -cash fares recorded, system wide and by route. • Total transfers issued for Fixed -Route — by fixed -route mode only. • Total Transfers received for Fixed -Route — by fixed -route mode only. • Total Accidents and Road Calls — All types. • Passenger Use of Bike Racks —Fixed route, system wide, and by route. • Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. • No -Shows, Cancellations and Trips Completed - Demand response service and by mode. • On -Time Performance — sample from each route of at least five time checks per route per reporting period, reporting percentage of time vehicles are at time points zero minutes early and up to five minutes late of time points checked. • Missed Service Hours — hours or fractions thereof of scheduled service not provided. • Accurate hours worked per month for all employees for computation of FTEs. At CITY's request, bus stop counts of passenger on -off counts by stop will be collected by the driver or other staff, as mutually agreed to by CITY and CONTRACTOR. CONTRACTOR personnel are also expected to report missing bus stop signs, damaged or graffiti bus stops or bus stop shelters observed during the course of normal transit operations. CONTRACTOR personnel are asked to report accidents or suspicious activity observed during the course of normal transit operations. CONTRACTOR records shall be stored for no less than five (5) years after end of contract term or termination, final payment in a safe and secure place. Q. Minimum Service Standards The following represents Transit Services minimum services standards. These may be periodically adjusted during the course of the contract, with input from CONTRACTOR. It is the goal of CITY to maximize productivity while maintaining a high level of customer service. Based on the previous performance history these standards are achievable and represent the reasonable expectation of the CITY and transit riders. Baldwin Park Area Transit Service Standards MEASURE STANDARD Demand Response Service ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... A. On -Time - pick up within 40-minute window of call, based >_ 90% on dispatch estimate ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... B. Average Wait -Time (elapsed 40 min. time between an 40 minutes immediate service request and passenger pick-up) ................................................. C. - ................................... -................................ .......................... ......................................................... ........................... ............................................................ ........................................................ ....................................... Average Service Time (wait -time plus ride time although -........................ ............................................................................. <_ 60 minutes may be longer for service to/from outlying areas) ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... D. CITY DAR Productivity (passengers per hour) >_ 2.5 pass. per hour Fixed -Route Services ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... A. On -Time Performance (zero minutes early and up to five 95% minutes after the scheduled arrival time) B. Scheduled Hours of Operation (completion of scheduled 0 99.5 /o service hours) Overall System ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... A. Customer Complaints (verifiable complaints, 3 monthly not 3 monthly including questions or comments ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... B. Average Time Hold (Reservation Line) 60 seconds R. Performance Standards and Liquidated Damages The CONTRACTOR shall always strive to provide a service in a manner that will maximize service reliability and at the same time maximize customer service. This includes maintaining a high trip completion level and operating within the specified arrival and departure times. To encourage this, a liquidated damage clause will be included in executed Agreement and may be instituted by the CITY with written notice to be provided to the CONTRACTOR in advance of implementing liquidated damage clauses. The anticipated language follows: Anticipated Contract Language Related to Performance Standards: CONTRACTOR shall provide timely and reliable transit service. This includes maintaining high trip completion levels and operating within the specified arrival and departure times. To encourage this, the liquidated damage described below may be instituted by CITY. Implementation of liquidated damage clauses may be further delayed at the sole discretion of CITY and may not be initiated during the first twelve (12) months of operation, at any time during the term of this Agreement, again at the sole discretion of CITY. Determination of liquidated damage shall be made utilizing sampling methods mutually agreed to by CITY and CONTRACTOR. The following liquidated damage clauses shall apply: 1. Completion of scheduled service hours at 99.5% is the minimum level of acceptability. The CONTRACTOR shall pay to the CITY as liquidated damages the amount of Two Hundred Fifty Dollars ($250) for each separate day of service not meeting that level, with a maximum of $1,000 monthly. 2. On -time performance of 95% of sampled runs per month is the minimum level of acceptability. The CONTRACTOR shall be assessed by the CITY the amount of Two Hundred and Fifty Dollars ($250) per month if sampled trips reflect on time performance below 90%. 3. Liquidated damages — Customer complaints that are verified to have a basis in fact, arise from CONTRACTOR'S performance, received by the CITY within 48 hours of the incident, and meet or exceed a rate of three (3) during any calendar month may result in a liquidated damages assessment of Two Hundred and Fifty Dollars ($250) for that month. 4. The parties hereto acknowledge and agree that the actual damages which would be suffered by the CITY in the event CONTRACTOR acts or fails to act in the manner set forth would result in substantial damages to the CITY but the amount of such damages would be difficult, if not impossible, to ascertain due to the nature of this Agreement and the nature of such damages. Accordingly, the parties, pursuant to applicable law, have determined to establish the provision of this Section as and for CITY's damages for such acts or failures to act, and not as a penalty, and further agree that such damages are reasonable. Each of the parties hereto specifically acknowledges agreement to the reasonableness thereof under the circumstances. CITY shall be entitled to take such other legal remedies as may be appropriate for such acts or failures to act, including but not limited to termination of this Agreement. Related to measurement of performance, the CONTRACTOR and the CITY shall develop a mutually agreeable method for sampling on -time performance; it is anticipated that the CONTRACTOR shall be responsible for trip sampling presented in its monthly report and that CITY shall undertake its own on -time performance checks. S. Ongoing Planning and Marketing The CONTRACTOR shall participate with the CITY in the design and implementation of any reasonable changes in the system's operating characteristics. Also, recognizing the CONTRACTOR's expertise, the CONTRACTOR shall advise the CITY of any observations that suggest modifications to the service may be warranted — in such areas as routing, scheduling, marketing and so forth — for purposes of improving the transit service. Implementing the CONTRACTOR's suggestions shall be at CITY discretion. CITY shall be responsible for the design, passes, tickets and like materials required assist with distribution and dissemination printing, and procurement of all schedules, by service operations. CONTRACTOR shall of such materials in accordance with the provision of this Scope of Work and under directions subsequently provided by the CITY. CITY is exploring electronic fare media and may, during the term of this agreement, elect to install electronic fare payment equipment, at CITY's expense. T. Receipt of New Vehicles and at Contract End The CONTRACTOR shall acknowledge receipt of the vehicles and equipment, as well as vehicles subsequently added to the fleet, and that said items have been received in good condition and working order. The CITY will inspect the vehicles prior to award of contract and periodically during the contract term. When new vehicles are received by CITY, CONTRACTOR shall assist CITY and may, if directed, act as agent of CITY in new vehicle inspections, prior to approving vehicles for placement into service. Upon termination of the contract, the CONTRACTOR shall return all CITY or County owned equipment, with no deferred maintenance or damage, less reasonable wear and tear. The CONTRACTOR shall, at its sole expense, repair or replace any CITY or County owned equipment which may be damaged or lost by reason of collision, negligence, abuse, vandalism, or other like cause. The CONTRACTOR shall bear the cost of any identified repairs which have not been completed prior to the end of the contract period. Said costs shall be deducted from the CONTRACTOR's final payment. However, in no event shall the CONTRACTOR's liability exceed actual cash value of vehicle(s) and equipment so damaged. If and when the CITY determines that it will replace an existing transit vehicle(s), CONTRACTOR shall meet with the CITY to determine what reduction in compensation if any will be credited to the CITY in recognition of reduced maintenance costs typically associated with newer vehicles. TRANSIT SERVICES AGREEMENT Exhibit B — Schedule of Compensation Type of Service Annual Revenue Service Hours First Year Revenue Service Hourly Rate Fixed Route 15,966 $84.40 Dial -a -Ride 4,004 $84.40 Total Hours 19,976 $1,685,974.40 The revenue service hour rates shown above are to be retroactively applied to the prior rate without fuel for each revenue service hour operated as of December 1, 2023, regardless of actual charges that may have been applied with fuel costs during that period and remain in effect through December 31, 2024. Revenue service hour rates will be adjusted based on Consumer Price Index (CPI) for all urban consumers in Los Angeles -Riverside -Orange County on January 1, 2025. This increase will be at a minimum of three (3) percent and maximum of five (5) percent. TRANSIT SERVICES AGREEMENT Exhibit C — Schedule of Performance 1. Description of Service Modes: A. Fixed Route Services: The Fixed -Route service consists of four (4) buses and two (2) trolleys. It includes one route called the "Teal Line" and buses run in a clockwise manner through the city. The other route is called the "Pumpkin Line" with buses running counterclockwise to the Teal Line. The trolleys run on North and South bound routes that provide "Express Service" between Baldwin Park's Metrolink Station and the CITY's south business district. B. Demand Service (Dial-A-Ride):The Dial -A -Ride service is an ADA accessible program serving riders within the limits of the City of Baldwin Park. This service is intended to provide transportation for senior citizens aged 60 and over as well as persons with disabilities, by group load or Individual service. Currently there is a 40- minute response time allowance with the average response being approximately 20 minutes. Door-to-door service is provided. Trip requests are made in advance or on the day the individual wishes to travel. Advanced reservations (taken up to two weeks in advance) and subscription/standing order trips account for less than 10% of the ridership. Services are predominantly next -day or same -day reservations. Riders typically request service at the time they are ready for transport. Priority is given to ID patrons with medical and rehabilitation appointments. Regular patrons are encouraged to apply for and obtain a City issued Dial -A -Ride card so that it may be shown to the driver when the individual's disabling condition is not immediately apparent. 2. Hours and Days of Operation • Fixed -route service will be provided on the designated routes during the week, approximately 249 weekdays per year and 107 weekends and holidays per year, depending upon when certain holidays fall. Vehicles are expected to be in revenue service according to the City's published timetables. These services will not run on Holidays observed listed below. • Demand response (Dial -A -Ride) services will operate between the hours of 7 AM and 6 PM seven days a week, including all holidays. 3. When there is a possibility of the same holiday being celebrated on more than one date, City shall set the date. The Holidays observed are: • New Year's Day • Presidents Day • Martin Luther King's Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • Christmas Eve • Christmas Day 4. Revenue Service Hours — For the purposes of this agreement, annual revenue service hours are projected to be 19,970. Contract No. 24TO1002 2024 CNG REFUELING AGREEMENT (Engagement: Refueling Station Location: Cypress Avenue Fueling Center — 3629 Cypress Avenue, El Monte, CA) (Parties: City of Baldwin Park and City of El Monte) THIS CNG REFUELING AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 (hereinafter, the "Effective Date") by and between the CITY OF EL MONTE, a municipal corporation (hereinafter, "CITY") and the CITY OF BALDWIN PARK (hereinafter, "PURCHASER"). For the purposes of this Agreement, CITY and PURCHASER may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or PURCHASER interchangeably, as appropriate. RECITALS WHEREAS, CITY owns and operates a compressed gas natural ("CNG") refueling center located at 3629 Cypress Avenue, in the City of El Monte ("Refueling Station"); and WHEREAS, on February 21, 2023, the City of El Monte City Council approved Resolution No. 10426, enabling the Public Works Director to execute agreements for the sale of CNG to private entities, municipalities, and other public agencies; and WHEREAS, Resolution No. 10426 gives the Public Works Director the discretion, as part of negotiating and executing said agreements, to formulate and adjust fueling schedules and adjust CNG fuel rates, provided that any such adjustment does not amount to the gifting of public resources; and WHEREAS, Resolution No. 10426 further enables the Public Works Director to delegate the above -described authority to the Transportation Operations Manager, said delegation to be in writing, specifying the scope and duration of such delegation; and WHEREAS, CITY seeks to make its CNG available to interested purchasers to promote the use of clean burning fuel vehicles; and WHEREAS, PURCHASER desires to purchase CNG from CITY's Refueling Station on an on -going basis. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and PURCHASER agree as follows: Contract No. 24TO1002 1. ENGAGEMENT TERMS 1. TERM: This Agreement shall have a term of one (1) year commencing as of the date that the Agreement was executed by all the Parties hereto (hereinafter, the "Initial Term"). The Agreement may be extended by CITY subject to its same terms and conditions for one (1) extension term of one (1) year, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the Initial Term. 2. SCOPE OF SERVICES: A. CITY will allow PURCHASER to refuel its compressed natural gas vehicles at the Refueling Station during those days and hours indicated in the Refueling Schedule, which is attached hereto and incorporated herein as Exhibit "A". B. Each fuel dispenser at the Refueling Station shall have a corresponding logbook for recording the refueling of PURCHASER's vehicles. PURCHASER's vehicle operators shall record the quantity for each compressed natural gas purchase in the logbook as well as such other information as may be required to complete the log entry. C. PURCHASER acknowledges, understands, and agrees that CITY's provision of compressed natural gas shall be subject to its availability and with priority of use in favor of the CITY's own vehicle fleet. By execution of this Agreement, CITY does not guarantee any minimum allocation of compressed natural gas to PURCHASER, nor shall CITY be required to pay any additional costs incurred by PURCHASER in procuring compressed natural gas from an alternative source in the event CITY is unable to provide compressed natural gas to PURCHASER in the quantities desired by PURCHASER. D. This Agreement is non-exclusive, and CITY reserves the right to enter into similar agreements for the purchase of compressed natural gas with other persons or entities. E. Those vehicles of PURCHASER, a list of which is to be supplied and included as part of Exhibit "A", are authorized to refuel at the Refueling Station and shall indicate the following information on the inside door of the vehicle: the vehicle's fueling capacity and p.s.i. ("Pounds Per Square Inch") rating, which shall be either 3000 p.s.i. or 3600 p.s.i. F. It shall be PURCHASER's responsibility to determine whether the type of fuel provided by CITY at the fueling station is suitable for PURCHASER's vehicles and whether CITY's fuel dispensing equipment is compatible with PURCHASER's vehicles. CITY shall not be liable or otherwise responsible for any damages caused to PURCHASER's vehicles by the fuel it provides, nor shall CITY be liable or otherwise responsible to the extent any damage s Contract No. 24TO1002 to PURCHASER's vehicles is attributable to the incompatibilities between PURCHASER's vehicles and CITY's fuel dispensing equipment. Upon request, CITY shall provide PURCHASER with basic information about the type of fuel supplied and the general specifications of CITY's fuel dispensing equipment. 3. COMPENSATION: A. CITY agrees to sell compressed natural gas dispensed to PURCHASER at CITY's Refueling Station at an initial rate of Two Dollars and Ninety -Nine Cents ($2.99) per gasoline gallon equivalent (hereinafter, the "Fuel Rate"). Following the end of each month CITY shall issue an invoice detailing the quantity of compressed natural gas dispensed to PURCHASER during the month in gasoline gallon equivalents along with the sums owed for such consumption. PURCHASER shall pay all sums due under the invoice within thirty (30) days from the date of the invoice. B. CITY, in its sole and absolute discretion, reserves the right (but does not assume the obligation) to adjust the Fuel Rate from time to time to reflect increases or decreases in the cost to CITY of acquiring compressed natural gas and operating the Refueling Station. CITY shall use its best efforts to provide Purchaser with prior written notice of any anticipated adjustments to the Fuel Rate but the failure of CITY to provide such notice shall not operate to prohibit the implementation of any such adjustment by CITY. 4. INSURANCE: A. Commercial General Liability Insurance: PURCHASER will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability. B. Automobile Liability Insurance: PURCHASER will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage. C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both PURCHASER and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contract No. 24T01002 PURCHASER in the course of carrying out the Work contemplated in this Agreement. D. REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition of the Standard & Poor's rating guide. As to Workers' Compensation Insurance/Employer's Liability Insurance, CITY is authorized to lower ratings than those set forth in this Section. E. PRIMACY OF PURCHASER'S INSURANCE: All policies of insurance provided by PURCHASER will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of PURCHASER's insurance and will not contribute with it. F. WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit PURCHASER from waiving the right of subrogation prior to a loss. PURCHASER hereby waives all rights of subrogation against CITY. 5. INDEMNIFICATION: The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. PURCHASER acknowledges that CITY would not enter into this Agreement in the absence of PURCHASER's commitment to indemnify, defend and protect CITY as set forth herein. 6. TERMINATION FOR CONVENIENCE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. 7. DEFAULT; SUSPENSION: In the event either Party fails to perform, or adhere to, any applicable duty, obligation set forth under this Agreement (or fails to perform or adhere to any such duty or obligation at the time, place or in the manner set forth under this Agreement) an event of default (hereinafter, "Event of Default") shall have occurred. Except as otherwise provided under this Agreement, if an 4 Contract No. 24TO1002 Event of Default remains uncured by the defaulting Party for a period in excess of fourteen (14) calendar days from the date upon which the non -defaulting Party issues written notice of default (hereinafter, a "Default Notice") to the defaulting Party, then the default shall constitute a breach of this Agreement. If a Party is in breach of this Agreement, the non -breaching Party may pursue any and all remedies available to it at law or in equity. An Event of Default relating to the Purchaser's failure to timely pay any sums due pursuant to Section 3, above, shall constitute a breach of this Agreement if not paid within the 30-day payment period provided under Section 3, above. If PURCHASER is in breach of this Agreement or if PURCHASER has caused an Event of Default which in the reasonable judgment of CITY threatens injury or death to persons or property, CITY may immediately suspend PURCHASER's authorization to refuel its vehicles at the Refueling Station. CITY's authority to suspend PURCHASER's fueling privileges under this Section shall be in addition to any other remedies available to CITY under this Agreement or at law or in equity. 8. NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose: PURCHASER: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: Enrique C. Zaldivar, City Manager CITY: City of El Monte Transportation Services Division 3990 Arden Drive El Monte, CA 91731-2798 Attn: Sarah Zadok Phone: (626) 580-2217 Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepared and addressed to the Party at its applicable address. 9. GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California. 10. ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action. 11. SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the 5 Contract No. 24T01002 successors and assigns of the Parties. 12. NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties. 13. CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys. 14. SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. 15. AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid. 16. ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and PURCHASER prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 15, above. 17. COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 15, above. One fully executed original counterpart will be delivered to PURCHASER and the remaining two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE) Contract No. 24T01002 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above. CITY: CITY OF EL MONTE Public Works Director or Transportation Operations Manager Date: in :19IN 4 O7_[+'� 04111I791:7 ►Ti Richard Padilla Assistant City Attorney PURCHASER: CITY OF BALDWIN PARK EM Enrique C. Zaldivar Chief Executive Officer Date: APPROVED AS TO FORM: In Marco A. Martinez City Attorney Date: Date: 7 Contract No. 24TO1002 EXHIBIT "A" REFUELING SCHEDULE The below noted compressed natural gas (CNG) vehicles shall be fueled at El Monte's Refueling Center located at 3629 Cypress Avenue, El Monte, CA, at the below mutually agreed upon times: Monday through Friday: 8:00 a.m. — 7:00 p.m. Saturday: 10:00 a.m. — 7:00 p.m. El Monte will provide the City of Baldwin Park's management staff a gate clicker to allow access into the City's CNG Refueling Station. We understand that fueling emergencies may arise and fueling time adjustments may need to be made, but agencies are to contact the Transportation Services Division office at (626) 580-2217 for authorization prior to bringing a vehicle to the station outside of above -referenced days and times. If you are unable to speak with a City employee before or after regular office hours, please contact James Gonzalez at (909) 443-9208. VEHICLES AUTHORIZED TO FUEL AT EL MONTE REFUELING STATION: i IVIVVVVV�VVVVVIYVVVVVVVVVVVVV Yllli� �"'"' I V"' Ills 'III 'lliilf ' Yi�yiYylr � I����I"YP �I��i lill�Ipiu uiYi • • 2 jLia-6,1617-IN Transit and I I im-'tt ff�m 1 etl 4 rt I tzi R1 ZIP In the City of El Monte, County of Los Angeles State of California October 7, 2021 ALMA K. MARTINEZ CITY MANAGER SALVADOR MENDEZ DIRECTOR OF PUBLIC WORKS AND UTILITIES SARAH ZADOK TRANSPORTATION OPERATIONS MANAGER City of El Monte Request for Proposals (RFP) October 7, 2021 Transit and Paratransit Operations — 2022 Submittal: To be accepted and considered, proposals shall be submitted in three-ring binders and contain one (1) unbound original, four (4) copies, and one PDF copy on a flash drive of the completed proposal which must be enclosed in a sealed package and addressed as stated on the cover sheet. The outside of the submittal package must be clearly marked: "PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE AND PARATRANSIT SERVICES CONTRACT 2022" Proposals must be received no later than 4:00 PM, PT on Tuesday, November 23, 2021. Proposals received after this deadline will not be considered. Addressed to: City Clerk City of El Monte 11333 Valley Blvd. El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager A non -mandatory virtual pre -proposal meeting will take place at 1:30 PM Pacific Time, Thursday October 28, 2021. The meeting will be held online using Microsoft Teams. Log -in credentials for the MS Teams meeting will be posted on PlanetBids. Bidders are strongly encouraged to participate in the pre -proposal meeting. Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM (PT) on Monday, November 1, 2021 via PlanetBids. In PlanetBids - Select Ask Question. You may be prompted to log in if you have not already done so. Enter your first question and select Done. You may ask as many questions as necessary by selecting Add. You can edit or delete questions in your list. Once you have asked all your questions select Submit. Responses to any inquiries will be issued with an Addendum posted on PlanetBids no later than 5:00 PM, Tuesday, November 9, 2021. Submittal of Proposals: Please submit one original and four (4) copies and one PDF copy on a flash drive of the completed proposal. Proposals are not to exceed 75 pages in length (double -sided page to count as two pages) excluding resumes, the required Forms and Appendices to be returned with the Proposal. Further, the audited financial City of El Monte — Transit and Paratransit Operations - RFP statement, driver training manual, and safety manual will not be counted towards the 75- page limit. Please use recycled paper and print on both sides, when possible. All proposals must be sealed in a package showing the following information on the outside: Addressed to: City Clerk City of El Monte City Hall East 11333 Valley Boulevard El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager Proposer's name, address, fax number, phone number and email address. "Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022" and proposal due date. The proposal package must be mailed or delivered to the above address prior to the closing date and time for receipt of proposals. Proposers mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted. Submission of a proposal shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto. The City of El Monte is an equal opportunity employer. Qualified firms owned by women, minorities and disabled persons are encouraged to submit a proposal. (Important: Email and faxed proposals will NOT be accepted, and submissions of this sort will be disqualified from the competitive process.) The tentative schedule and description of events for this process is [All times are Pacific Time]: City of El Monte — Transit and Paratransit Operations - RFP 2 of 77 Event Date 1. RFP Issued October 7, 2021 2. Non -Mandatory Virtual/Online Pre -Proposal Conference 1:30 PM, Thursday, October 28, 2021 3. Deadline for submitting written questions 2:00 PM, Monday, November 1, 2021 4. Response/Issuance of Addendum 5:00 PM, Tuesday, November 9, 2021 5. Proposals Due [Note: Non-public opening.] 4:00 PM, Tuesday, November 23, 2021 6. Interviews (if necessary) TBD 7. Date for recommendation to City Council for award TBD (01/18/22 or 02/01/22) 8. Contract Begins July 1, 2022 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT All responses to this Request for Proposal (RFP) accepted by the City of El Monte (City) shall become the exclusive property of the City. At such time as the Transportation Operations Manager recommends a contractor to the City Council, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. City of El Monte — Transit and Paratransit Operations - RFP 3 of 77 REQUEST FOR PROPOSALS (RFP) EL MONTE TRANSIT AND PARATRANSIT OPERATIONS TABLE OF CONTENTS I. Description of the Project 7 A. Background 8 B. Scope of Services 10 C. Penalties/Liquidated Damages 39 II. Instructions, Conditions and Notices to Proposers 45 A. General Administrative Information 45 B. Proposals 47 C. Submittals 51 D. Non -Mandatory Pre -Proposal Conference & Questions 53 E. Closing Date 53 F. Selection Process 54 G. Proposal Protest Procedures 56 H. Draft Agreement 58 I. Vehicle Lease Terms 58 J. Federal Funding Requirements 60 K. Compliance with Laws and Requirements 61 III. Requirements and Required Qualifications of Proposers 62 A. Experience 62 B. Organization 62 C. Resource Allocation 62 D. Staffing 63 E. Hiring and Personnel Policies 63 F. Accounting and Reporting 63 G. Financial Responsibility 64 H. Reservations & Dispatch Function 64 I. Equipment 64 J. Maintenance, Storage and Refueling of Vehicles 65 K. Maintenance Program 65 L. Safety Program 65 M. Screening and Selection Program 65 N. Training and Retraining Program 65 O. Data Collection 66 City of El Monte — Transit and Paratransit Operations - RFP 4 of 77 P. Innovation and Route Reconfiguration 66 Q. Implementation/Transition Plan and Time Schedule 66 IV. Contractor Duties and Responsibilities: Maintenance 67 A. Maintenance — General 67 B. Maintenance and Operations Facility 67 C. Maintenance Management and Personnel 68 D. Preventive Maintenance 69 E. General Maintenance Policies 69 F. Daily Vehicle Servicing 70 G. Daily Driver's Inspections 70 H. Vehicle Cleaning 71 I. Fuel 71 J. Vehicle Towing 72 K. Emission Control Programs 72 L. Maintenance Evaluations 72 M. Out -of -Service Designation 72 N. Maintenance Records and Reports 73 O. Vehicle Maintenance Recordkeeping 75 P. Environmental Compliance 75 Q. ADA Compliance 76 EXHIBITS A. Route Maps and Time Schedules B. Dial -A -Ride Program Handout C. Dial -A -Ride Service Area Map D. Out-of-town Trip Generators E. "Transit Operator's Notice" of Reasonable Modifications/Accommodation Requirements for Fixed Route Transit F. City -Owned Vehicle List G. Sample — City Master Agreement H. Fixed Route Driver Trip Sheets and Data Spreadsheets 1. Dial -A -Ride Driver Trip Sheets and Data Spreadsheets J. Department of Labor Letter of August 10, 2012 K. City's "Reasonable Modification/Accommodation Requirements" L. Unusual Incident Report City of El Monte — Transit and Paratransit Operations - RFP 5 of 77 FORMS 1. 1 A through 1 D (and Optional Form 1 E) Cost Proposal for Fixed Route Transit and Cost Proposal for Dial -A -Ride 2. Proposal Letter/Certificate of Acceptance 3. Proposal Check Sheet 4. Performance Bond 5. Certification Regarding Lobbying 6. False Claims/False Claims Act Certification 7. Civil Litigation History/Civil Litigation Certification 8. State of California Drug Free Workplace Certification 9. Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters 10. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members APPENDIX 1. RC — DBE Instructions 2. Federal Contract Clauses 3. Compliance with Laws and Requirements City of El Monte — Transit and Paratransit Operations - RFP 6 of 77 REQUEST FOR PROPOSALS (RFP) EL MONTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 I. DESCRIPTION OF THE PROJECT The City of El Monte (hereafter referred to as "the City") is soliciting proposals from qualified firms to provide transportation services as outlined in Part I. Section B, Scope of Services. All proposals shall be for the complete management, maintenance and the operation of Fixed Route Transit (FRT) and Paratransit/Dial-A-Ride (DAR) services. The City reserves the right to award separate contracts for the operation of fixed route transit services and Dial -A -Ride services. This Request for Proposal (hereby referred to as "RFP") is soliciting separate cost proposals for fixed route transit and paratransit/Dial-A-Ride services for a period of five (5) years, with three (3) one-year options to extend (hereinafter "Term" or "Agreement Term"). Proposers may respond to this RFP either one of the following two ways: • Proposals submitted by one Proposer to provide fixed route transit and/or paratransit services within their company; or • Proposals submitted by partnerships between multiple Proposers to jointly provide the fixed route transit and paratransit services. Under this scenario, there will be only one prime Contractor with Subcontractor(s) providing a portion of the work. City of El Monte — Transit and Paratransit Operations - RFP 7 of 77 With a population of approximately 116,000 residents, the City of El Monte is the tenth largest city in Los Angeles County. The City, which lies between two major freeways (I- 60 and 1-10), is located in the San Gabriel Valley, east of Los Angeles. The City of El Monte began providing local transit services Monday — Saturday in 1988 and paratransit services Monday — Sunday in 1989. Sunday fixed route transit was provided in December 2014, with funds initially provided through FTA's JARC Grant. These programs are currently funded with Prop A Local Return funds. FIXED ROUTE SERVICE DESCRIPTION In December 1988, El Monte Transit, formerly known as the "El Monte Trolley Company," began Monday — Saturday fixed route transit operations with four routes. Significant growth led to the introduction of an additional route in November 1990 for a total of five routes (Red, Blue, Yellow, Green and Orange) serving the City, shown in Exhibit A. Over 376,350 passengers were transported in fiscal year 18-19, with 21,400 revenue hours. Seven (7), 32' compressed natural gas transit buses are used to meet contracted transit needs. RED ROUTE The Red Route has been in operation since 1988. The Red Route operates in a clockwise loop through the northwest portions of El Monte. Its major trip generators include office buildings along Valley Boulevard, shopping centers along Lower Azusa Avenue, Arroyo High School, Lambert Park, Metro Bus Station and several elementary schools along the route before returning to the El Monte Trolley Station (7.7 miles per loop). BLUE ROUTE The Blue Route has been in operation since 1988. The Blue Route operates in a clockwise loop through the northeast portions of El Monte. Its major trip generators include the businesses and shopping centers along Peck Road, several elementary schools and Zamora Park before returning to the El Monte Trolley Station (8.0 miles per loop). YELLOW ROUTE The Yellow Route has been in operation since 1988. The Yellow Route operates in a counterclockwise loop through the southeast portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard; El Monte's Aquatic, Community and Senior Centers; Five Points Shopping Center; El Monte High School; Mountain View High School; Mt. View Park; Arceo Park and several elementary City of El Monte — Transit and Paratransit Operations - RFP 8 of 77 schools along the route before returning to the El Monte Trolley Station (6.5 miles per loop). GREEN ROUTE The Green Route has been in operation since 1988. The Green Route operates in a clockwise loop through the southwest portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard and Garvey Avenue, Five Points Shopping Center, Fletcher Park, Metro Bus Station and several elementary schools along the route before returning to the El Monte Trolley Station (5.8 miles per loop). In response to heavy transit demand in the southeast portion of the City, the Orange Route began operations in November 1990. The Orange Route operates in a clockwise loop through the southeast portions of El Monte. Its major trip generators include government and office buildings along Valley Boulevard, Mountain View High School, El Monte High School; El Monte's Aquatic, Community and Senior Citizen Centers; Arceo Park and several elementary schools along the route before returning to the El Monte Trolley Station (6.7 miles per loop). DIAL -A -RIDE (DAR) PARATRANSIT SERVICE DESCRIPTION The City of El Monte has operated a paratransit Dial -A -Ride service since 1989. El Monte's Dial -A -Ride is currently a demand -response system serving the residents of the City of El Monte with curb -to -curb transportation service. Service is available to El Monte residents who are at least 55 years of age or disabled residents of any age. The City maintains a client database of approximately 4,685 DAR registrants. In fiscal year 18-19, 20,278 DAR passengers were transported, with 9,042 paid revenue hours. Five (5) wheelchair accessible vans and one (1) small paratransit bus are used to meet program needs. Exhibit B is the City's "Dial -A -Ride Transportation" Program handout. Qualified El Monte residents may use DAR to travel anywhere within the City of El Monte, and up to five (5) miles out of the City for medical appointments. A map of the service area is shown in Exhibit C. The majority of El Monte DAR trip generators are for healthcare. A detailed list of some out-of-town trip generators is provided in Exhibit D. MAINTENANCE AND FUELING FACILITIES Fixed Route Transit: City of El Monte — Transit and Paratransit Operations - RFP 9 of 77 El Monte Transit buses are owned by the City of El Monte. All vehicles are operated and maintained at the current Contractor's operations facility. The City provides CNG fuel for all City -owned buses, with fuel dispensed from El Monte's CNG refueling station located at 3629 Cypress Avenue in El Monte. Dial -A -Ride Program: The Dial -A -Ride vehicles are owned by the City of El Monte. All vehicles are operated and maintained at the current Contractor's operations facility. Contractor provides fuel for all vehicles. B. SCOPE OF SERVICES The City is soliciting proposals for fixed route transit services and paratransit services for a Contract Services Agreement (hereinafter "Agreement" or "Contract") for a term of five (5) years, with three (3) one-year options to extend. The Agreement will become effective immediately upon execution by all parties (hereinafter "Effective Date"). Contractor shall begin operation services beginning on July 1, 2022 (hereinafter "Operations Date"). Starting on the first day of the Agreement Term, the Contractor shall provide safe, efficient and economical bus service according to the fixed route maps and schedules published and approved by the City. The Contractor shall also provide safe, efficient and economical paratransit Dial -A -Ride service for El Monte's elderly and disabled passengers. As an integral part of providing both fixed route and paratransit services, the Contractor shall: • Comply with all service standards and provisions outlined in the RFP; • Take steps necessary to ensure the safety and reasonable comfort and convenience of the public utilizing these services; • Charge only such fares as may be directed by the City; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to collection, security for disposition of fares and any other service revenues; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to matters such as passes, tickets, coupons, tokens, transfers, transfer systems, interconnections between different modes of transportation and interconnections between different transportation agencies; • Comply with all policies, practices, procedures, terms and conditions required by City of El Monte — Transit and Paratransit Operations - RFP 10 of 77 use of Federal, State, and other funds; • Comply with all policies, practices, procedures, terms and conditions as may be directed by the City with regard to the availability and distribution of schedules and other printed material for such service and related transportation services, including distribution of such schedules and materials on vehicles providing services under the Agreement; • Conduct such services, and its business and operations as they relate to such services, in a safe, sound, economical, efficient, and customer -friendly manner; • Comply with all City efforts to improve efficiency; and • Comply with all applicable provisions of Federal, State and local laws and regulations including, but not limited to, the following: 49 Code of Federal Regulations (C.F.R.) Parts 27, 37, and 38; 49 C.F.R. Part 609; 28 C.F.R. Parts 35 and 36; and 41 C.F.R. Part 101-19; 49 U.S. C 5333 (b) Transit Employee Protection FIXED ROUTE OPERATIONS The Contractor shall provide all facilities, equipment, supplies, services and personnel necessary to operate El Monte transit services unless specifically identified in this document. Rr prli ilac The fixed route transit service operates per printed schedule provided by the City. Schedules are printed with departure times at "time points" along the route. Schedules are attached as Exhibit A. Additional Stops Additional transit stops along each route are made at Metro and Foothill bus stops and at nearside corners of controlled intersections. Service Holidays Fixed route services do not operate on the following holidays: ■ New Year's Day (first day of January) ■ Presidents' Day (February) ■ Easter Sunday ■ Memorial Day (last Monday in May) ■ Independence Day (fourth day of July) ■ Labor Day (first Monday in September) ■ Thanksgiving Day (fourth Thursday in November) City of El Monte — Transit and Paratransit Operations - RFP 11 of 77 ■ Christmas Day (twenty-fifth day of December) * Service will end at 5:30 p.m. on Christmas Eve and New Year's Eve uired Driver Services (Fixed Route Transit In addition to operating the vehicle and performing a pre -trip inspection of the vehicle prior to operation, including cycling of the wheelchair ramp, fixed route drivers are required to perform the following functions: • Operate wheelchair lift and secure wheelchair passengers; • Accurately input and maintain detailed passenger and trip information using daily run/trip sheets (Exhibit H). Failure to maintain accurate daily trip sheets and reports will result in penalties/liquidated damages to the Contractor; • Provide accurate completed daily run/trip sheets to the Contractor's Fixed Route Operations Manager, who will review and make any needed corrections to the driver's data input (fuel and mileage odometer readings, etc.). The Manager must sign each form, verifying the information is accurate. The Manager must correctly total the number of passengers by payment method and include a signature verifying the accuracy of the information on the forms, prior to submitting the information to City staff. Failure to provide accurate information to the City (no more than a 5% error rate) will result in penalties/liquidated damages to the Contractor; • Change destination sign information as needed; • Collect fares; • Clearly call out bus stops (which are time points, major cross streets or at El Monte Transit/Metro/Foothill transfer points) upon approach, per the City's "Transit Operator Notice" of "Reasonable Modification/ Accommodation Requirements for Fixed Route Services," Exhibit E; • When one or more individuals are standing at a designated City bus stop that also serves other transit agencies (Metro and/or Foothill Transit), a driver is required to stop, open doors and call out the stop location and route — Passengers are not required to flag the driver down per Exhibit E; • When one or more individuals are standing at a City bus stop, drivers are to stop and announce the stop location and route — Passengers are not required to flag the driver down; • Submit "Unusual Incident Reports" to City after out -of -ordinary incidents arise during the service; • Hand out and collect on -board passenger surveys; • Hand out service notifications and promotional gifts; City of El Monte — Transit and Paratransit Operations - RFP 12 of 77 • Fill schedule holders daily before pullout; and • Other data collection as necessary. Current Service Statistics Contractors are requested to submit proposals to operate El Monte's Fixed Route Transit Program for five (5) years. The City of El Monte seeks to improve on the fixed route transit service delivery. Table 1 shows the Fixed Route Transit Operating Statistics for the last three (3) years. TABLE 1: Fixed Route Operating Statistics FIXED ROUTE FY 18-19 FY 19-20 FY20-21 TRANSIT Actual Vehicle 178,388 175,564 181,003 Revenue Miles Vehicle Revenue 21,266 21,326 21,307 Hours Total Miles 184,443 184,893 187,378 Total Trips 25,940 26,045 26,010 Total Passengers 376,359 297,821 143,568 Operating Expense $962,628 $1,048,172 $1,143,185 Farebox Return $146,800 $114,929 $56,367 Table 1: Fixed Route Transit Operating Statistics (Totals may be rounded) Adiustments/Variance in Vehicle Service Hours and/or Service The City may elect, at its discretion, to modify or change the service criteria. Modifications may include, but are not limited to: • Adding or deleting service area or routes • Increasing, decreasing, or changing operating hours • Expanding or decreasing service hours. If the number of Vehicle Revenue Hours (VRH) varies by more than 25%, the City and Contractor will renegotiate the VRH rate for that contract year. Only the marginal costs (driver wages and vehicle maintenance) will be renegotiated. Charter Service Contractor may, from time to time, be requested to provide special transportation service in addition to those described in this RFP. The Contractor shall provide this service under the same terms and conditions of the contract, unless agreed to otherwise. The City of El Monte — Transit and Paratransit Operations - RFP 13 of 77 Contractor will not be allowed to use any vehicles for charter service, unless directed to do so by the City. Examples of the City's possible approved charter services are: • Transporting residents or employees during emergencies • City of El Monte sponsored events Emergency Operations The El Monte Transit vehicles may be called upon to provide emergency transportation during City emergencies. The Contractor shall provide the City with the following: • A lockbox located at the Contractor's site, with keys (if applicable) to all City -owned vehicles; • Keys and alarm codes to access the Contractor's facilities, key lockbox, and vehicles (if applicable); • All vehicles will be fueled and ready for service; each vehicle must have a full tank prior to morning service, with the exception of out -of -service vehicles displaying red tags/signage placed on the steering wheel; • An up-to-date list of all local drivers' names and phone numbers to be called into service if needed, at any time day or night, within a 60-minute window; • A current list to the City of cell and home phone numbers for key staff; and • Vehicles deployed in a manner described by the City of El Monte. The City will pay each driver who provides emergency transportation service a minimum of four hours -worth of work. City -Owned Vehicles The City of El Monte will furnish City -owned vehicles as specified in Exhibit F. Contractor shall use and operate all City equipment only in accordance with the terms and provisions of the RFP, all applicable Federal, State and local laws and regulations, and solely for the purpose of providing transportation services and other services on behalf of the City. Title to the vehicles and equipment are registered in the name of the City, and at all times remain the sole property of the City of El Monte. Contractor shall not permit any of the vehicles to become subject to any lien, charge or encumbrance. The City shall retain duplicate sets of keys for all vehicles (if applicable). In the event of an after-hours emergency, the City shall have access to all City -owned transit vehicles located at the Contractor's facilities. The Contractor shall require that due care is taken in operating and maintaining City vehicles to ensure that the effective vehicle life and road performance is maximized. City of El Monte — Transit and Paratransit Operations - RFP 14 of 77 PARATRANSIT/DIAL-A-RIDE (DAR) OPERATIONS The Contractor shall provide all facilities, vehicles, fuel, equipment, supplies, services and personnel necessary to operate the El Monte Dial -A -Ride service, unless specifically identified in this document. City -owned vehicles will be provided by the City. Hours of Operation Dial -A -Ride service operates IN CITY during the following hours: Monday - Friday: 7:00 a.m. - 6:00 p.m. Saturday: 8:00 a.m. - 4:00 p.m. Sunday: 8:00 a.m. - 4:00 p.m. Last pickups are one-half hour before closing. Dial -A -Ride service operates OUT OF CITY during the following hours: Monday — Friday (only): 8:00 a.m. - 5:00 p.m. Last pickups for out-of-town service is 4:30 p.m. Service Holidays Dial -A -Ride service does not operate on the following holidays: • New Year's Day (first day of January) • Presidents' Day (February) • Easter Sunday • Memorial Day (last Monday in May) • Independence Day (fourth day of July) • Labor Day (first Monday in September) • Thanksgiving Day (fourth Thursday in November) • Christmas Day (twenty-fifth day of December) • Service ends at 5:30 P.M. on Christmas Eve and New Year's Eve (Monday — Friday) Required Driver Services (Paratransit/Dial-A-Ride) In addition to taking the passenger to and from their destination and performing a pre -trip safety inspection of vehicles, Dial -A -Ride drivers are required to perform the following functions: • Help passengers in and out of vehicle • Operate wheelchair lift and secure wheelchair passengers • Collect fares • Carry and store up to five (5) shopping bags into vehicle for each passenger City of El Monte — Transit and Paratransit Operations - RFP 15 of 77 • Input and maintain accurate trip log(s). Failure to maintain accurate daily trip sheets and reports will result in penalties/liquidated damages to the driver and/or Contractor (Exhibit 1) • Submit timely "Unusual Incident Reports" to the City, subsequent to each out - of -ordinary incident occurring while in-service • Hand out service notifications, passenger surveys and promotional gifts • Other data collection as needed Current Service Statistics The City of El Monte seeks to improve on Dial -A -Ride service delivery. Table 2 shows the Dial -A -Ride Operating Statistics for the last three (3) years. TABLE 2: Dial -A -Ride Operating Statistics DIAL -A -RIDE FY 18-19 FY 19-20 FY 20-21 Vehicle Revenue Miles 72,487 61,480 40,998 Vehicle Revenue Hours 9,042 7,057 4,927 Total Miles (Not NTID) 88,977 68,432 46,095 Total Passenger Trips 18,277 16,211 9,469 Total Passengers 20,278 18,128 10,242 Operating Expense $513,039 $470,359 $355,920 Farebox Return $11,310 $10,249 $6,328 Passengers Per VRH 2.24 2.24 2.08 Table 2: Dial -A -Ride Operating Statistics (Totals may be rounded) Adjustments to Service The Dial -A -Ride service may be adjusted throughout the Agreement Term to better serve our clients. The City may elect, at its discretion, to modify or change the service criteria. Modifications may include, but are not limited to: • Adding or deleting service areas • Increasing, decreasing or changing operating hours and/or services offered to residents • Expanding or decreasing service hours If the number of Vehicle Revenue Hours (VRH) varies by more than 25%, the City and Contractor will renegotiate the VRH rate (amount paid to Contractor). Only the marginal City of El Monte — Transit and Paratransit Operations - RFP 16 of 77 costs (driver wages and maintenance) will be taken into consideration when renegotiating the VRH rate. Performance Requirements Passengers per Vehicle Service Hour: • Regardless of how trips are to be provided on the DAR system, the Contractor must meet or exceed the City's standard of 2.25 passengers per vehicle service hour for the first two (2) years and a minimum of 2.5 passengers per vehicle service hour thereafter. Penalties/liquidated damages may be assessed every month if requirement is not met (See Part 1. Section C). Wait -Time Window: • The wait -time window for DAR trips will be from five (5) minutes before the reservation time to 15 minutes after the reservation time (20 minutes). Trips not meeting this window will be deemed as late and penalties/liquidated damages may be assessed if the monthly on -time performance falls below 97%. Registration Database City of El Monte staff handles registration for the DAR system. This includes processing applications and determining eligibility. The City will provide to Contractor a copy of the current database of DAR registrants, which is in a Microsoft Office Access database format. The database includes all information that is included on the DAR registration form and any updates that have been made. The Contractor will be responsible for maintaining the integrity and confidentiality of their database and making a daily backup copy. Trip Reservation and Dispatching Telephone Number • The Contractor will assume financial responsibility for the existing Dial -A -Ride customer service telephone number, which provides local telephone service to residents of El Monte. Reservations and Customer Service • The Contractor will provide trained staff to answer the DAR reservation/customer service phone number during all Dial -A -Ride operating hours. All DAR staff must be able to clearly communicate in English. There must always be a staff member(s) immediately available who is fluent in Spanish. If in-house staff is unable to assist all residents, Contractor shall provide an interpreting service to allow communications with El Monte residents of all languages. All calls must be answered within three (3) City of El Monte — Transit and Paratransit Operations - RFP 17 of 77 rings. Customers shall not be put on hold for longer than three (3) minutes. Penalties/liquidated damages may be assessed if these requirements are not met. Accepting Trip Requests and Scheduling • Registered Dial -A -Ride customers must be allowed to schedule all out-of-town pickup and return trips in advance (from 24 hours up to one week prior to desired trip). Same - day service is demand response. No more than 20% of the trips during any day can be subscription -based service. The City will determine a priority system and guidelines for subscription trips. Dispatch Recordkeeping • Dispatch supervisors will maintain records that enable the Contractor to provide necessary data to the City upon request. This will include but not be limited to: o Total trip request calls o Number of trip denials o Reason for trip denial o Number of trips scheduled o Number of subscription trips scheduled o Trip Information o Customer name and DAR Identification Number o Vehicle used o Trip origin and destination o Scheduled pickup time o Actual pickup time o Actual arrival time (at destination) o Unusual Incidents (Exhibit L) o Other information as requested. Fixed Route Notification Staff must be trained on all the local and regional fixed route transit services/agencies (El Monte Transit, Foothill Transit, Metro, etc.) within the DAR service area. In order to provide options to City residents, Contractor will be required to give transit information phone numbers to DAR registrants who request to make paratransit trips which alternatively could be provided by El Monte Transit, Foothill Transit or Los Angeles Metro fixed route transit services. Staff will offer to mail El Monte Transit schedules to customers who are interested in these services. The Contractor will stock current Transit schedules and will mail schedules within 24 hours of a customer's request. City of El Monte — Transit and Paratransit Operations - RFP 18 of 77 GENERAL SERVICES REQUIREMENTS FOR TRANSIT AND PARATRANSIT Vehicle Fueling All City -owned vehicles provided for transit service will be fueled by the Contractor at the City's CNG refueling station located at 3629 Cypress Avenue in El Monte or at a designated location determined by City Staff. The City vehicles provided for paratransit services must be fueled by the Contractor at the Contractor's expense. Vehicle Maintenance The Contractor is responsible for maintaining and keeping all vehicles used to provide service under this Contract in excellent mechanical condition. Contractor shall ensure that their employees, vehicles, facilities and equipment meet all applicable laws, codes and safety standards as set by Federal, State and local governments. The Contractor, at its sole cost and expense, shall provide lubricants, parts, repairs, paint, supplies, labor, road -call services and all other necessary equipment required for the maintenance and operation of the vehicles and equipment utilized in providing contracted transit and paratransit services. All parts and supplies will be Original Equipment Manufacturer (OEM) or approved equals. The Contractor shall provide a clear and detailed City -approved system of a tiered level ongoing preventive maintenance program, appropriate to the fleet, which meet or exceeds CHP and manufacturer's standards. Contractor shall maintain a separate maintenance file for each vehicle containing all maintenance records pertaining thereto. Contractor shall submit the scheduled maintenance and preventive maintenance schedule to the City. Vehicle inspection records for each vehicle must include at minimum the following: • Inspection Date • Vehicle Mileage • Description of Work Performed • Parts and Supplies Used • Name and signature of mechanic performing the work • Signature of Contractor's Maintenance Manager indicating that the work was performed to the standards specified herein Mechanic Requirements The Contractor must always have at least one mechanic (Maintenance Manager included) on staff which has an ASE (Automotive Service Excellence) Medium/Heavy Truck "Master Technician" designation. Contractor must also have at least one mechanic which has an ASE Certification in Heating, Ventilation and Air Conditioning (HVAC) Systems. All mechanics must have alternative fuel maintenance training in Compressed City of El Monte — Transit and Paratransit Operations - RFP 19 of 77 Natural Gas (CNG). Mechanics and service workers must have the appropriate licenses to operate all vehicles. Pre -Trip Inspection Contractor shall require each driver to inspect each vehicle with regard to safety, function, and appearance prior to the start of service each day. A daily Pre -Trip Inspection form shall be completed prior to start of service and submitted to the Maintenance Manager for all vehicles. Contractor shall immediately repair or replace, prior to placing into service, any vehicle with a safety or operational problem. Warranty Maintenance Neither the City nor the Contractor is the manufacturer of the City's equipment or the manufacturer's agent, and neither the City nor the Contractor makes any express or implied warranty of any nature regarding the City's equipment, including, but not limited to: its merchantability or fitness for any particular purpose; its design or condition; its workmanship; its freedom from latent defects; its compliance with the requirements of any law, rule, specification, or contract; or its non -infringement of any patent, trademark or license. Provided that the City or the manufacturer has supplied required warranty documents to the Contractor, the Contractor shall take all actions required to preserve any and all manufacturers' warranties regarding the City's equipment. Refueling City staff shall train the Contractor's personnel in safety and proper compressed natural gas (CNG) refueling techniques for the Fixed Route Transit Program, prior to fueling the City vehicles. The Contractor shall train the appropriate personnel in proper gasoline fueling techniques for the Dial -A -Ride Program. Contractor shall ensure that under no circumstances shall passengers be allowed onboard the vehicles during refueling. To be prepared for any after -hour emergencies, Contractor shall ensure that each vehicle has a full fuel tank before the start of the next service day. Wheelchair The Contractor shall ensure that Wheelchair Lifts are operational on all vehicles in the fleet. Penalties/Liquidated Damages may be assessed if wheelchair lifts fail while in service, and not immediately removed from service and replaced with a backup vehicle. Climate Control Systems Contractor shall maintain the heating and air conditioning units in proper working condition so that they are available at any time during the service hours and offer the most comfortable environment inside the vehicle regardless of the outside climatic City of El Monte — Transit and Paratransit Operations - RFP 20 of 77 conditions. Contractor shall require that drivers continually monitor climate control units during the day to ensure that they are operating properly. In-service vehicles without working heating or air conditioning will be exchanged within one loop or sooner or Penalties/Liquidated Damages may be assessed. Other Vehicle Systems The Contractor is responsible for maintaining all other systems onboard the vehicles. This includes: o Radios o Public Address Systems o Destination signs o Fire suppression equipment o Security cameras, digital surveillance system, data collection software and hardware, etc. Vehicle Interior Contractor shall maintain the interior passenger compartment in good repair. It shall be free of exhaust fumes and deposits from the engine or engine compartment. Contractor shall also ensure that all corners and seams are securely fastened to the floor at all times; that the doors, stop notification devices and public address system work properly. The driver's area shall be clean at all times. Each driver's personal items should be kept in a secure area and out of sight. The dashboard is to be free of papers, trash and loose materials. The driver's seat shall be maintained in accordance with the standards stated below for passenger seats. The interior will be checked for damage and cleared of trash at the conclusion of each trip or "loop." The Contractor or any of its staff may not attach or place any markings on the interior of the vehicle. Contractor shall perform the following maintenance daily: • Sweep, clean and remove all trash, gum, sticky substances, foreign objects, dirt and dust • Clean driver's area and dashboard so it is free of dust, stains or grease • Clean all interior and exterior windows, removing dust, fingerprints, smudges, writing, water spots, streaks and unpleasant odors • Clean passenger seats to the extent that they are dust free and free of all foreign substances • Clean all ledges, stanchions, handrails, modesty panels, passenger signal strip/cord and remove dust, grease, gum or sticky substances Contractor shall perform the following interior maintenance each week: • Replace window (or Inserts) if ANY markings are present City of El Monte — Transit and Paratransit Operations - RFP 21 of 77 • Replace or repair seat (or Inserts) if ANY markings are present • Repair seats if there are ANY rips or tears • Remove graffiti from ALL interior and exterior surfaces of the vehicle • Replace window glass if scratched, broken or cracked • Repair or replace damaged schedule holders (fixed route only) Contractor shall perform the following interior maintenance monthly or sooner if needed: • Shampoo fabric seats Pxtarinr Contractor shall be responsible for assuring that all of the vehicle body components, appurtenances, and frame shall be sound and undamaged and retain original colors. The exterior body shall be free of cracks, dents, scrapes, graffiti and any other markings not approved by the City. The Contractor or any of its staff may not attach or place any markings on the exterior of the vehicle without written permission from the City. Contractor shall perform the following maintenance as needed: • Clean and/or paint wheel rims after brake jobs Contractor shall perform the following maintenance a minimum of two -three days per week: • Wash vehicle Contractor shall perform the following interior maintenance each week: • Ensure destination signs are working and repair if necessary Contractor shall perform the following exterior maintenance twice per year: • Wax vehicle City Inspections The City shall have the right to inspect any and all vehicles or cause same to be inspected at any time with or without prior notice to Contractor. The City shall also have the right to demand from time to time a written statement from the Contractor setting forth the condition of the City equipment or any part of it. The Contractor shall furnish such a statement to the City within 10 days after receipt of the City's demand. Should the City or its designee determine, in its sole discretion, that any City -owned equipment has not been maintained in accordance with the Agreement, the City or its designee shall report all deficiencies to the Contractor in writing. Except for safety -related deficiencies, which shall be corrected as soon as reasonably possible prior to placing the vehicle in service, the Contractor shall have 14 days to correct the reported deficiencies and to notify the City in writing of the correction. City of El Monte — Transit and Paratransit Operations - RFP 22 of 77 Vehicle Out -of -Service Criteria The Contractor shall not operate any vehicle that the City designates as unsafe for service. Vehicles must pass a City inspection after repairs are made and before the vehicle can go back into service. The Contractor is subject to Penalties/Liquidated Damages for having vehicles that are pulled out of service and not repaired and replaced back into service within twenty-one (21) days. The following is the list of criteria used by the City's Mechanical Maintenance Administrator to determine if a vehicle is unsafe for service: • Failing a CHP Inspection • Any violation of Title 49 Code of Federal Regulations, North American Commercial Vehicle Critical Safety Inspection Items and Out Of Service Criteria • Any fuel leak • Any liquid leakage beyond a minor seepage • Removal of any component, without replacement, that has not been approved by the City's designated mechanical maintenance agency • Identification of any substandard repair or condition that could put the City of El Monte, their employees or the public at risk of health hazard or injury • Overfilling of engine or transmission fluid • And that which is provided under all local, state and federal regulations California Highway Patrol Inspections The Contractor shall maintain satisfactory California Highway Patrol (CHP) terminal inspection throughout the life of the Contract (proof of CHP certification is required). The Contractor must make all vehicles available for inspection by the CHP as necessary. The Contractor must also follow CHP maintenance record guidelines and make all records available for inspection. Penalties/Liquidated Damages may be assessed every time a vehicle fails a CHP inspection or re -inspection. The Contractor must notify the City within four (4) hours of an inspection failure and state what is being done to correct the deficiency. A copy of the CHP inspection reports shall be forwarded to the City within 24 hours. Road Calls/Re-route Notification In the event of a vehicle failure while in service, Contractor shall deploy a vehicle immediately upon notification to replace the failed vehicle. The failed vehicle shall display "Out of Service" on the front and side Destination Signs. Contractor shall notify the City within 15 minutes in the event that a vehicle fails while in service or while traveling to or from service. Failure to do so will result in Penalties/Liquidated Damages. City of El Monte — Transit and Paratransit Operations - RFP 23 of 77 In the event that a re-route becomes necessary (due to road closure, construction, train, etc.), Contractor will immediately notify the City with re-route proposal for City approval. Miles between Road Calls Contractor shall monitor miles between road calls for each vehicle used in revenue service. The City will use this information to calculate a monthly average road call interval for both fixed route and paratransit services. Return of City Vehicles In the event the initial Agreement Term or any extension thereafter is terminated or expired, Contractor shall abide by the following conditions: • All City -owned vehicles and related records shall be surrendered and delivered to the City immediately • The vehicles must be in appropriate mechanical condition as specified in Part II, Section I and throughout the RFP. Contractor is responsible for returning vehicles in an acceptable appearance and mechanical condition per Exhibit G, "Sample City Master Agreement" If Contractor fails to abide by the conditions, any payments due will be held and, if necessary, amounts may be deducted to cover the cost of providing vehicles or making necessary repairs as per the "Contract Service Agreement" and the RFP. OPERATIONAL EMERGENCIES The Contractor shall be responsible for the enforcement of policies with regard to operational emergencies. The City may revise or establish additional policies. Contractor shall be responsible for the handling and resolution of all operational emergencies and contingencies including, but not limited to, the following: 1. Hazardous Conditions Transit Operators shall report all hazardous road conditions (i.e., downed trees, potholes and uneven road surfaces, malfunctioning signals, etc.) in the City to their supervisor. Contractor, in turn, shall immediately notify the City of such conditions and shall take necessary precautions to safeguard passengers and personnel. 2. In -Service Vehicle Failures Contractor shall require the Transit Operators to report any in-service vehicle failure to their supervisor. The supervisor will attempt to ascertain the problem, use good judgment, and instruct the Transit Operator to take appropriate corrective action. If necessary, the supervisor will immediately send a spare vehicle to the location, and the Transit Operator City of El Monte — Transit and Paratransit Operations - RFP 24 of 77 and passengers will change vehicle and continue in-service. Contractor, if necessary, shall send a mechanic to the location in order to take corrective measures and/or supervise the towing of the vehicle. Contractor shall report any in-service vehicle failures to the City immediately and not later than the start of the next service day. 3. Wheelchair Lift Failure Contractor shall be responsible for the proper operation and maintenance of all wheelchair lifts. Contractor shall require Transit Operators to report all in-service lift failures to the Contractor's supervisor. If the lift fails while attempting to board a wheelchair passenger, the supervisor shall promptly arrange for alternate transportation for the passenger in the wheelchair inconvenienced by the lift breakdown. If the lift fails while attempting discharge of a wheelchair passenger, the Transit Operator shall manually operate the lift and notify the supervisor. The supervisor shall arrange a vehicle change as quickly as reasonably possible following any lift failure. Contractor shall report all in-service lift failures to the City no later than the start of the next service day. 4. Passenger Disturbances Contractor shall instruct Transit Operators to report nonpayment of fares; graffiti or other vandalism on the vehicles; pushing, shoving and other disturbing or dangerous conduct; and other serious passenger disturbances to the Transit Operator's supervisor or dispatcher. The supervisor shall use good judgment in handling the passenger disturbance by appraising the situation, issuing appropriate instructions to the Transit Operator and request law enforcement assistance if necessary. 5. Medical Assistance to Passengers Contractor's employees shall use good judgment in responding to passenger accidents, injuries or illnesses occurring on the vehicles. In the event of a passenger requiring medical assistance, the Transit Operator shall immediately advise the Contractor's supervisor by radio of the situation and location of the vehicle, and the supervisor shall notify the County Fire Department/Paramedics for assistance. An incident report shall be completed documenting the incident with a copy to the City no later than the start of the next service day. 6. Accidents Contractor shall require all Transit Operators to report any accident or incident involving the vehicle to the Contractor's supervisor. The supervisor shall use good judgment in handling the situation and shall immediately notify police or fire department if necessary. The supervisor shall report all accidents to the City by telephone immediately. Both the Transit Operator and supervisor will complete an accident report approved by the City, with copy to the City no later than the start of the next service day. The Contractor shall submit all accident -related reports to the DMV as required. City of El Monte — Transit and Paratransit Operations - RFP 25 of 77 ADMINISTRATION REQUIREMENTS FOR FIXED ROUTE AND PARATRANSIT SFRVIrFS Project Management Contractor shall provide the necessary management, field supervisors, and administrative personnel with expertise to customary industry standards. Contractor shall manage services in accordance with the guidelines and parameters established herein. The Contractor shall submit a staffing plan to the City. The City reserves the right to approve the final staffing plan submitted by the Contractor. Supervision The full-time supervision of the transit services and day-to-day operations shall be vested in the Contractor and shall consist of, but not be limited to, an assigned General Manager. Under this position will be a Fixed Route Operations Manager, a Paratransit Operations Manager and a Maintenance Manager. Contractor shall assign individual(s) to this operation and those individual(s) shall show, by decision and action, to be competent in all aspects of services. Key Personnel The General Manager, Fixed Route Operations Manager, Paratransit Operations Manager, and Maintenance Manager are all key personnel and will be individually approved in writing by the City before assuming these positions. These individuals are of critical importance to a successful service operation and are a significant component of the contractor selection process. As a result, Fixed Route Operations Manager and Paratransit Operations Manager, also referred to as "Project Manager(s)," shall be assigned solely to this Agreement and may not be reassigned to any other operation internally or to an associated firm of Contractor without prior written approval of the City, or be assigned tasks outside of the Agreement requirements with the City of El Monte as this may prohibit adequate time required for proper administration, management, maintenance, etc., tasks necessary for providing quality transit and paratransit services to our El Monte community. This paragraph shall not apply in the event said individual(s) either voluntarily or involuntarily terminates employment with Contractor. Violation of this paragraph may result in penalties/liquidated damages or other remedies up to and including termination of the Agreement. The City may, at its sole discretion, accept or reject any individual proposed by the Contractor both during the contract startup and for any replacement during the life of this contract. The City may also, at its sole option, require the replacement of any key personnel. City of El Monte — Transit and Paratransit Operations - RFP 26 of 77 Reservationists Dedicated reservationists shall be assigned to this Agreement, ensuring that accurate program information is related to residents and that customer service levels consistently meet Contractor and City expectations. Employee Selection and Supervision Contractor shall be responsible for the employment and supervision of all employees necessary to perform the service operations contemplated under the agreement to be executed with the City. Such responsibilities shall include employee recruitment, screening, selection, training, supervision, employee relations, evaluation, retention and termination. Contractor shall use appropriate driver screening and selection criteria in order to employ drivers. These criteria will include Department of Motor Vehicles license check and physical examination sufficient to meet all applicable requirements for transit and paratransit service vehicle operations. Contractor shall at all times have in effect an employee substance abuse/alcohol abuse -testing program for all employees in safety -sensitive positions including personnel engaged in the operation, maintenance and control of vehicles and equipment used in the performance of services per all Federal, State and local requirements. Contractor shall make all reasonable efforts to ensure that employees having contact with the public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or a crime involving moral turpitude before or during the time of his/her employment shall not be permitted to operate any vehicles used in the performance of contracted services. Contractor shall be responsible to recruit a sufficient number of bilingual employees to ensure that the bilingual communications requirements are met. Contractor shall at all times comply with applicable state and federal employment laws, including section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended. Transit Operator Requirements Contractor shall employ only such persons as are competent and qualified to provide all services in accordance with the requirements of this RFP and City policies, practices, procedures and standards. All employees shall meet all applicable qualifications established by the federal, state and local laws and regulations. City of El Monte — Transit and Paratransit Operations - RFP 27 of 77 Contractor shall conduct pre -employment DMV checks of all personnel hired for service and shall join the California DMV Pull Notice Program, whereby the Contractor shall be notified of any activity on a Transit Operator's driving record. Contractor shall provide annual pull -notice printouts for each driver who operates vehicles under this contract. New drivers or drivers that transfer into the programs under this contract will present a DMV printout, no older than 7 days, prior to beginning to drive vehicles under this contract. Any Transit Operator exceeding the California DMV point system or with a revoked or suspended license will not be allowed to operate the City's service. Contractor shall notify the City of the results of these checks. The City reserves the right to require reassignment of drivers or removal completely from service at its sole discretion. Any driver providing service under this Contract will at all times be: • Legally licensed and qualified to operate the vehicles to which they are assigned. This includes the following requirements: o Have no reckless driving violations; o Have no more than three (3) moving violations during the five (5) year period preceding the City permit/licensing renewal; o Have no more than one (1) moving violation within the twelve (12) month period immediately preceding the City permit/licensing renewal; and o Have never been convicted of a drug or alcohol offense, verified by a California Department of Justice criminal background check or had his or her license suspended due to a drug or alcohol offense. • Sober and have no addiction to the use of alcohol or controlled substances. If driver is found to be under the influence while driving, they will be subject to immediate termination for cause • Not subject to any outstanding warrants for arrest • Alert, careful, courteous and competent in their driving and customer relations habits • Free from using any personal electronic devices while driving. At no time shall the driver use their cell phone for texting (reading and writing), e-mailing or answering/making phone calls while driving. If driver is found using a personal electronic device, penalties/liquidated damages may be accessed, including driver suspension or termination for cause • Sensitive to passengers' needs, including assisting passengers upon their request • Neat and clean in appearance and in uniform acceptable to the City. Transit Operators shall wear name tags clearly displaying their names while performing their duties City of El Monte — Transit and Paratransit Operations - RFP 28 of 77 • Knowledgeable about the service area street network • Able to read, write, speak and understand English adequately as solely determined by the City. Bilingual skills in Spanish, Chinese and Vietnamese are desirable • Able to handle complaints and problems as required • Drivers must post a driver nameplate in the vehicle, so it is visible to passengers • Transit Operators may not request or in any way solicit tips from customers. Permits and Miscellaneous Licenses The Contractor and their employees will hold and provide copies of valid permits, licenses, certificates and other documents as are required by Federal, State, County, City and other governmental or regulatory bodies to legally engage in the services to be provided under this contract. Contractor will notify the City of any suspension, termination, lapses, non -renewals or restriction of required licenses, certificates, or other documents which may be cause for termination of this Contract. Contractor is responsible for payment of all related permit and licensing fees. Drug & Alcohol Testing Contractors who perform safety -sensitive functions must comply with FTA's substance abuse management program under 49 C.F.R. part 655 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." Contractors providing testing services involving the performance of safety sensitive activities must comply with 49 C.F.R. part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." The Contractor must provide an ongoing program for drug and alcohol testing of drivers and other personnel in compliance with the State and US Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40) and comply with the Federal Motor Carrier Safety Administration (FMCSA) rule for employees who hold Commercial Driver's Licenses (CDLs) (49 CFR part 382). o Proof of compliance form, (Form 8), is not required to be filled out and submitted with proposal as FTA monies are not currently funding these programs. If future FTA funds are utilized, Form 8 will be required by contractor. Driver Uniforms The Contractor must provide uniforms to all drivers. At minimum the uniform will include coordinating shirts and uniform pants that identify the Contractor's name and the employee's name. No denim, jeans or short pants will be acceptable as part of a uniform. If jackets or cold weather gear is worn it must also be uniformed and clearly identify the Contractor's name and the employee's name. If hats are worn, they must be uniformed with Contractor logo. These uniforms will be subject to City approval. City of El Monte — Transit and Paratransit Operations - RFP 29 of 77 Driver Training Transit Operators must be trained in all operational procedures relating to the system. Training must include techniques for dealing with the public in a helpful and courteous manner, basic information about the routes and the City of El Monte, and sensitivity and empathy training directed towards the needs of elderly and disabled passengers, in compliance with the Americans with Disabilities Act. Contractor shall describe how it will maintain an ongoing employee safety and training program. Transit Operators shall be trained to operate all types of vehicles, wheelchair lifts, ramps and securement systems, as well as, other equipment which they may be expected to use in fixed route services. This requirement pertains to all Transit Operators, both regularly assigned and relief Transit Operators. Contractor shall provide all drivers with initial and ongoing training in, at minimum, the following topics: • Vehicle operation • Safe vehicle maneuvering • Defensive driving • General vehicle handling and safety • Emergency first aid • Cardiopulmonary Resuscitation (CPR) • Passenger assistance techniques (including operation of lift equipment) • Passenger relations / customer service • ADA requirements and sensitivity training Contractor to ensure that ongoing training required by federal, state and/or other governmental or regulatory bodies is provided to staff to maintain proper licenses, certificates, etc., and that detailed driver training records are kept by the Contractor and accessible upon request for review by City staff and the CHP. City Policy Training All drivers will be provided an orientation to the City policies related to passenger assistance requirements, sensitivity issues, fares and other policies. City staff will work with driver training staff to ensure that necessary topics are included in the orientation and may participate on a periodic basis in the orientation sessions and/or safety meetings to review such policies or present changes in policies that impact drivers. Employment Contracts, Labor Agreements, Labor Protection and Civil Rights The Contractor may deal with and enter into written agreements with its employees. Contractor shall notify the City of any labor negotiations being conducted with its employees, shall keep the City fully informed of the status and progress of such City of El Monte — Transit and Paratransit Operations - RFP 30 of 77 negotiations, shall permit the City to observe such negotiations if the City so requests, shall confer and consult with the City about the negotiating positions taken by Contractor in such negotiations if the City so requests and shall not enter into or agree to modify or amend any labor agreement without the City's prior written approval. The City shall not directly negotiate with collective bargaining agents recognized by the Contractor without the Contractor's consent provided, however, that this provision shall not be construed to prohibit communications or negotiations relating to the City's obligations and rights under any applicable State laws. Labor Protections: Transit Employee Protection, Title 49 U.S.C. 5333(b) requires that the interests of employees affected by assistance under most FTA programs shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. Employee protections under Section 5333(b) are required for FTA funded grants. Civil Rights and Equal Opportunity: The Contractor agrees to comply with all applicable Civil Rights Statutes and implementing regulations. Advertising / Promotions The City will be responsible for advertising and promoting the transit and Paratransit programs and will provide the funds and materials necessary to carry out this responsibility. The Contractor will distribute promotional materials or assist in public relation activities from time to time and only at the request of the City. City of El Monte Fixed Route Transit and Paratransit Fares Fixed Route Fares: • The current transit fare is $0.50 cents per person The fare for children 5 years and older is $0.50; 4 years and under are free with each paying adult (two maximum per adult). Paratransit Fares: • DAR passenger fares differ by service area and trip type: o One-way trip within the City of El Monte $ 0.50 o One-way trips out of the City of El Monte (medical only) $1.00 Fare Collection and Cash Handling Procedures The fixed route fleet utilizes fareboxes to collect fares. The Contractor will use a City - approved method for collecting Dial -A -Ride fares. The Contractor will collect and deposit all fare revenues. Fare collection training shall be conducted by the Contractor and proper fare collection shall be enforced by all project personnel. City of El Monte — Transit and Paratransit Operations - RFP 31 of 77 Farebox revenue shall be retained by Contractor and deducted from the monthly invoice billed to the City. The City will review any and all procedures submitted relating to the collection, recording, depositing and reporting of all cash receipts. Contractor shall be responsible for providing security over collected funds, equipment in service and all inventoried fareboxes and associated equipment. Contractor shall develop, place into service and monitor procedure controls and security devices that will prevent theft or expose pilferage. Should there be any discrepancies between the actual revenue counts and the estimated revenue counts from the ridership data, and an investigation proves failure to adequately protect the City's revenues by Contractor, then Contractor is responsible for monetary reimbursement to City. Radio System The Contractor is responsible for any base stations or handheld radios needed for operations. The Contractor will also provide the City one handheld radio programmed to receive all frequencies used for operations. The Contractor is also responsible for obtaining and paying for the necessary frequencies for the radio system. The cost of proper upkeep of the radios and replacement if damaged is the sole responsibility of Contractor. Contractor shall submit a list for approval of all radio frequencies and call letters to be used for each vehicle. Pam The City will pay the Contractor on a "Vehicle Revenue Hour" (VRH) basis, also referred to as "Revenue Hour," for the fixed route and paratransit services. Transit Vehicle Service Hours are calculated as the hours of operation of each vehicle during the scheduled operating hours (which includes scheduled layovers). Hours spent deadheading to and from the service area or from one route to another, training time, fueling time, lunchtime and storing vehicles do not constitute service. Missed transit service will also be deducted. Paratransit revenue time will begin when first passenger boards the vehicle and will end when the last passenger is dropped off. The Contractor will submit a detailed invoice to the City by the tenth (10th) day of each month. The City will pay the Contractor within sixty (60) working days from the date of submission, provided that the invoice is complete and contains all necessary backup information, reports and other required documents. All revenues collected during any month shall be retained by Contractor and (1) accounted for in the monthly report for the month during which it was collected; and (2) shown on the monthly invoice required by this section as a deduction from any amount due to Contractor from the City. City of El Monte — Transit and Paratransit Operations - RFP 32 of 77 Trolley Tokens: Contractor shall return all Trolley Tokens collected to the City by the 10t" of each month and Contractor shall provide corresponding token fare documentation. The City will deduct from invoices any penalties/liquidated damage payments due, based upon the City's determination of performance in relation to the penalties/liquidated damage clauses of the RFP and Agreement. The City will verify all data provided by Contractor and reimbursements/adjustments due to the City or the Contractor will be made after the close of each fiscal year (No later than September 30t" of each year). Data Collection & Reporting Fixed Route Operating Data: • Data collection and reporting on operational matters will be collected and tabulated for services to El Monte residents. Contractor will submit all reports to the City as requested. These reports will include those required by different funding agencies, as well as other reports/data the City may from time to time request related to operating performance. • The following reports must be submitted ACCURATELY (Inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made and documents/reports/trip sheets must be returned to the City within 14 days or penalties/liquidated damages may be assessed): o Unusual Incident Report (Daily) - Daily report of any out -of -the -ordinary incidents arising in the service to include, but not be limited to, disputes with or among passengers o Down Vehicle Report (As -Needed) - The Contractor shall send a down vehicle report (faxed or emailed) within one hour of a vehicle going down while in service o Monthly Operating Summary (Monthly) - The Contractor will submit this report with the monthly invoice. It must include, at a minimum, the following information: ■ Total Monthly Ridership by Route, Bus Run (Loop), and Day ■ Total Vehicle Revenue Hours (VRH) by Route, Bus Run, and Day ■ Total Vehicle Revenue Miles (VRM) by Route, Bus Run, and Day ■ Passengers per VRH by Route and Day City of El Monte — Transit and Paratransit Operations - RFP 33 of 77 ■ Passengers per VRM by Route and Day ■ Fares categorized by Route, Bus Run, and Day ■ Wheelchair Passengers ■ Token Passengers ■ Bike Passengers ■ Free Rides (children 4 and under— two free children with each paying adult) ■ Access Services Riders (Participants only not Personal Care Attendants PCAs) ■ Rio Hondo "GO RIO" Participants ■ Employees riding free with the City Rideshare ID ■ And other data required by FTA for the National Transit Database (NTD) and the City (Fixed route transit sample El Monte Daily Trip Sheets and daily/monthly data spreadsheets are attached as Exhibit H for all data currently required). Paratransit Operating Data: • Data collection and reporting on operational matters will be collected and tabulated for services to El Monte residents. Contractor will submit all reports to the City as requested. These reports will include those required by different funding agencies, as well as other reports the City may from time to time request related to operating performance. The following reports must be submitted ACCURATELY in hard -copy form (inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made, and documents/reports/trip sheets must be returned to the City within 14 days or penalties/liquidated damages may be assessed): o Unusual Incident Report (Daily) - Daily report of any out -of -the -ordinary incidents arising in service to include, but not be limited to, disputes with or among passengers o Down Vehicle Report (As -Needed) - The Contractor shall send a Down Vehicle Report within 15 minutes of a vehicle going down while in service o Monthly Operating Summary (Monthly) — The Contractor shall submit this report with the monthly invoice. The report must include at a minimum, the following information: ■ Total Trips Requested ■ Number of Trips Requested / Number of Trips Provided ■ Trip Denials (including reason) ■ Total Passenger Boardings ■ Total Vehicle Revenue Hours City of El Monte — Transit and Paratransit Operations - RFP 34 of 77 = Me. Wn-11c•7[ac�►TIHrXE ■ Total Revenues Collected ■ Number of No-Shows/Cancels ■ Dedicated Passenger Average Trip Length ■ And other data required by the NTD and the City (Dial -A -Ride sample trip sheets and daily/monthly data spreadsheets are attached as Exhibit 1 for all data currently required) National Transit Database (Fixed Route & Paratransit) The Contractor shall gather required National Transit Database (NTD) data information throughout the year and prepare and submit data on a monthly basis to the CITY. Records and Audits Recordkeeping / Audit Controls • The following recordkeeping and audit controls must be met: o Contractor shall maintain financial records and reports relating to funds received during the contract o Contractor shall maintain books, records, documents, and other accounting procedures and practices which reflect all costs of any nature expended in the performance during the contract o Records shall be subject to audit or inspection by duly authorized City, County, State or Federal personnel o Contractor shall maintain all books, records and other relevant documents related to the contract for four (4) years after final payment o All financial records directly related to the work performed in this contract shall be made available to the City upon request • The Contractor must keep the minimum service records in addition to others required in this proposal: o Contractor will provide access to, or copies of, daily driver trip sheets or any other operational records deemed necessary or requested by the City o Upon request, the Contractor will supply the City with Contractor's personnel policies, including reimbursement of policies for sick pay, overtime pay and wage scale. A list of current personnel will be maintained and submitted as requested by the City. The Contractor's personnel policies will be in conformance with State and Federal laws Service Accidents and Incidents Accident Reporting: City of El Monte — Transit and Paratransit Operations - RFP 35 of 77 • In the event of a traffic accident involving revenue or non -revenue equipment, immediate notification to police is mandatory. Contractor will notify the City within 10 minutes and present all necessary reports to the City within a twenty- four hour period Incidents, Service Interruption and Missed Service Reporting: • Contractor will log all incidents and service interruptions. The City will set criteria for when they must be contacted about incidents, depending on the severity of the incident. A monthly report outlining incidents, service interruptions and missed service will be provided Customer Service Customer Service Forms: • Customer comments or complaints received by the Contractor or the City will be documented on the "City of El Monte Customer Service Form." The Contractor will return to the City a written response of the Contractor's investigation/results of such comments or complaints within the time -frames specified below, unless otherwise instructed by the City: Priority 1: Contractor to provide "written results" to the City within 24 hours from the date and time of receipt of a Customer Service Form Priority 2: Contractor to provide "written results" to the City within 3 working days from the date and time of receipt of a Customer Service Form Telephone Reservation and Information System Contractor shall provide telephone equipment, all telephone information and dispatch personnel necessary to effectively respond to incoming calls at a quality and a level consistent with transit and paratransit (Dial -A -Ride) patron demand and in strict accordance with the operating days and hours set forth herein. Contractor shall make special efforts to respond to telephone service and information requests from patrons who have hearing disabilities. Contractor will provide TDD equipment for communications with patrons who have hearing disabilities and will provide the capability to receive and accommodate telephone calls from callers speaking English, Spanish, Chinese, Vietnamese and all other languages during hours when Dial -A -Ride reservations may be made. Contractor shall provide a telephone system with a minimum of three lines in rotary. A separate TDD number will need to be provided by the successful proposer. Upon termination of the agreement with the City of El Monte, the City reserves the rights to City of El Monte — Transit and Paratransit Operations - RFP 36 of 77 these telephone numbers as indicated above herein, and Contractor agrees to transfer said telephone numbers upon request. On -Time Performance — Fixed Route Transit Service The City has experienced problems with on -time performance of fixed route buses, specifically leaving bus stops before the scheduled departure times ("Running Hot"). This practice is unacceptable to the City. In order to eliminate this practice, the Contractor shall introduce a process to monitor, evaluate and ensure on -time performance for each of the five (5) routes. The Contractor shall provide a "Monitoring On -time Performance Plan" to the City to observe the drivers and ensure on -time performance. Elements of the plan may include the following: • Implement a Secret Rider program, where a secret rider boards at least one (1) bus on each of the five routes at least one (1) time per month (minimum of five trips/month) to observe on -time performance. Secret riders must board buses at different times of days (some mornings, some afternoons) with different drivers, to ensure that there is a broad view of how the drivers are meeting their on -time performance goals. Inform drivers that a Secret Rider program is being implemented, so they are aware and mindful of their schedule • Implement a Follow -Behind Program, where designated staff could follow behind at least one (1) bus on each of the five (5) routes at least one (1) time per month (minimum of five trips/ month). Follow buses at different time of day, with different drivers, to ensure that there is a broad view of how the drivers are meeting their on -time performance goals • Develop on -time performance goals for each driver and each route. Develop penalties for drivers who do not meet their on -time performance goals, which may include having discussions with Project Manager, retraining and suspension/termination for cause • Develop a Tracking Form for monitors to complete and provide to the City SERVICE STANDARDS Contractor shall strive at all times to provide service in a manner that will increase system productivity while achieving or surpassing customer service expectations. Recognizing that the goals of productivity and customer service levels may conflict, the standards set within the RFP are reasonably attainable by Contractor, fair to the customer and consistent with City expectations. At the option of the City of El Monte, the City may enforce the penalties indicated for substandard performance. Failure to enforce any penalty for any such substandard performance shall not serve to invalidate said criteria nor preclude future enforcement of City of El Monte — Transit and Paratransit Operations - RFP 37 of 77 that penalty. The City agrees that the penalties outlined in this RFP will not be enforced for the first 60 days of the Agreement. Contractor and the City shall periodically meet to evaluate performance of the system based upon standards. If the standards are not fulfilling their intended purpose, standards shall be adjusted based upon recommendations made by Contractor with concurrence and final decision by the City. Should it be found that the Contractor's performance has contributed to the Contractor's failure to achieve these standards, penalties will be assessed. PENDING ISSUES / CONSIDERATIONS The following issues, new programs and possible service changes may impact this contract and should be taken into consideration in the submission of any proposal. COVID-19 Response In response to COVID-19, a number of measures were put into place to help protect Transit Operators and customers. These measures have included: requiring face coverings (Transit Operators and customers); enhancing cleaning of buses during and after service; blocking off certain seats on vehicles; etc. The majority of the measures implemented are expected to continue as long as the pandemic continues. It is anticipated that fares and front door boarding will resume when permanent driver protective areas are installed. Electrification Plan/ Zero Emission Bus (ZEB) Acquisition The California Air Resources Board Innovative Clean Transit (ICT) Rule requires that beginning in 2026 25% of the City's transit vehicle orders must be Zero Emission Buses (ZEB), with 100% of vehicle orders by 2029, and that 100% of the fleet be ZEB by 2040. By 2023, this rule also requires that the City submit a ZEB Roll -Out Plan. During the Agreement Term, the City may purchase ZEB's; however, this is contingent upon the outcome of the study, grant funding opportunities, or direction of City Council. The selected Contractor will be expected to be able to provide the expertise and staff training necessary to successfully operate ZEB's, at no additional cost to the City. Interest in Microtransit and TNC Service Alternatives The City has been considering possible service alternatives that would utilize microtransit and Transportation Network Companies (TNCs), such as Uber and Lyft, to increase the efficiency and attractiveness of Dial -A -Ride and fixed route transit services at little or no increase in total system costs. Offerors with experience implementing and operating service City of El Monte — Transit and Paratransit Operations - RFP 38 of 77 alternatives utilizing microtransit and/or TNCs are invited to describe their experience and possible applications of these services to the City's transit program. The Contractor will strive at all times to provide service in a manner which will ensure responsive service to transit and paratransit customers, while at the same time maximize service reliability and safety. In order to identify key areas of concern to the City, various performance standards are described below for which penalty or liquidated damage fines may be assessed when service falls below the standard. "Penalty/Liquidated Damage" clauses described below may be assessed by the City no sooner than sixty (60) days after the initiation of the service. The City of El Monte's failure to assess penalties or liquidated damages shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this RFP. The City may assess penalties/liquidated damages retroactively, up to 12 months. Commencing Service In the event the Contractor fails to commence service on July 1, 2022, the Contractor shall pay the City liquidated damages in the amount of $2,500 for each service day of delay. Reservations and Customer Service The DAR reservation/customer service phone number shall be attended during Dial -A - Ride operating hours. All DAR staff must be able to clearly communicate in English. There must always be a staff member(s) immediately available who is fluent in Spanish. If Contractor's in-house staff is unable to assist residents of all languages, Contractor must utilize an interpreting service to ensure that residents' program needs are met (at the Contractor's cost). Penalty/Liquidated Damages: One Hundred Dollars ($100) per incident will be assessed if Contractor fails to provide program assistance to residents of all languages. Teleahone Hold Times 90% of calls shall be answered in less than three (3) minutes. 100% of all calls shall be answered in five (5) minutes or less. Penalty/Liquidated Damages: One Hundred Dollars ($100) per month for each full or partial percentage point below the performance targets listed above. City of El Monte — Transit and Paratransit Operations - RFP 39 of 77 On -Time Performance / Rerouting (Fixed Route) The City has set an on -time performance level of 95%. On -time performance is defined as departing from a scheduled time point less than one minute early and arriving at a scheduled time point no more than five (5) minutes late. The City will base the on -time performance on randomly sampled trips. Penalty/Liquidated Damages: One Hundred Dollars ($100) per month for each full or partial percentage point below the 95% performance target. Contractor is to inform the City with recommendation for all route detours prior to rerouting. Penalty/Liquidated Damages: One hundred dollars ($100) per incident will be assessed if Contractor fails to contact the City and receive approval prior to required re-route. Missed Service and Road Call Notification (Fixed Route) The City has set a minimum trip completion rate of 99%. This figure will be determined using figures reported by the Contractor. A trip where service was not operated will be considered missed. Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for each full or partial percentage point below the 99% performance target. Penalty/Liquidated Damages: Two hundred and fifty dollar ($250) per incident will be assessed if the Contractor fails to contact the City as RFP's "Road Call Notification" requires. Vehicle Replacement - Down Vehicle or Pulled Vehicle The Contractor is to immediately replace vehicles that are down and/or pulled out of service. Penalty/Liquidated Damages: Two hundred and fifty dollars ($250) per incident will be assessed if the Contractor fails to replace a vehicle that was taken out of service (no more than 2 loops missed) in a timely manner. Vehicle Out -of -Service Criteria The Contractor shall not operate any vehicle that the City, code, regulation, etc., designates/indicates/references as unsafe for service. City of El Monte — Transit and Paratransit Operations - RFP 40 of 77 Vehicles must pass a City inspection after repairs are made and before the vehicle can go back into service. The Contractor is subject to penalties/liquidated damages for having vehicles that are pulled out of service and not repaired and replaced back into service within twenty-one (21) days. Penalty/Liquidated Damages: One hundred dollars ($100) per day beyond the maximum twenty-one days (21) out of service, without the City's written approval. On -Time Performance (Paratransit) The City has set an on -time performance level of 97% for paratransit. On -time performance is defined as arriving to pick up a passenger no more than five (5) minutes before, and up to 15 minutes after the scheduled pick-up time. The City will base the on - time performance on field observations and the information reported by the Contractor. Penalty/Liquidated Damages: One hundred dollars ($100) per month for each full or partial percentage point below the 97% performance target. Missed Trip (Paratransit) The City has set a trip completion target of 99% for paratransit. A missed trip will be defined as not arriving within 30 minutes of the scheduled pick-up time. The City will base the on -time performance on field observations and information reported by the Contractor. Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for each full or partial percentage point below the 99% performance target. Passenaers / Vehicle Revenue Hour — VRH (Paratransit The City requires that the Contractor exceed a target of two and a quarter (2.25) passengers per VRH for the first year and two and a half (2.5) passengers per VRH thereafter (monthly average). The City will base this figure on information reported by the Contractor. Penalty/Liquidated Damages: One thousand dollars ($1,000) per month for having an average of less than 2.25 passengers per VRH for the first year and two and a half (2.5) passengers per VRH thereafter. CHP Vehicle Inspection Failure (Fixed Route & Paratransit) To ensure safe, quality operations, the Contractor will be expected to pass all California Highway Patrol terminal inspections. City of El Monte — Transit and Paratransit Operations - RFP 41 of 77 Penalty/Liquidated Damages: One thousand dollars ($1,000) for each vehicle per day that fails a CHP vehicle inspection or re -inspection shall be assessed, until a satisfactory inspection report is obtained, and the vehicle is again available for service. Wheelchair Lifts (Fixed Route & Paratransit) The Contractor must maintain wheelchair lifts on all vehicles to operate in a safe manner. If a wheelchair lift malfunctions, the vehicle must be immediately removed from service and not placed back in service until repairs are made and wheelchair lift is fully and safely functioning. The City will determine compliance through Contractor reports, pullout inspections and random testing on route. Penalty/Liquidated Damages: Two -hundred -fifty dollars ($250) per occurrence if any vehicle with a malfunctioning wheelchair lift is not immediately removed from service and a replacement vehicle immediately returned to service. Complaints (Fixed Route & Paratransit) The standard for City -verified service complaints, exclusive of customer questions, comments or suggestions, will be receiving five (5) or fewer valid complaints within a calendar month. Multiple reports of the same occurrence will only count as one complaint. The City will determine compliance by tracking customer service forms. The City will make the ultimate determination if a complaint is valid. Penalty/Liquidated Damages: One thousand dollars ($1,000) per each substantiated service complaint as determined by the City, above the five (5) allowable per month. Written Responses to Comments/Complaints Contractor to provide the City with written results/responses of all customer complaints per Part I, Section B of RFP, "Customer Service." Penalty/Liquidated Damages: Two -hundred -fifty dollars ($250) per occurrence if Contractor's responses to comments/complaints are not received by the City in a timely manner as outline in the RFP. Key Personnel Retention The Key Personnel are crucial to the day-to-day operations. The City is requiring the Project Manager be 100% dedicated to the Agreement. Penalty/Liquidated Damages: Twenty -Five thousand dollars ($25,000) if any Key Personnel are reassigned or promoted to another position by the Contractor without City consent during the Agreement Term or if Project Manager is not 100% dedicated to the City of El Monte — Transit and Paratransit Operations - RFP 42 of 77 Contract (which includes tasking 100% Project Manager(s) with tasks not relating to the Contract or services and tasks outlined in the RFP). Accurate Data Submittals Contractor must provide accurate data to the City. As inaccuracies have been problematic for the City, the Contractor shall implement steps to minimize these occurrences, including: 1. As the buses do not currently have automated passenger counting systems onboard, the Contractor must provide, at a minimum, a hand tally counter for each bus. Each counter must have the ability to count for at least eight (8) different rider payment types (paying riders, free riders, access pass, etc.). 2. Developing a formal training program, including a training manual, for both new and existing drivers, on how to correctly complete the paper trip sheets, including mileage information and number of riders for each type of trip. 3. Train staff supervisor whose job it is to review and total trip sheet information, to accurately calculate and total trip sheet rows and columns, and to make any corrections to incorrect driver input prior to sending the forms to the City. In the future, the City plans to introduce on -bus technology that will automate their current manual process, in order to reduce reporting errors. Proposers with current access to automated processes may include such information in their RFP response. If Contractor fails to provide accurate data to the City by way of El Monte Trolley Daily Trip Sheets (95% accuracy rate) and monthly reports, the City will provide Contractor with a written notice requiring immediate improvement in reporting accuracy; if adequate improvement is not made within 30 days from delivery of the City's written notice to the Contractor, penalty/liquidated damages will be assessed. As the City of El Monte operates a total of five (5) routes per day for their fixed route service, 30 or 31 days per month, the City can expect to receive 150 — 155 trip sheets on a monthly basis. With a 95% accuracy rate, no more than eight (8) inaccurate trip sheets/month will be acceptable to the City. For each inaccurate trip sheet the City receives in excess of eight (8) per month, the City will impose penalty/liquidated damages. Inaccurate documents/reports/trip sheets will be returned to the Contractor for corrections to be made, and documents/reports/trip sheets must be returned to the City within 14 days. If Contractor fails to provide documents after 14 days, the City will provide the Contractor with a written notice requiring immediate delivery of the documents; if the documents are not returned within 24 hours of the City's written notice to the Contractor, penalty/liquidated damages will be assessed. City of El Monte — Transit and Paratransit Operations - RFP 43 of 77 Penalty/Liquidated Damages: One thousand dollars ($1000) for the first month, if Contractor fails to provide accurate paperwork/data to the City. After the first occurrence, inaccurate trip sheets (eight (8) or more in a one -month period) provided to the City in subsequent months shall be assessed one thousand dollars ($1000), plus an additional two hundred and fifty dollars ($250) per inaccurate trip sheet provided by the Contractor to the City. City of El Monte — Transit and Paratransit Operations - RFP 44 of 77 II. INSTRUCTIONS, CONDITIONS AND NOTICES TO PROPOSERS A. GENERAL ADMINISTRATIVE INFORMATION The Proposer shall represent and warrant that it is sufficiently informed as to all matters affecting the performance of the work and the furnishing of labor, supplies, material or equipment called for in this proposal; that the proposal has been checked for errors and omissions, that the facts stated in the proposal are current and as intended and are a complete and correct statement of the facts stated therein for performing the work or furnishing the labor, supplies, materials or equipment required by the RFP. The Proposer waives any claim for the return of its proposal due to errors or omissions claimed to have been made in its proposal or for any other reason. Each prospective Proposer understands and agrees that the City of El Monte, its elected and appointed officers, agents, employees and volunteers shall not be liable for: • Any costs incurred by a Proposer in the preparation, delivery or presentation of a proposal. • Any costs incurred by a Proposer in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal contract with the City of El Monte. • Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Proposer in the preparation of a proposal pursuant to this RFP. • It is the Proposer responsibility to carefully examine the requirements, specifications, and conditions expressed in the RFP and fully inform themselves as to the quality and character of services required. • Any changes made to the RFP will be made only by written addendum, duly issued by the City of El Monte. All addenda will be posted on PlanetBids. • All responses to this RFP will become the property of the City of El Monte and will be retained or disposed of accordingly. • The City of El Monte is an equal opportunity employer. City of El Monte — Transit and Paratransit Operations - RFP 45 of 77 • The City of El Monte reserves the right to modify or cancel this RFP, either in part or in its entirety, and to waive any informality in a proposal when to do so would be in the best interest of the City, and to negotiate directly with any of the firms making a proposal. Nothing in this RFP or the proposal process shall be construed in any manner as obligating the City to accept any proposal. Unauthorized conditions, limitations, provisions attached to this RFP, or an incomplete package will render it non -responsive and may be cause for its rejection. No telephone, faxed or emailed proposals or modifications will be considered. The successful proposer shall abide by and obey all applicable federal, state, and city laws, including, but not limited to, the non-discrimination provisions of the laws of the United States of America, the State of California, and the City of El Monte. The Proposer to whom the Agreement is awarded shall be required to enter into a written agreement with the City of El Monte in a form approved by the City Attorney, City Council and City Manager. The RFP, or any part thereof, and the proposer's responses may be incorporated into and made a part of the final agreement; however, the City reserves the right to further negotiate the terms and conditions of the Agreement with the selected Proposer. All proposals shall be firm offers and may not be withdrawn for a period of 180 days following the deadline date for submission of proposals noted herein. All proposals submitted in response to this RFP will become the property of the City of El Monte. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information that it claims is exempt from disclosure under the Public Records Act, California Government Code Section 6250, et seq. Any Proposer claiming such an exemption must also state in its proposal that the Proposer agrees to defend any action brought against the City for its refusal to disclose such material, trade secrets or other proprietary information to any party making a request, therefore. Any Proposer who fails to include such a statement shall be deemed to have waived its right to an exemption from disclosure as provided by said act. The Agreement shall be by and between the City and the Proposer and shall not be intended, nor be construed to create the relationship of agent, servant, employer/employee, partnership, joint venture, or association, as between the City and Proposer. The Skills, training, knowledge and experience of Contractor are material to the City's willingness to enter into the Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to City of El Monte — Transit and Paratransit Operations - RFP 46 of 77 be undertaken by Contractor or on behalf of Contractor in the performance of the Agreement. In recognition of this interest, Contractor agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, the Agreement or the performance of any of Contractor's duties or obligations under the Agreement without the prior written consent of the City. In the absence of City's prior written consent, any attempted assignment of transfer shall be ineffective, null and void and shall constitute a material breach of the Agreement. In the event of a dispute based upon the successful Proposer's/Proposers submission of a proposal and the City's acceptance of same and to the fullest extent permitted by law, the successful Proposer/Proposers will be required to indemnify, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the proposal in compliance with federal, state and local laws. B. PROPOSALS In addition to addressing the Scope of Services section, proposals must also include all required information, policies, procedures, manual, forms, etc., as outlined in the RFP. Proposals must be kept to 75 pages, excluding resumes, the required Forms and Appendix specified in this RFP to be returned with the Proposal Package. Further, the audited financial statement, driver training manual, and safety manual will not be counted towards the 75-page limit. Background and Experience of the Proposer Discuss the overall capabilities of the company. Include a brief description of the company's history and recent relevant experience as it applies to the Scope of Services. Proposed Personnel and Management Plan The Proposer shall include an organizational chart showing the names of all proposed management staff. This shall include a "Project Manager(s)" who may be the City's central contact person on day-to-day operations for both the fixed route and paratransit services. The Fixed Route and Paratransit Manager(s) or "Project Manager(s)" shall be fully and solely dedicated to this contract for the term of the contract. A resume for the General Manager, Fixed Route Manager, Paratransit Manager, and Maintenance Manager must be included in the proposal. The resume should include the following: • Name of staff member; • Experience; • Training; City of El Monte — Transit and Paratransit Operations - RFP 47 of 77 • Total effort of staff members' time allotted to the contract expressed in percentages; and • Number of hours weekly. Employee Training: Provide a description of all employee training programs including driver, maintenance, management, reservationist, dispatch, road supervisor, and safety training. One complete copy of the driver training program and safety program must be included with the proposal. Employee Wages & Benefits: Provide the salary range and benefits for the following positions: • Fixed Route Driver • Paratransit Driver • Operations Supervisor • Reservationist • Road Supervisor • Clerk • Mechanic • Service Worker Proposer shall describe hiring policies and procedures, including approach and philosophy to minimize employee turnover and to maintain a stable work force. Staffing Levels: Provide a comprehensive list of all positions (as Full -Time Equivalent figures) and a brief description of the job assignments. Include every position to be provided within your proposal. Maintenance Program/Strategy In this section Proposers should discuss their maintenance program and strategy including: • Responding to road calls; • Warranty coverage/inventory management; • Recruitment of vehicle maintenance staff; and • Vehicle maintenance hours of operation throughout Agreement Term. Maintenance of Equipment: Describe how vehicle maintenance will be performed at the Proposer's facility during the first two years of the Contract. Outline which work will be in-house and which work will be City of El Monte — Transit and Paratransit Operations - RFP 48 of 77 performed in another manner. Provide descriptions for the type of equipment to be used for the maintenance. Maintenance Personnel: Indicate the number of personnel dedicated to maintaining all vehicles. Indicate the total number of full-time employees by position. Provide information on employee classifications and minimum qualifications. Also provide resumes for any "lead mechanics" that will be in charge when the Maintenance Manager is not onsite. Preventive Maintenance Program: Present the preventive maintenance plan including inspection classes, specific actions, and intervals; daily work assignment plan; and the procedures to insure fleet readiness and reliability. Backup Transit Bus: Indicate make and model of backup transit bus, if any, Proposer proposes to use to ensure uninterrupted fixed route transit services while maintenance is performed on City vehicles. The City to approve proposed transit bus and verify insurance coverage prior to placement into service. Dial-A-Ride/Paratransit Operation Plan Overall Operation Plan: • Proposer shall provide a description of how its company proposes to provide the City's Dial -A -Ride service. Dispatch ing/Software: Provide a description of how vehicles will be dispatched. List any software/hardware to be used for dispatching. If the system uses Global Positioning System (GPS), please mention the type of GPS technology used and whether real-time GPS data can be provided to the City. Facility/Fueling Description The Proposer shall provide a detailed description of their proposed facility(s) where non- CNG vehicles are to be fueled, where all vehicles are to be maintained, and where all vehicles are to be stored during the Agreement Term. Include the address of the facility and describe the size and features of the facility, maintenance capabilities, storage capacity and the number of vehicles to be stored there, administrative office space, security and any other significant features. The facility should meet the following minimum requirements: City of El Monte — Transit and Paratransit Operations - RFP 49 of 77 • The facility should be located within a five -mile radius of the El Monte Trolley Station located at 3679 Center Avenue, El Monte 91731. The El Monte transit buses may be called upon to provide emergency transportation during City emergencies ("Emergency Operations" under "Scope of Work"). With sufficient justification, the City will consider other locations outside this radius. Implementation/Transition Plan The Proposer shall submit an implementation/transition and operational plan and schedule. These step-by-step plans shall include, at minimum, the following: staffing, personnel training, vehicle maintenance and storage, fueling, cleaning and washing, uniforms, farebox collection, licensing and permits, insurance, road calls, accidents/incidents, documentation and reporting. Also include any and all procedures relating to the collection, recording, depositing and reporting of all cash receipts. The implementation schedule shall include all key dates and tasks that Proposer needs to complete prior to the startup date July 1, 2022. Cost Proposal Form All Proposers must complete Forms 1A through 1E, Cost Proposals (Attached). The monthly cost for each year of the contract should be used to create an annual cost for each service. List of References Proposer shall list five (5) current or former clients for whom similar or comparable services have been performed. Include the name, mailing address and telephone number of the principal contact person for the contract. Also include the dates of service, description and location of the facilities serviced and a description of the services provided. Proposer shall also provide a list of all transit and paratransit services provided within the states of California, Arizona, Nevada, Oregon and Washington for the last five (5) years (including expired contracts). Proposer shall provide the name of the service operated, type of service, contracting agency name and years operated. Financial Responsibility The Proposer shall provide an audited financial statement to demonstrate the financial status of the Proposer in order to provide the required services through the Agreement Term and to finance the costs of services being proposed. This financial statement shall be, at a minimum, a compiled balance sheet and income statement signed by a certified public accountant (See Part III, "Required Qualification of Proposer" for additional requirements). City of El Monte — Transit and Paratransit Operations - RFP 50 of 77 Performance Bond The Proposer shall deliver to the City, at the time of or prior to the execution of the Agreement, a Performance Bond issued by a surety company authorized to do business in the State of California in the amount of $150,000 and approved by the City's Risk Management Department. Said bond shall be conditioned upon the full and faithful performance by the Proposer of each covenant, promise, term, condition, undertaking set forth in the Agreement. The Performance Bond is attached and incorporated hereto this RFP (See Form 4). Verbal Agreement or Conversation No prior or current verbal conversations or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement. Proposals which fail to provide documentation responding to all of the required items outlined in the RFP may be considered non -responsive and rejected. C. SUBMITTALS Please submit one original and five (5) copies of the proposal. Proposals are not to exceed 75 pages in length (double -sided page to count as two pages) excluding resumes, the required Forms and Appendices to be returned with the Proposal. The audited financial statement, driver training manual, and safety manual will not be counted towards the 75-page limit. Please use recycled paper and print on both sides, when possible. Proposals must also include the following Forms and Appendices: 1. 1 A through 1 D (and Optional Form 1 E) Cost Proposal for Fixed Route Transit and Cost Proposal for Dial -A -Ride 2. Proposal Letter/Certificate of Acceptance 3. Proposal Check Sheet 4. Performance Bond 5. Certification Regarding Lobbying 6. False Claims/False Claims Act Certification 7. Civil Litigation History/Civil Litigation Certification 8. State of California Drug Free Workplace Certification City of El Monte — Transit and Paratransit Operations - RFP 51 of 77 9. Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters 10. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members /_1»=1zIQ111 1. RC — DBE Instructions 2. Federal Contract Clauses 3. Compliance with Laws and Requirements All proposals must be sealed in a package showing the following information on the outside: Addressed to: City Clerk City of El Monte City Hall East 11333 Valley Boulevard El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager • Proposer's name, address, fax number, phone number and email address. • "Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022" and proposal due date. The proposal package must be mailed or delivered to the above address prior to the closing date and time for receipt of proposals. Proposers mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted. The City reserves the right to reject all proposals for any reasons whether or not said proposals are responsive or non -responsive. The City reserves the right to reject any proposal which is non -responsive to this RFP. The City may, but shall not be required to, solicit additional information, orally or in writing, from one or more of the applicants relating to the content of their proposal. The City may, but shall not be required to, meet with one or more of the applicants prior to a preliminary selection of one or more applicants with which the City may choose to negotiate. City of El Monte — Transit and Paratransit Operations - RFP 52 of 77 D. NON -MANDATORY PRE -PROPOSAL CONFERENCE & QUESTIONS Pre -Proposal Conference A non -mandatory pre -proposal virtual conference will take place at 1:30PM Pacific Time, Thursday, October 28, 2021. The meeting will be held online using Microsoft Teams. Log -in credentials for the MS Teams meeting will be posted on PlanetBids. Bidders are strongly encouraged to participate in the pre -proposal meeting. Questions, Changes and Clarifications Questions or clarifications regarding this Request for Proposals must be submitted no later than 2:00 PM (PT) Monday, November 1, 2021 via PlanetBlds. Responses to any inquiries will be issued with an Addendum posted on PlanetBids no later than 5:00 PM, Tuesday, November 9, 2021. If the request is received within 72 hours of the pre -proposal conference, these questions may be addressed in that forum. Proceedings of the pre -proposal conference will be distributed to all known interested parties, as well as any changes, clarifications or any addenda to the RFP. E. CLOSING DATE Proposals must be received by the City of El Monte no later than 4:00 p.m., Tuesday, November 23, 2021. Late proposals will not be accepted and will be returned unopened. Proposals must be submitted in a manner addressing each and every item outlined in the RFP. The City will not accept proposals submitted by facsimile copy or electronically. Responsibility for submitting the proposal and pricing to the City on or before the above stated time is SOLELY AND STRICTLY that of the Proposer. The City will in no way be responsible for the delays in the delivery of the mail or delays caused by any other occurrence. The City will not be responsible for premature opening of proposals not properly marked. City of El Monte — Transit and Paratransit Operations - RFP 53 of 77 F. SELECTION PROCESS This section describes the selection process by which proposals will be evaluated and a selection made for a potential award. Proposals will be evaluated by an Evaluation Committee comprised of a minimum of two City staff, the City's consultant, and possibly a third -party familiar with the subject matter. The City may elect to request additional materials and/or hold additional discussions and/or interviews with Proposers determined to be within the competitive range, in order to confidently make the decision to award the contract to the Proposer whose proposal is determined to be in the overall best interest of the City of El Monte. Proposals will be evaluated based upon consideration of the criteria of "Minimum Qualifications" and "Selection Criteria." Final determination of a Proposer's qualification will be made based upon all the selection criteria and information received during the evaluation and interview process. Award will be given to a responsive and responsible Proposer for the proposal which is found to be most advantageous to the City on a "best value" basis, with price and other factors listed below considered. Accordingly, the City may not necessarily make an award to the Proposer with the highest technical ranking, nor award to the Proposer with the lowest cost proposal, if doing so would not be in the overall best interest of the City. The "Selection Criteria" are listed in the relative order of importance. As proposals are determined by the City to be more equivalent in their technical merits, the evaluated price becomes incrementally more important; when technical proposals are evaluated as essentially equal, price may be a deciding factor. Minimum Qualifications The following are the requirements for responsible Proposers, all of which must be met by the Proposer: • Sufficient financial strength, resources and the capability to finance the work to be performed and complete the Agreement in a satisfactory manner; • Ability to obtain required insurance, with coverage values that meet or exceed the City's minimum requirements; • Evidence that the human and physical resources will be sufficient to perform the Agreement as specified and assure the level of service required; and • Evidence that the Proposer possesses the qualifications and experience necessary to perform adequately and meet the Agreement requirements based on past performance and client references. City of El Monte — Transit and Paratransit Operations - RFP 54 of 77 Selection Criteria A City -formed Evaluation Committee will review and evaluate all proposals submitted in accordance with this RFP. Evaluation of the proposals will be based on the competitive selection process, in which the evaluation of proposals will not be limited to price alone. This committee will use the following selection criteria to evaluate the proposals: Cost Proposal (30%) • Reasonableness of the total price and competitiveness of this amount with other offers received • Adequacy of data in support of figures quoted • Reasonableness of unit price (where applicable) • Basis on which prices are quoted • Accuracy Qualifications and Experience of Contractors/Subcontractors (30%) • Demonstrated experience in performing work of a similar nature • Safety record • Experience working with public agencies • Strength and stability of firm • Strength, stability, experience and technical competence of subcontractors (if applicable) • Demonstrated experience with projects of a similar nature to meet on -time performance and data collection requirements • Demonstrated experience in initiating a new service and adapting to changing service requirements • Demonstrated experience with unique technologies present, including CNG- fueled vehicles and real-time arrival information technology • Demonstrated experience in compliance with all applicable federal, state and local codes, rules and regulations • References with demonstrated success in providing similar services • Assessment of client references and information provided Responsiveness of Proposal to RFP / Work Plan (20%) • Depth of Proposer's understanding of the City's requirements as set forth in the Scope of Work and within this RFP • Overall quality of the work -plan • Logic, clarity and specificity of the work -plan • Appropriateness of labor distribution among the activities • Ability to meet all service start dates City of El Monte — Transit and Paratransit Operations - RFP 55 of 77 • Reasonableness of service operations as proposed • Proposed Implementation/start-up plan and schedule • Bus cleaning program • Preventive maintenance program • Facility location and amenities • Training program • Safety program • Quality control and quality assurance programs • Utility of suggested technological innovations • Producing required forms, manuals, procedures and miscellaneous information Qualifications of Project and Management Staff (20%) • Qualifications and experience of project staff, particularly Key Personnel • Key personnel's level of involvement in performing related work outlined in the Proposer's background and experience • Overall quality of the staffing plan • Labor relations record • Employee selection and retention program • Disciplinary program • Concurrence in the restrictions on changes in managers ("Key Personnel") • Wage and benefit levels paid to employees Interview Process The City may conduct interviews with all Proposers submitting a complete and responsive proposal, if required. These interviews will be approximately one hour in length. The City will have a panel comprised of City staff, the City's consultant who is assisting in this process, and, if available, expert(s) from other entities in the fixed route and paratransit fields. All Key Personnel must attend (or participate in) the Proposer interview. A Proposer may protest a proposal award if he/she believes that the award was inconsistent with City policy or the proposal's specifications or was not in compliance with State or Federal law or guidelines. A protest must be filed in writing with the City Manager or her designee within five (5) business days after webpage posting of recommended Contract award. The Proposer shall submit all documents supporting or justifying the protest. A Proposer's failure to file City of El Monte — Transit and Paratransit Operations - RFP 56 of 77 a timely protest shall constitute waiver of his/her rights to protest the award of the Contract. Any Proposer submitting a proposal may file a protest of the City's intent to award the Contract, provided that each and all of the following conditions are met: • The protest must be submitted in writing to the City Clerk's Office (e-mailed protests will not be accepted) before 5:00 p.m. of the fifth business day following the webpage posting of recommended Contract award • The initial protest document must contain a complete statement of any and all bases for the protest including, without limitation, all facts, supporting documentation, legal authorities and argument(s) in support of the grounds for the protest; any matters not set forth in the written protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence • The protest must refer to the specific portions of all documents which form the basis of the protest • The protest must include the name, address and telephone number of the person representing the protesting party The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced with an appropriate link. Protests shall be submitted in accordance with the requirements of this RFP and any directions included in the solicitation. Protests shall be addressed to the Director of Public Works or designee. The Director of Public Works or designee shall be responsible for overseeing the decision process and for the content of the decision. The Public Works Director shall ensure that all relevant parties within City have been involved in the decision -making process and shall, as circumstances require, obtain the concurrence of the City Manager or other personnel in a decision prior to its issuance. City may decide a protest solely upon the written submission. The protest submission should, therefore, include all materials necessary to support the protester's position. If the procurement uses federal funds, a notice of receipt of a protest must be given to the appropriate FTA regional office. City of El Monte — Transit and Paratransit Operations - RFP 57 of 77 The procedure and time limits set forth in this Section are mandatory and are the Proposer's sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute waiver of any right to further pursue the protest, including filing a California Government Code Claim or legal proceeding. H. DRAFT AGREEMENT The successful Proposer to whom an award is made will be required to enter into an Agreement with City substantially similar to the Sample Agreement provided as Exhibit G to the RFP. This RFP and the selected Proposer's proposal package will be made a part of the ultimate Agreement. Execution of Agreement If the Proposer is an individual, he or she shall execute the Agreement personally. If the Proposer is a partnership, the Agreement shall be executed by all partners, or by a managing general partner lawfully empowered to bind the partnership. If the Proposer is a corporation, two officers of the corporation must execute it, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the Agreement, or if it is executed by a person other than an officer, there must be attached to the Agreement a certified copy of a resolution of the corporation authorizing such officer or person to execute written agreements for and on behalf of the corporation. If the Proposer is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or other officials who have full and proper authorization to do so. I. VEHICLE LEASE TERMS Basic Lease Terms The Agreement contemplates and encompasses a lease of city -owned vehicles to the successful proposer. Initially, the City hereby leases to the Contractor seven (7) transit - style buses, five (5) paratransit vans and one (1) paratransit bus (collectively, the "buses" or individually, a "bus"), which shall be dedicated and used by the Contractor solely and exclusively for the purpose of providing the public mass transportation service set forth in the Agreement. Under no circumstances, may the Contractor use the aforementioned buses for any purpose other than the purpose set forth in the Agreement. The buses may not be used or operated in any other jurisdiction other than the City of El Monte and may not be used in the service of any other persons or entities other than those persons contemplated under the Agreement. The vehicle identification numbers of the buses are attached and incorporated hereto as Exhibit F. The Parties acknowledge, understand and agree that the Agreement is inclusive of the City's related RFP and the Contractor's corresponding response to the RFP. City of El Monte — Transit and Paratransit Operations - RFP 58 of 77 Vehicle Lease Term The lease of City vehicles to the successful Proposer will commence no sooner than the Effective Date of the Agreement and terminates automatically at the termination or expiration of the Agreement or any extension term of the Agreement. Contractor shall deliver possession of the City vehicles to the City promptly upon the termination of the Agreement, but in no event later than five (5) days following the effective date of the termination. Compensation In consideration for the City's lease of the buses, the Contractor shall pay the City the sum of One Dollar ($1.00). Maintenance, Repairs and Operating Expense Consistent with any and all maintenance requirements set forth in the Agreement or any extension, amendment or modification thereto (including the RFP), Contractor shall pay for all maintenance and repairs to keep the buses in good working order and condition and shall pay any other expenses associated with operating the vehicle. Contractor shall comply with all maintenance requirements set forth in the Agreement, and upon the termination of the Agreement shall return the buses to the City in good condition, with no excessive or unacceptable wear and use. Wear and Use Standards Excessive or unacceptable wear and use includes, but is not limited to: a. glass breakage or discoloration b. damage or deterioration of body, fenders, metal work, trim or paint c. torn dash, floor covers, seats, upholstery or interior work d. any wheels or tires that are missing or not in safe condition, or e. any damage that makes the vehicle either unsafe or unlawful to operate Vehicle Insurance Contractor shall comply with all insurance requirements set forth in the Agreement or any extension thereto, including any insurance required under the RFP. Theft Destruction and Substitution The Contractor assumes full responsibility for the theft, loss or destruction of the buses or any one of them while under Contractors' possession or control, including but not limited to those periods in which the buses are being operated by Contractor. In the event City of El Monte — Transit and Paratransit Operations - RFP 59 of 77 of such theft, loss or destruction to the buses or any one of them, Contractor shall be required to compensate City for the full replacement cost of the vehicle. Inspection (a) City may, but does not assume the obligation to, inspect the buses at any time. If City asks to inspect a bus, Contractor will advise City in writing of the location of the bus and allow the inspection. If the bus is damaged or there is excessive or unacceptable wear and use, City will decide if the bus is reasonably repairable. If the bus is reasonably repairable, Contractor shall promptly have the necessary repairs made. (b) Contractor further agrees to pay for a third -party inspection of the buses upon their return to City by Contractor following the expiration or termination of this Agreement or any extension of the same. Contractor agrees to pay for all such repairs recommended by the third -party inspector in order to bring the vehicle into good operating condition. If Contractor cannot reasonably comply with this paragraph within the five-day period for the return of the buses, Contractor shall notify City of the need for additional time. City in its sole discretion may grant such additional time as may be needed to return the buses in good condition, provided the grant of such additional time is made in writing. Contractor's failure to return the buses to City within the five-day return period, absent timely notification to the City of the need for additional time, and approval, shall constitute an event of default and a material breach of this Agreement. npfai it Contractor's failure to comply with or perform any term, condition or duty of this Agreement or any extension, amendment or modification thereto shall constitute an event of default. If Contractor is in default, City may pursue any and all rights and remedies provided by law, including the right to sue Contractor for damages and/or recovery of the buses or any one of them as set forth in the template of the Agreement which is attached to this RFP. =:111 ._ •t The Contractor will also be bound to the indemnification duties set forth in the template of the Agreement which is attached to this RFP. J. FEDERAL FUNDING REQUIREMENTS At any time during the Term of the Agreement or any extension term thereof, City may secure FTA grant funding to supplement funding used to compensate Contractor for the services contemplated in this RFP and sample Agreement. To facilitate the City's ability to apply such funding to the services and tasks contemplated under the RFP and sample Agreement, the City and Contractor (hereinafter, the "Parties") agree to at all times comply with those specific federal statutes and regulations, as the same may be amended City of El Monte — Transit and Paratransit Operations - RFP 60 of 77 from time to time, referenced and described in the FTA Grant Requirements (the "FTA Grant Requirements") which are incorporated hereto as Appendix 2. By its submission of a proposal in response to the RFP and by the execution of the Agreement, each Proposer acknowledges, represents and agrees that the Proposer has reviewed the FTA Grant Requirements; understands the requirements, terms and conditions set forth therein and will comply with all such restrictions, terms and conditions; and will diligently keep itself of apprised of any potential changes to the FTA Grant Requirements and comply with the same. K. COMPLIANCE WITH LAWS AND REQUIREMENTS In performance of the services described herein, the Parties shall comply with all applicable federal, state and local laws and requirements including, but not limited to: Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. The complete text for compliance with laws and requirements is presented in Appendix 3. City of El Monte — Transit and Paratransit Operations - RFP 61 of 77 III. REQUIREMENTS AND REQUIRED QUALIFICATIONS OF PROPOSERS Proposals for the management and operation of the Fixed Route Transit and Dial -A -Ride services will be evaluated by CITY to determine whether or not they meet the following required qualifications. Proposals which fail to provide documentation responding to all of the required items set out below, and in the RFP, may be considered non -responsive and will be rejected. A. Experience In order to be considered eligible and qualified, Proposer must have a minimum of five (5) years of experience in the field of providing public transportation services for systems similar to that contemplated herein. The Proposer should demonstrate familiarity with the management and operation of Fixed Route and Paratransit Dial -A -Ride services, including all related tasks such as vehicle control and dispatch, training, safety, vehicle maintenance, etc. The Proposer must have the capability to provide qualified personnel to manage and operate the City of El Monte Fixed Route Transit and Dial -A -Ride services. A statement of qualifications demonstrating the foregoing and listing the Proposer's experience in the public transit field, together with the names, addresses and telephone numbers of at least five (5) other clients for whom similar services are being provided, shall be furnished with the proposal. B. Organization The Proposer should submit a description of the firm's organizational structure, history, legal status (i.e., partnership, corporation, etc.), list of owners and officers, capabilities and experience and management philosophy. The City is particularly interested in the Proposer's approach to managing local fixed route transit and paratransit Dial -a -Ride operations, organizational resources and expertise available, and the primary businesses or range of diversified businesses in which the Proposer's firm is involved. C. Resource Allocation Proposer's proposed allocation of contract resources must demonstrate an understanding of Scope of Services requirements as described in this RFP and attachments thereto. Proposer must submit a detailed budget breakdown on the COST PROPOSAL FORMS. City of El Monte — Transit and Paratransit Operations - RFP 62 of 77 D. Staffing Proposer shall at all times be responsible for maintaining appropriate staffing levels, employing sufficient, qualified and properly trained personnel to perform the management, administrative, call -taking, scheduling and dispatch, operating and maintenance functions necessary to operate El Monte's transit and paratransit/Dial-A- Ride operations. The Proposer must submit a proposed staffing plan and organization chart indicating all management and staff employee positions, the number of full-time equivalent employees at each position (full-time equivalent employee) and salary and benefit schedules for each employee classification. The staffing plan must include the resumes of all key personnel proposed for the contract, including vehicle maintenance supervision, showing all relevant education, training and experience. Proposer should also describe other personnel to the extent that their particular experience, skill and availability will affect the performance of this contract. Proposer should also specifically address any technical resources and staff that will be available to assist with their local management at no additional cost to the City. Proposer shall ensure that all employees operating transit service vehicles, administering the reservations, scheduling and dispatch and maintaining the revenue vehicles are trained to competence as appropriate for their positions and responsibilities. E. Hiring and Personnel Policies The Proposer shall use appropriate screening and selection criteria for employing personnel. Criteria shall include the California Department of Motor Vehicles (DMV) records, criminal background checks, pre -employment drug screening and physicals of all employees assigned to the City's contracted programs. Personnel policies shall help ensure that all employees perform their duties in a safe, legal, courteous and professional manner at all times. Proposer shall provide the City with a copy of its employee handbook. F. Accounting and Reporting The Proposer must propose an adequate management information system to implement and maintain data collection, accounting and reporting requirements as specified in the Agreement (Exhibit G) and the RFP. City of El Monte — Transit and Paratransit Operations - RFP 63 of 77 G. Financial Responsibility Proposer shall provide a financial statement for the business entity submitting the proposal, as prepared by a certified public accountant, for its prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate that the Proposer possesses adequate financial ability and stability to enable the Proposer to fulfill its obligations in connection with the management and operation of Fixed Route Transit and Paratransit/Dial-A-Ride services under the terms of the agreement to be executed with the City. The City makes no representation that it will be able to maintain the confidentiality of proposers' financial information. A Proposer that submits financial information which it asks to have treated as confidential should submit a statement justifying its treatment as confidential under the California Public Records Act, citing relevant sections of the Act, and label it as a separate exhibit, clearly identified as confidential as a trade secret or otherwise and cross- referenced in the proposal. City reserves the right to require a Proposer which has deficiencies with respect to the City's criteria for financial strength and stability to provide financial information regarding one or more principals or guarantors of Proposer, which principals or guarantors, upon approval by City, would be required to execute a guaranty of Proposer's obligations upon award of the contract. H. Reservations & Dispatch Function Proposer's proposal shall describe and detail how paratransit Dial -a -Ride service trip requests, cancellations and inquiries, and general requests for transit information will be answered. The proposal shall specify the technology and systems to be used to record, organize and maintain paratransit Dial -a -Ride service client records, trip reservations and dispatch records. Proposals shall also detail the languages that the Proposer's reservations/dispatch center staff will be able to immediately support and how callers using other languages will be accommodated and how quickly such language services will be able to respond. All Proposer's must have reservation/dispatch center staff fluent in English and Spanish, with immediate access to outside interpreters for all other languages. I. Equipment The Proposer shall provide all equipment other than service vehicles to operate the City's Fixed Route Transit and Dial -A -Ride services. City of El Monte — Transit and Paratransit Operations - RFP 64 of 77 J. Maintenance, Storage and Refueling of Vehicles Each proposal shall specify the location where the Proposer contemplates maintaining and storing all vehicles, including Fixed Route Transit service buses, paratransit vans and buses owned by the City. The Proposer's proposal shall identify and describe the features of the proposed facility. At a minimum, such facility should have all the requirements as set forth in Part I, Section B (Scope of Services). Each Proposer shall disclose in its proposal the legal status of any and all facilities identified in support of its proposal, that is, whether the facility is presently owned or leased by Proposer or whether there is guarantee that the stated facility will be available for the Fixed Route Transit and Dial -A -Ride services. The foregoing notwithstanding, the City's Fixed Route Transit service buses shall be refueled at the City's facility located at 3629 Cypress Avenue in El Monte, unless otherwise instructed by the City. K. Maintenance Program The Proposer must have the capability to carry out the complete maintenance program as outlined in this RFP. The Proposer must document in the proposal its maintenance record -keeping and accounting system, and procedures for administering a preventive maintenance program. L. Safety Program Proposer must have an ongoing, comprehensive safety program that shall be documented and described in the proposal. Each proposal shall include a copy of any written polices of the Proposer which set forth the Proposer's ongoing, comprehensive safety program. M. Screening and Selection Program Each proposal must describe and document the Proposer's screening program for vehicle operator's employees including the Proposer's substance abuse/alcohol abuse screening program. Each Proposer shall include a copy of any written policies which set forth the Proposer's screening program. N. Training and Retraining Program Each PROPOSER must have a training program that will assure that all personnel will meet satisfactory standards and knowledge for performing Fixed Route Transit and Dial -A -Ride services. The training program must be documented in the City of El Monte — Transit and Paratransit Operations - RFP 65 of 77 proposal, and each proposal shall explain how replacement personnel to accommodate turnover are to be trained without detriment to the transit and paratransit programs or the quality of training. The Proposer shall include a copy of any written policies of Proposer that set forth the Proposer's training program. O. Data Collection Proposer shall describe and detail how it will meet or exceed all data collection, record -keeping, and reporting requirements specified herein. P. Innovation and Route Reconfiguration Proposer shall describe their ability and experience working with cities on innovations such as applications for real-time bus arrivals, route maps, and schedule; and on route reconfiguration. Q. Implementation/Transition Plan and Time Schedule Each Proposer shall submit an implementation/transition plan and time schedule setting forth the sequence of events and associated time requirements proposed to be undertaken from the point of contract award through the first full month of system operations under the new Agreement. The time schedule must demonstrate how the transition to the new Proposer on July 1, 2022, will be accomplished with no disruption to the overall transit and paratransit programs. City of El Monte — Transit and Paratransit Operations - RFP 66 of 77 IV. CONTRACTOR DUTIES AND RESPONSIBILITIES: MAINTENANCE Contractor shall perform the duties and accept the responsibilities set forth below in connection with the maintenance of vehicles and equipment used in the performance of its agreement with the City. The omission of a duty or responsibility herein below shall not relieve the Contractor of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating public transit and paratransit systems. Contractor's duty and responsibility to maintain all vehicles and equipment shall not be delegated to any other person, firm or corporation without explicit written City approval. A. Maintenance — General Contractor shall be responsible for the maintenance of all vehicles, communication systems, on -board camera and data collection systems, farebox system, and all other equipment, furnishings, and accessories required in connection with its operation of El Monte's transit and paratransit services in a clean, safe, sound, and operable condition at all times, and fully in accordance with any manufacturer - recommended maintenance procedures and specifications, as well as with the applicable requirements of any federal or state statute or regulation. In this regard, Contractor shall provide all labor, repairs, parts, supplies, maintenance tools and equipment, lubricants, solvents, service facilities and such other components and services which may be required to fulfill its maintenance responsibilities, at Contractor's sole cost and expense. B. Maintenance and Operations Facility Contractor shall establish and maintain an operations and maintenance facility per the RFP. In addition to those requirements, said facility shall, at a minimum, meet the following requirements to support the maintenance of transit and paratransit vehicles used in the performance of the agreement with the City: • All tools and equipment necessary to perform periodic repairs and the preventive maintenance activities for gasoline and CNG powered vehicles. • All tools and equipment necessary to perform periodic service and adjustments and make mechanical repairs. • Facilities and equipment necessary to clean the vehicles and equipment in accordance with the specifications. City of El Monte — Transit and Paratransit Operations - RFP 67 of 77 C. Maintenance Management and Personnel 1. Maintenance Management Contractor shall designate and provide the services of a qualified Maintenance Manager, subject to the approval of the City. This individual may be the lead mechanic and shall be assigned to the maintenance operations of the Contractor on an acceptable fleet to mechanic ratio. The Maintenance Manager shall provide proactive resource management including but not limited to preventive maintenance scheduling and supervision, repair supervision, technical training, and such other activities as may be necessary to ensure the performance of the Contractor's maintenance duties and responsibilities. The Maintenance Manager shall have a minimum of three (3) years' experience managing and supervising the maintenance functions of a shop similar in size and complexity to the services herein described. The Maintenance Manager shall have a minimum of five (5) years journeyman level experience with gasoline and CNG engines, air conditioning systems, wheelchair lifts and farebox systems. This experience shall include work on vehicles similar to those used in the City of El Monte transit services. Should the services of the Maintenance Manager become unavailable to the Contractor, the resume and qualifications of the proposed replacement shall be submitted to City for approval as soon as possible, but in no event later than five (5) working days prior to the departure of then incumbent Maintenance Manager, unless Contractor is not provided with such notice by the departing employee, in which case said resume and qualifications will be provided to the City within 5 days of the Manager's departure. The City shall respond to the Contractor within five (5) working days following receipt of these qualifications concerning acceptance of the candidate for replacement of the Maintenance Manager. 2. Maintenance Personnel In addition to the Maintenance Manager, the Contractor shall hire and employ other maintenance and service personnel as necessary to properly maintain and service the vehicles used in the performance of the agreement with the City. Maintenance personnel assigned to work on vehicles and equipment used by Contractor shall have the necessary skills to: a. Conduct preventive maintenance inspections and complete associated paperwork; City of El Monte — Transit and Paratransit Operations - RFP 68 of 77 b. Inspect vehicle engines, transmissions, and other mechanical, electrical and electronic parts and components; C. Diagnose vehicle engine, transmission, electrical and electronic component system problems; and d. Repair vehicle engines, transmissions, and other mechanical, electrical and electronic parts and components. D. Preventive Maintenance Contractor shall document and submit a proactive preventive maintenance program for review and approval by the City prior to the effective date of the Agreement. As a minimum, the Contractor's preventive maintenance program shall adhere to the preventive maintenance schedules and standards of the industry and shall be sufficient so as not to invalidate or lessen warranty coverage of any El Monte Transit vehicle or associated equipment. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause to defer maintenance in specific instances where the Contractor's employees observe that maintenance is needed in advance of scheduled maintenance. The Contractor shall not defer maintenance for reasons of shortage of maintenance staff or operable vehicles, nor shall service be curtailed for the purpose of performing maintenance without prior written consent of the City. Preventive maintenance and running repairs shall receive first priority in the use of the Contractor's maintenance resources. The Contractor shall adjust the work schedules of its employees as necessary to meet all scheduled services and complete preventive maintenance activities according to the schedule approved by the City. E. General Maintenance Policies • All wheelchair lift -related equipment shall be inspected, serviced and lubricated at intervals necessary to ensure that the wheelchair lifts are fully operational whenever the vehicle is used in revenue service. • Brake inspections and adjustments shall be performed at intervals that ensure the safe and efficient operation of the braking system. • All components of the vehicle bodies, appurtenances and frames shall be maintained in a safe, sound and undamaged condition at all times. • All mechanical, electrical, fluid, air and/or hydraulic systems shall be maintained in a safe and fully functional, as designed, condition at all times. • The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment and exhaust system of the vehicle. City of El Monte — Transit and Paratransit Operations - RFP 69 of 77 • Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to ensure that the passenger compartment temperature is comfortably maintained under all climatic conditions at all times on all in-service hours. The Contractor shall maintain the A/C systems in an operable condition throughout the entire year. • All parts, materials, tires, lubricants, fluids, oils and procedures used by the Contractor on all vehicles and equipment shall meet or exceed OEM Specifications and requirements. F. Daily Vehicle Servicing Contractor shall perform daily vehicle servicing to all vehicles and equipment used in revenue service. Daily servicing shall include, but not be limited to: • Fueling • Engine oil, coolant, water and transmission fluid check/add • Farebox check • Wheelchair lift check • Brake and brake line check • Light and Flasher check • Interior sweeping and dusting • Exterior and interior visual inspection • Check all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention Contractor shall develop, implement and maintain a written checklist of items included in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for City and California Highway Patrol review. This checklist requirement may incorporate, or supplement CHP required driver's pre -trip safety inspections. G. Daily Driver's Inspection 13 CCR 1234 lists the records required by regulation to be kept by motor vehicle carriers. Section 1234, 13 CCR reads, in part: (e) Daily Vehicle Inspection Reports: Motor carriers shall require drivers to submit a documented daily vehicle inspection report pursuant to section 1215(b). Reports shall be carefully examined, defects shall be corrected before the vehicle is driven on the highway and carriers shall retain such reports. 13 CCR 1215 (a) reads: "Prior to operation, the driver shall inspect each vehicle daily to ascertain that it is in safe condition, it is equipped as required by all provisions of law, and all equipment is in good working order." The requirement to perform a daily City of El Monte — Transit and Paratransit Operations - RFP 70 of 77 pre -trip inspection applies to all drivers of all vehicles listed in 34500 CVC, without exception. There is no legal provision for this task to be delegated to someone other than the driver, such as to a mechanic who may arrive at work early to start all of the vehicles and "check them out." The Drivers Daily Vehicle Inspection Report is not required to be submitted or otherwise documented until the end of the driver's work period. This is so that any defects that become apparent during the course of the work period can be included in the report. This report is required whether or not any defects are found. H. Vehicle Cleaning Contractor shall maintain all vehicles in a clean and neat condition at all times. Any damage to seat upholstery and graffiti shall be repaired/removed immediately upon discovery. Ceilings and walls shall be thoroughly cleaned at least once per month, or more often as necessary. Vehicles shall be kept free of vermin and insects at all times. Contractor shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe and non -hazardous materials. Contractor shall perform complete vehicle detailing on each vehicle, twice per year on a schedule approved by the City. Detailing shall include, at a minimum: the cleaning of all interior surfaces using an appropriate cleaner and treatment using an appropriate protectant; cleaning of the vehicle exterior followed by the application of an appropriate polish and wax; and cleaning, polishing and treatment of all wheels, rims and tires. Contractor shall schedule vehicle detailing in a manner that does not adversely affect service operations. Contractor shall fuel all Fixed Route transit vehicles belonging to City and used by the Contractor in the performance of the Agreement with the City. Contractor shall be responsible for all fueling costs associated with the vehicles belonging to the City and used by the Contractor in the performance of the Agreement with the City for paratransit Dial -A -Ride vehicles. City of El Monte — Transit and Paratransit Operations - RFP 71 of 77 Contractor shall maintain accurate records of all fuel utilized for fueling revenue vehicles. J. Vehicle Towing In the event that towing of any vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor' sole expense. K. Emissions Control Programs Contractor shall perform and certify such tests of equipment required to meet City, other local, state, and federal requirements related to exhaust smoke and engine emissions. Contractor shall be responsible to maintain any applicable California Air Resources Board (CARB) Voluntary Compliance Program objectives subject to El Monte Transit and Paratransit operations. Contractor shall be responsible for administration of a Smog Check program for El Monte Transit and Paratransit program vehicles. Contractor shall be responsible for emissions testing and shall further be responsible to conduct repairs as required to meet emissions standards. L. Maintenance Evaluations Contractor shall allow City access to Contractor's facilities and records to monitor Contractor's maintenance performance, as City deems necessary. City may perform regular, unannounced maintenance inspections of vehicles and equipment maintained by Contractor that are used in this project using both City personnel and independent consultants to assist in determining the Contractor's maintenance performance. City shall be permitted to view and copy any vehicle maintenance records, inspect vehicles and equipment, and request the Contractor's personnel to drive vehicles as is necessary to evaluate the condition of vehicles and equipment used in the performance of the Contractor's agreement with the City. M. Out -of -Service Designation A vehicle shall be designated as unfit for revenue service if, upon inspection, any of the following conditions are found: • Brakes out of adjustment City of El Monte — Transit and Paratransit Operations - RFP 72 of 77 • Loose steering components • Wheelchair lift and related equipment not functioning properly • Air conditioner unable to maintain a reasonable and comfortable temperature • Heating or defrosting inoperable • "Missed" Preventive Maintenance Inspection • Tires with tread depth of less than 2/32" for back tires and 4/32" for front tires • Failure to clean each vehicle as outlined above • Failure to repair vehicle body damage within twenty-one days of the date damage occurred • Inoperable Emergency Exits/Doors/Windows • Inoperable two-way radio • Inoperable farebox • Failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343) • Removal from road -worthy status by CHP of any vehicle used under the agreement with City • Any condition not in compliance with ADA • Any condition not in compliance with applicable federal or state regulations Vehicles shall continue to have the Out -of -Service Designation until it is brought into compliance, subject to approval by the City. Contractor shall not be paid for hours operated in revenue service by vehicles that are in an Out -of -Service condition. City may, at its sole discretion, correct any unresolved Out -of -Service condition and withhold the costs related to such correction(s) from payment to the successful proposer. N. Maintenance Records and Reports Contractor shall prepare, maintain, make available to City, and reduce to written form, records and data relative to vehicles and equipment maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner so as to fulfill any applicable state or federal requirements, as well as any needs of City to enable it to accurately evaluate Contractor's maintenance performance and the operating expense associated with various vehicles and equipment. Records of all maintenance and inspections shall be made available to the City, the CHP and/or such other regulatory agencies with jurisdiction when requested. City maintains the right to inspect, examine and test, at any reasonable time, any vehicles City of El Monte — Transit and Paratransit Operations - RFP 73 of 77 used in performance of the Agreement and any equipment used in the performance of maintenance work in order to ensure compliance with the Agreement. Such inspection shall not relieve the successful proposer of the obligation to continually monitor the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. Contractor shall transport any or all vehicles and equipment to any required inspection facilities when requested. In the event that the successful proposer is instructed by the City or any other regulatory agency to remove any equipment from service due to mechanical reasons, Contractor shall make any and all specified corrections and repairs to the equipment and resubmit the equipment for inspection and testing before it is again placed in service. Contractor shall prepare maintenance records and reports in a form and according to a schedule approved by the City. Such records and reports shall include, but not be limited to, the following: • Daily vehicle inspection and servicing checklist • Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed • Road call reports, or work order, for each road call identifying date and time, vehicle number, problem and mileage of vehicle • Monthly vehicle summary to be included as part of the Monthly Management Report, listing, at a minimum, the operation status of each vehicle, vehicle mileage, vehicle mileage since last preventive maintenance inspection, vehicle fuel and lubricants consumption, vehicle road calls and maintenance or repair work done during that month • Semi-annual fleet summary listing each vehicle: vehicle mileage; vehicle year-to- date total miles; vehicle year-to-date fuel consumption and miles per gallon; vehicle year-to-date maintenance costs and cost per mile; route service, total road calls and miles per road call • Contractor's summary of maintenance problems, particularly components with high incidences of in-service failures and steps taken or recommendations to reduce such problems and in-service failures Contractor shall submit to the City copies of the California Highway Patrol (CHP) Annual Safety Compliance Report (CHP 343) and Vehicle Inspection Reports (CHP 343a) within one (1) business day of the conclusion of any such CHP inspection. Contractor shall attain satisfactory rating in each category of the Safety Compliance Report (maintenance records, driver records, regulated equipment and terminal). City of El Monte — Transit and Paratransit Operations - RFP 74 of 77 Contractor shall expeditiously correct any deficiencies noted on any CHP vehicle inspection report. Receipt of an unsatisfactory rating on a CHP terminal inspection may constitute grounds for penalties/liquidated damages by the City, up to and including contract termination. O. Vehicle Maintenance Recordkeeping Contractor shall maintain an up-to-date vehicle file for each vehicle containing, at a minimum, the following information: • Make • Model • Serial number/ fleet number • License number • Date received • Date placed in service • Life miles • Vehicle repairs • Preventive Maintenance Inspection Reports • Daily "Vehicle Condition" Reports • Work Orders The "Preventive Maintenance Inspection" Reports shall be kept indefinitely and provided to the City at the end of the contract. Daily "Vehicle Condition" Reports shall be kept indefinitely and provided to the City at the end of the contract. Copies of the "Preventive Maintenance Inspection" Reports shall be made available to the City upon request, including all work accomplished with the manufacturer's instructions and warranty conditions and daily "Vehicle Condition" Reports. Contractor shall submit the entire vehicle file to the City upon request and upon expiration or termination of this agreement. P. Environmental Compliance For the purposes of this Section: "Applicable Environmental Laws" means any and all laws concerning the protection of human health and the environment which include, but will not be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, City of El Monte — Transit and Paratransit Operations - RFP 75 of 77 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1471 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 through 2629; and the Safe Drinking Water Act, 42 U.S.C. 300f through 300j; as they have been or will be amended from time to time, and the regulations implementing such statutes; and any similar state, county, municipal or other local laws and ordinances concerning the protection of human health and the environment and the regulations implementing such statutes. "Hazardous Substance(s)" means any substance, material, chemical or waste that is or will be listed or defined as hazardous, toxic or dangerous under any Applicable Environmental Law, or any petroleum products, or any substance, material, chemical or waste which is or may become, directly or indirectly, by chemical reaction or otherwise, hazardous, toxic or dangerous to life, health, property or the environment by reason of toxicity, flammability, explosiveness, corrosiveness or any other reasons. In performing its maintenance obligations under this Contract, Contractor shall be responsible for the proper storage, handling, use, transportation and disposal of all Hazardous Substances in accordance with Applicable Environmental Laws, including without limitation, all lubricants, solvents, motor oil and other petroleum products. Contractor shall only dispose of such materials at facilities which are permitted or licensed in accordance with Applicable Environmental Laws. Furthermore, in the event that Contractor engages the services of a disposal company for the transportation and disposal of any Hazardous Substances, Contractor shall ensure that such company is properly licensed and that it transports and disposes of Hazardous Substances in accordance with the terms of this Contract, applicable codes and/or regulations, etc. Contractor shall maintain procedures for its employees and any subcontractors who handle Hazardous Substances and shall retain records regarding compliance with the responsibilities contained herein. Q. ADA Compliance In the performance of its agreement with the City, the Contractor shall ensure compliance at all times with the Provision of Service requirements of the Americans with Disabilities Act [37 CFR Subpart G, Sections 37.161 through 37.167] including, but not limited to: • Maintenance of accessible features • Keeping vehicle lifts in operative condition • Lift and securement use • Assisting individuals with disabilities in use of securement systems, ramps and lifts City of El Monte — Transit and Paratransit Operations - RFP 76 of 77 • Permitting individuals who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle • Announcing of stops on fixed route buses • Permitting service animals to accompany individuals with disabilities in vehicles and facilities • Making available adequate information concerning transportation services in accessible formats or technology • Not prohibiting an individual with a disability from traveling with a respirator or portable oxygen supply • Ensuring that adequate time is allowed for individuals with disabilities to complete boarding or disembarking from the vehicle • Adhering to the City's Reasonable Modification (Exhibit K) City of El Monte — Transit and Paratransit Operations - RFP 77 of 77 EXHIBIT A Route Maps & Time Schedules City of El Monte Transportation Services Division BIU49 Rcpute� Monday m Sunday M DAYS Trolley Santa Anita Bryant Peck Cogswell Ramona Ramona Tyler Trolley OF Station & & & & & & & Station SERVICE Bryant Elrovia Hemlock Emery Durfee Peck Ramona Monday - Friday 6:00 a 6:04 a 6:08 a 6:12 a 6:18 a 6:23 a 6:29 a 6:35 a 6:40 a Monday - Friday 6:50 a 6:54 a 6:58 a 7:02 a 7:08 a 7:13 a 7:19 a 7:25 a 7:30 a Monday - Friday 7:40 a 7:44 a 7:48 a 7:52 a 7:58 a 8:03 a 8:09 a 8:15 a 8:20 a Monday - Friday 8:30 a 8:34 a 8:38 a 8:42 a 8:48 a 8:53 a 8:59 a 9:05 a 9:10 a at' 9:20 a 9:24 a 9:28 a 9:32 a 9:38 a 9:43 a 9:49 a 9:55 a 10:00 a onday- 10:10 a 10:14 a 10:18 a 10:22 a 10:28 a 10:33 a 10:39 a 10:45 a 10:50 a Monday ......... stun 11:00 a 11:04 a 11:08 a 11:12 a 11:18 a 11:23 a 11:29 a 11:35 a 11:40 a nd y", .......... tun..A a 11:50 a 11:54 a 11:58 a 12:02 p 12:08 p 12:13 p 12:19 p 12:25 p 12:30 p ,Monday" Sat on. 12:40 p 12:44 p 12:48 p 12:52 p 12:58 p 1:03 p 1:09 p 1:15 p 1:20 p WbndaY 1:30 p 1:34 p 1:38 p 1:42 p 1:48 p 1:53 p 1:59 p 2:05 p 2:10 p Monday =. .......... " ........................ Su 2:20 p 2:24 p 2:28 p 2:32 p 2:38 p 2:43 p 2:49 p 2:55 p 3:00 p Mpndj,3y ... . . . ... . ....... ........ . s 3:10 p 3:14 p 3:18 p 3:22 p 3:28 p 3:33 p 3:39 p 3:45 p 3:50 p Monday 4:00 P 4:04 p 4:08 p 4:12 p 4:18 p 4:23 p 4:29 p 4:35 p 4:40 p o, -Mqd,a satis. 4:50 p 4:54 p 4:58 p 5:02 p 5:08 p 5:13 p 5:19 p 5:25 p 5:30 p Monday Sat 46. 5:40 p 5:44 p 5:48 p 5:52 p 5:58 p 6:03 p 6:09 p 6:15 p 6:20 p Monday- Friday 6:30 p 1 6:34 p 1 6:38 p 1 6:42 p 1 6:48 p 1 6:53 p 1 6:59 p 1 7:05 p .10 1 7] There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. - 5:00 p.m. M -k- .,...,a...®.. Time Points • Fare: 5 years and older .500; 1. El Monte Trolley Station 4 years and under are free with each 2. Santa Anita Ave. & Bryant Rd. paying adult (two maximum). 3. Bryant Rd. & Elrovia Ave. 4. Peck Rd. & Hemlock St. • Trolley Tokens are sold in Value Packs 5. Cogswell Rd. & Emery St. to provide greater savings to our riders. 6. Ramona Blvd. & Durfee Ave. 7. Ramona Blvd. & Peck Rd. ➢ $20 Value Pack - 44 tokens ($22 Value) 8. Tyler Ave. & Ramona Blvd. ➢ $10 Value Pack - 22 tokens ($11 Value) 9. El Monte Trolley Station ➢ $5 Token Pack - 10 tokens ($5 Value) Buses are:. Wheelchair accessiblerte Bicycle accessible C- • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin d ngon ngCr khac, hay lien lac so (626) 448-4909/(626) 580-2217 • � AR Q � �� ff� , ' Y� M(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. �" City of EI Monte Transportation Services Division M DAYS Trolley Valley Lexington Merced Rio Hondo Tyler Ramona Trolley OF SERVICE Station & Mt View & Garvey & Towneway & Mildred & Ramona & Santa Anita Station Monday - Friday 6:00 a 6:07 a 6:15 a 6:20 a 6:24 a 6:28 a 6:30 a 6:32 a Monday - Friday 6:50 a 6:57 a 7:05 a 7:10 a 7:14 a 7:18 a 7:20 a 7:22 a Monday - Friday 7:40 a 7:47 a 7:55 a 8:00 a 8:04 a 8:08 a 8:10 a 8:12 a Monday - Friday 8:30 a 8:37 a 8:45 a 8:50 a 8:54 a 8:58 a 9:00 a 9:02 a . . . Mo,6cl4y,, . .. . sw�,-SJ, 9:20 a 9:27 a 9:35 a 9:40 a 9:44 a 9:48 a 9:50 a 9:52 a mooclal� 1, "Satisu 10:10 a 10:17 a 10:25 a 10:30 a 10:34 a 10:38 a 10:40 a 10:42 a Montla _y 11111twsu " n. 11:00 a 11:07 a 11:15 a 11:20 a 11:24 a 11:28 a 11:30 a 11:32 a llll6ttday, ij, n' 11:50 a 11:57 a 12:05 p 12:10 p 12:14 p 12:18 p 12:20 p 12:22 p /11116nday . ......... "n,." 12:40 p 12:47 p 12:55 p 1:00 p 1:04 p 1:08 p 1:10 p 1:12 p Monday - I? Aun. 1:30 p 1:37 p 1:45 p 1:50 p 1:54 p 1:58 p 2:00 p 2:02 p ..... ohd4y", . M sat n,. 2:20 p 2:27 p 2:35 p 2:40 p 2:44 p 2:48 p 2:50 p 2:52 p ti n. 3:10 p 3:17 p 3:25 p 3:30 p 3:34 p 3:38 p 3:40 p 3:42 p 'Mondily 4:00 p 4:07 p 4:15 p 4:20 p 4:24 p 4:28 p 4:30 p 4:32 p Monday- 4:50 p 4:57p 5:05 p 5:10 p 5:14 p 5:18 p 5:20 p 5:22 p Monday snt tour,;: 5:40 p 5:47 p 5:55 p 6:00 p 6:04 p 6:08 p 6:10 p 6:1 Monday - Friday 6:30 p 6:37 p 6:45 p 6:50 p 6:54 p 6:58 p 7:00 p 7:02 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. — 5:00 p.m. Saturday & Sunday 9:30 a.m. — 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change. For transit connections, please visit: www.google.com/transit Rev. 9121 Map is on back. Time Points 1. El Monte Trolley Station 2. Valley Blvd. & Mt. View Rd. 3. Lexington Ave. & Garvey Ave. 4. Merced Ave. & Towneway Dr. 5. Rio Hondo Pkwy. & Mildred St. 6. Tyler Ave. & Ramona Blvd. 7. Ramona Blvd. & Santa Anita Ave. 8. El Monte Trolley Station Buses are: 1 .r Wheelchair accessible Bicycle accessible • Fare: 5 years and older .500; 4 years and under are free with each paying adult (two maximum). • Trolley Tokens are sold in Value Packs to provide greater savings to our riders. ➢ $20 Value Pack - 44 tokens ($22 Value) ➢ $10 Value Pack - 22 tokens ($11 Value) ➢ $5 Token Pack - 10 tokens ($5 Value) • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCr khac, hay lien lac so (626) 448-4909/(626) 580-2217 • J�NVAftaQ 'YY %(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. 4aCity of EI Monte Transportation Services Division Orange Route Monday m Sunday M DAYS Trolley Peck Ferris Magnolia Klingerman Garvey Tyler Trolley OF SERVICE Station & Ramona & Durfee & Parkway & Peck & Tyler & Valley Mail Station Monday - Friday 6:00 a 6:04 a 6:10 a 6:16 a 6:24 a 6:31 a 6:35 a 6:40 a Monday- 6:50 a 6:54 a 7:00 a 7:06 a 7:14 a 7:21 a 7:25 a 7:30 a -Friday Monday - Friday 7:40 a 7:44 a 7:50 a 7:56 a 8:04 a 8:11 a 8:15 a 8:20 a Monday - Friday 8:30 a 8:34 a 8:40 a 8:46 a 8:54 a 9: 01 a 9:05 a 9:10 a "Monday,-. fzt:un. 9:20 a 9:24 a 9:30 a 9:36 a 9:44 a 9:51 a 9:55 a 10:00 a M, ohday',74 10:10 a 10:14 a 10:20 a 10:26 a 10:34 a 10:41 a 10:45 a 10:50 a Monday un. 11:00 a 11:04 a 11:10 a 11:16 a 11:24 a 11:31 a 11:35 a 11:40 a Monday- 11:50 a 11:54 a 12:00 p 12:06 p 12:14 p 12:21 p 12:25 p 12:30 p Mp day . .. . . . . . . . . . . . . . . . . . . . . un,. 12:40 p 12:44 p 12:50 p 12:56 p 1:04 p 1:11 P 1:15 P 1-20 p Monday _/ :1's6n- 1:30 p 1:34 p 1:40 p 1:46 p 1:54 p 2: 01 p 2:05 p iMonday 2:20 p 2:24 p 2:30 p 2:36 p 2:44 p 2:51 p 2:55 p 3:00 p 3:10 p 3:14 p 3:20 p 3:26 p 3:34 p 3:41 p 3:45 p 3:50 p I'Monclay,- S", 4:00 p 4:04 p 4:10 p 4:16 p 4:24 p 4:31 p 4:35 p 4:40 p Monday - S ati$un, 4:50 p 4:54 p 5:00 p 5:06 p 5:14 p 5:21 p 5:25 p 5:30 p Mon 'da' ............ s. s 5:40 p 5:44 p 5:50 p 5:56 p 6:04 p 6:11 p 6:15 p 6:20 p Monday - Friday 6:30 p 6:34 p 6:40 p 6:46 p 6:54 p 7: 01 p 7:05 p 7:10 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMontgCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. — 5:00 p.m. Saturday & Sunday 9:30 a.m. — 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change For transit connections, please visit: www.google.com/transit Rev. 9/21 f I - __ - - - __ I- - -I Ivanp AD Via LFCPJIL. SC I --f2id Time Points • Fare: 5 years and older .500; 1. El Monte Trolley Station 4 years and under are free with each 2. Peck Rd & Ramona Blvd. paying adult (two maximum). 3. Ferris Rd. & Durfee Ave. 4. Magnolia St. & Parkway Dr. • Trolley Tokens are sold in Value Packs 5. Klingerman St. & Peck Rd. to provide greater savings to our riders. 6. Garvey Ave. & Tyler Ave. 7. Tyler Ave. & Valley Mail ➢ $20 Value Pack - 44 tokens ($22 Value 8. El Monte Trolley Station ➢ $10 Value Pack - 22 tokens ($11 Value) ➢ $5 Token Pack - 10 tokens ($5 Value) Buses are: Wheelchair accessible Bicycle accessible • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informaci6n en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can th6ng tin & ng6n ngCp kh6c, h5y libn lac s6 (626) 448-4909/(626) 580-2217 • �9XT nu ffi _k'- AM a(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. T�L@11 lh=-111111F�-Ij DAYS Trolley Valley Blvd. Bisby Arden Way Lower Azusa Hemlock McGirk Tyler & Ramona & Trolley OF SERVICE Station & Arden & Arden & Lower & Cedar & Peck & Cypress Valley Mall Santa Anita Station Azusa Monday - Friday 6:00 a 6:04 a 6:07 a 6:11 a 6:18 a 6:23 a 6:27 a 6:32 a 6:36 a 6:40 a Monday - Friday 6:50 a 6:54 a 6:57 a 7: 01 a 7:08 a 7:13 a 7:17 a 7:22 a 7:26 a 7:30 a Monday - Friday 7:40 a 7:44 a 7:47 a 7:51 a 7:58 a 8:03 a 8:07 a 8:12 a 8:16 a 8:20 a Monday - Friday 8:30 a 8:34 a 8:37 a 8:41 a 8:48 a 8:53 a 8:57 a 9:02 a 9:06 a 9:10 a Monday'' T I ,,sotJSun. 9:20 a 9:24 a 9:27 a 9:31 a 9:38 a 9:43 a 9:47 a 9:52 a 9:56 a 10:00 a ,'Monday - S' ni. , 10:10 a 10:14 a 10:17 a 10:21 a 10:28 a 10:33 a 10:37 a 10:42 a 10:46 a 10:50 a ,-Nlonclay- 11:00 a 11:04 a 11:07 a 11:11 a 11:18 a 11:23 a 11:27 a 11:32 a 11:36 a 11:40 a Pin, Ay A A - ,at 11:50 a 11:54 a 11:57 a 12:01 p 12:08 p 12:13 p 12:17 p 12:22 p 12:26 p 12:30 p 12:40 p 12:44 p 12:47 p 12:51 p 12:58 p 1:03 p 1:07 p 1:12 p 1:16 p 1:20 p Monday - s n. 1:30 p 1:34 p 1:37 p 1: 41 p 1:48 p 1:53 p 1:57 p 2:02 p 2:06 p 2:10 p vo n day, 2:20 p 2:24 p 2:27 p 2:31 p 2:38 p 2:43 p 2:47 p 2:52 p 2:56 p 3:00 p Monday, y "n . . . . . . . . . . . i 3:10 p 3:14 p 3:17 p 3:21 p 3:28 p 3:33 p 3:37 p 3:42 p 3:46 p 3:50 p atn. 4:00 p 4:04 p 4:07 p 4:11 p 4:18 p 4:23 p 4:27 p 4:32 p 4:36 p 4:40 p "xn. 4:50 p 4:54 p 4:57 p 5: 01 p 5:08 p 5:13 p 5:17 p 5:22 p 5:26 p 5:30 p M*nday,- $atis 0, 5:40 p 5:44 p 5:47 p 5:51 p 5:58 p 6:03 p 6:07 p 6:12 p 6:16 p 6:20 p Monday - Friday 6:30 p 6:34 p 6:37 p 6:41 p 6:48 p 6:53 p 6:57 p 7:02 p 7:06 p 7:10 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.go Trolley Station Office Hours: Monday - Thursday 8:00 a.m. - 5:00 p.m. Saturday & Sunday 9:30 a.m. - 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change. For transit connections, please visit: www.google.com/transit R- 9/21 Map is on back. • Time Points 1. El Monte Trolley Station 2. Valley Blvd. & Arden Dr. 3. Bisby & Arden Dr. 4. Arden Way & Lower Azusa Rd. 5. Lower Azusa Rd. & Cedar Ave. 6. Hemlock St. & Peck Rd. 7. McGirk Ave. & Cypress Ave. 8. Tyler Ave. & Valley Mall 9. Ramona Blvd. & Santa Anita Ave. 10. El Monte Trolley Station • Fare: 5 years and older .50¢; 4 years and under are free with each paying adult (two maximum). • Trolley Tokens are sold in Value Packs to provide greater savings to our riders. ➢ $20 Value Pack - 44 tokens ($22 Value) ➢ $10 Value Pack - 22 tokens ($11 Value) ➢ $5 Token Pack - 10 tokens ($5 Value) Buses are:. " Wheelchair accessible Bicycle accessible G • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informaci6n en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCx khac, hay lien lac so (626) 448-4909/(626) 580-2217 • T p ffi AEG � 0�Y�M(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. City of El Monte Transportation Services Division VY n4e I I I MEW". A W DAYS Trolley Elliott Fineview Parkway Maxson Valley Valley Trolley OF SERVICE Station & Tyler & Durfee & Magnolia & Elliott & Mtn. View & Johnson Station Monday - Friday 6:00 a 6:06 a 6:12 a 6:18 a 6:24 a 6:31 a 6:34 a 6:40 a Monday - Friday 6:50 a 6:56 a 7:02 a 7:08 a 7:14 a 7:21 a 7:24 a 7:30 a Monday - Friday 7:40 a 7:46 a 7:52 a 7:58 a 8:04 a 8:11 a 8:14 a 8:20 a Monday - Friday 8:30 a 8:36 a 8:42 a 8:48 a 8:54 a 9:01 a 9:04 a 9:10 a ft 6da"y,�" PR , Sat.'Isd 6. 9:20 a 9:26 a 9:32 a 9:38 a 9:44 a 9:51 a 9:54 a 10:00 a ,Wl cl onj ay,— /$"un. 10:10 a 10:16 a 10:22 a 10:28 a 10:34 a 10:41 a 10:44 a 10:50 a Monday . at tin 11:00 a 11:06 a 11:12 a 11:18 a 11:24 a 11:31 a 11:34 a 11:40 a M'.6 n'da' y 11:50 a 11:56 a 12:02 p 12:08 p 12:14 p 12:21 p 12:24 p 12:30 p M s 12 :40 p 12:46 p 12:52 p 12:58 p 1:04 p 1:11 p 1:14 p 1:20 p ,Monday.- .............. . s4t-ISun. 1:30 p 1:36 p 1:42 p 1:48 p 1:54 p 2: 01 p 2:04 p 2:10 p I 'Monu," oy 2:20 p 2:26 p 2:32 p 2:38 p 2:44 p 2:51 p 2:54 p 3:00 p 0 "d - n, Py . . . . . . . . satf 3:10 p 3:16 p 3:22 p 3:28 p 3:34 p 3:41 p 3:44 p 3:50 p Monday- At./sun. 4:00 p 4:06 p 4:12 p 4:18 p 4:24 p 4:31 p 4:34 p 4:40 p sat un. 4:50 p 4:56 p 5:02 p 5:08 p 5:14 p 5:21 p 5:24 p 5:30 p on d 5:40 p 5:46 p 5:52 p 5:58 p 6:04 p 6:11 p 6:14 p 6:20 p Monday - Friday 6:30 p 6:36 p 6:42 p 6:48 p 6:54 p 7:01 p 7:04 p 7:10 p There will be no bus service on the following holidays: New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On Christmas Eve and New Year's Eve bus service will end at 5:30 p.m. City of EL Monte Trolley Station (626) 448-4909 3679 Center Avenue, El Monte, CA 91731 www.ElMonteCA.gov Trolley Station Office Hours: Monday - Thursday 8:00 a.m. — 5:00 p.m. Saturday & Sunday 9:30 a.m. — 4:00 p.m. (Closed for lunch 12:30 - 1:15 p.m.) *Trolley Station office hours of operation subject to change. For transit connections, please visit: www.google.com/transit Rev. 9121 Map is on back Time Points 1. El Monte Trolley Station 2. Elliott Ave. & Tyler Ave. 3. Fineview St. & Durfee Ave. 4. Parkway Dr. & Magnolia St. 5. Maxson Rd. & Elliott Ave. 6. Valley Blvd. & Mountain View Rd. 7. Valley Blvd. & Johnson Ave. 8. El Monte Trolley Station • Fare: 5 years and older .50¢; 4 years and under are free with each paying adult (two maximum). • Trolley Tokens are sold in Value Packs to provide greater savings to our riders. ➢ $20 Value Pack - 44 tokens ($22 Value) ➢ $10 Value Pack - 22 tokens ($11 Value) ➢ $5 Token Pack, 'kens ($5 Value) Buses are: y. . Wheelchair accessible Bicycle accessible G • If information is needed in another language, contact (626) 448-4909/(626) 580-2217 • Si necesita informacion en otro idioma, contacte al (626) 448-4909/(626) 580-2217 • Neu can thong tin a ngon ngCr khac, hay lien lac so (626) 448-4909/(626) 580-2217 •Tt✓h a R �iP7 AEG a(626) 448-4909/(626) 580-2217 Please call (626) 580-2217 for program information in alternative formats, such as large print, braille and verbal assistance. Dial -A -Ride Program Handout PUBLIC WORKS DEPARTMENT TRANSPORTATION SERVICES DIVISION 3990 Arden Drive El Monte, California 91731 (626) 580-2217 0 0 A ' •' " • The City of El Monte offers a Dial -A -Ride service for Senior Citizens (55 years of age and older) and disabled (any age) residents of El Monte. If you are disabled and under the age of 55 you must obtain a Physician's Verification Form from the Transportation Office and have your physician complete the form and return it to our office with your completed Dial -A -Ride application. If your disability is a temporary disability please have your doctor state duration of disability on the Physician's Verification. Please note that this service is a curb -to -curb service, and our drivers are able to assist clients in and out of the vehicle only. To apply for a Dial -A -Ride card or to report any service problems with the Dial -A -Ride Program, please call the Transportation Office at (626) 580-2217, Monday through Thursday, between the hours of 6:00 a.m. and 4:30 p.m. To arrange for transportation, you may call Dial -A -Ride directly at (626) 307-3224. When calling the number on your card for transportation, please provide your Dial -A -Ride I.D. number, located on the front of your card in the lower left-hand corner. You must present your Dial -A -Ride card to the driver prior to departure for your scheduled trip. The driver may refuse service if you do not have your card with you. Please report lost or stolen cards to this office so that it can be voided and a new card issued. Also, please contact the Transportation Office to report a change of address. Personal Care Attendant "PCA": Personal Care Attendants will travel with their designated Dial -A -Ride participant free of charge. All participants who require a Personal Care Attendant will not be permitted to travel without their PCA. Eligibility for "Personal Care Attendant Required" participants and their PCA will be determined at the time of registration. ESCORTS: If you are in need of assistance for traveling purposes, your escort must also apply for and be issued a Dial -A -Ride card. Escorts may only use Dial -A -Ride when they are accompanying a valid Dial -A -Ride cardholder. Escorts are required to pay the appropriate fare. If you will be escorting a Dial -A -Ride participant that is a minor child six years or younger under the weight of 60 pounds, you are responsible for providing the required safety seat for that child. IN -TOWN: Dial -A -Ride service hours are 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. 4:00 p.m. Saturday and Sunday. Dial -A -Ride's in -town transportation fee is $0.50 each way. • There will be no service on the following holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. • Christmas Eve and New Year's Eve service will end at 5:00 p.m. OUT-OF-TOWN: Out -of -Town Dial -A -Ride service is available Monday through Friday. Pick-ups begin at 8:00 a.m. and the last pick-up will be at 4:30 p.m. Out-of-town service is limited to a five -mile radius outside of El Monte City Hall and is limited to medical appointments only. This service is provided on a reservation basis only; reservations must be made 24 hours in advance. There may be up to a one -hour response time for pick-ups for this service. Dial -A -Ride's out-of-town transportation fee is $1.00 each way. MOBILITY ASSISTANCE: For Citizens in need of a wheelchair -lift van, service is available for both out-of-town and in -town service. When calling Dial -A -Ride for transportation, please advise the dispatcher of your request for a wheelchair - lift van. We recommend that you call 24 hours in advance to assure availability. If you are in need of assistance to maneuver your wheelchair, you must have a personal care attendant or escort to assist you (see "PERSONAL CARE ATTENDANT" and/or "ESCORT" section above). Please call (626) 580-2217 for service information in alternative formats, such as large print, braille and verbal assistance. Thank you for choosing the City of El Monte's Dial -A -Ride Service. Rev. 8-11-21 EXHIBIT C Dial -A -Ride Service Area Map EXHIBIT D Out -of -Town Trip Generators Out -of -Town Trip Generators Listed below is a brief description of Dial -A -Ride Out -of -Town Service Area and Trip Generators. Out-of-town service is provided for medical services only. The trip generators are a variety of medical facilities approximately 5 miles from the El Monte City Hall. This has been established as all of the City of Baldwin Park, Temple City, the City of Rosemead and medical facilities within the following boundaries: NORTH as far as Santa Anita Ave and Santa Clara Street in Arcadia Includes: Methodist Hospital, various medical offices NORTHWEST as far as Las Tunas and Mission Road in San Gabriel Includes: San Gabriel Medical Center NORTHEAST as far as the City of Hope National Medical Center EAST as far as Cameron Street and Sunset in West Covina Includes: Kaiser Hospital/ Medical Centers; Queen of the Valley Hospital SOUTHEAST as far as Valley Blvd and Proctor Ave in the City of Industry Includes: No frequent trip generators at this time SOUTH as far as Workman Mill Road and Beverly Blvd in the City of Whittier Includes: Greater El Monte Hospital WEST as far as Garfield Avenue and Garvey Blvd in Montebello Includes: Beverly Hospital, various medical offices along Garfield EXHIBIT E "Transit Operator's Notice" of Reasonable Modification/ Accommodation Requirements for Fixed Route Services OPERATOR NOTICE FTA approved new regulation regarding "Reasonable Modification/Accommodation Requirements for Fixed Route Services" EFFECTIVE JULY 13 2015 New Federal Reeulation: • Allows customers to request a modification to any existing policy or rule to enable use of a service that they would otherwise be unable to utilize. • Requests may be made in service or in advance. • A request may be denied if it meets one of four (4) criteria. • July 13, 2015, is the implementation date. • Must designate at least one person to coordinate efforts to comply. • Information must be made available to public (fully accessible process). • Not required to use term "reasonable modification." • Operators may consult with management before making a determination. Please ensure that all ADA instructions are followed as previously trained, but also know that customers will be able to request modification to any existing policy or rule to enable use of a service that they would otherwise be unable to utilize. Requests may be made in service or in advance. City staff is currently preparing policies and procedures for review and approval outlining implementation of new ADA requirements: Request process, request determination process, approval/denial codes, complaint process, etc., ensuring compliance with new FTA regulation. Compliance complaints are to be directed to the City of El Monte Transportation Services Division at (626) 580-2217 or 3990 Arden Drive, El Monte, CA 91731 until further notice. ALL DRIVERS ARE TO BEGIN: Assisting customers with disabilities: • Review requests to provide accommodations that assist customers with disabilities in use of services that they otherwise would be unable to utilize (It's about access, not convenience). Example of accommodations or modification: Requests that would be APPROVED: 1. Allow customer with diabetes or other medical issues to eat and drink on the bus. 2. Allow customers to take medication; administer insulin injections/conduct finger stick blood test. 3. Allow customer to board separately from their device if they exceed weight capacity of wheelchair ramp. ALL DENIALS FOR REASONABLE MODIFICATION/ACCOMODATIONS MUST BE APPROVED BY YOUR SUPERVISOR. Requests may be denied for the following reasons ONLY: 1. Fundamentally alters the nature of the service. 2. Creates a direct threat to the health and safety of others (urine, feces). 3. Results in an undue financial burden. 4. Individual is still able to fully use services if modification/accommodation is denied. Page 1 of 3 OPERATOR NOTICE FTA approved new regulation regarding "Reasonable Modification/Accommodation Requirements for Fixed Route Services" EFFECTIVE JULY 13 2015 o Example 1—Fundamentally altering service: Requests that would be DENIED: 1. Takes bus off its route for a pick-up/drop-off. 2. Flag down/mid-block pick-up/drop-off; location unrelated to a bus stop. 3. Operator caring for service animals. 4. Operator providing a personal care attendant. 5. Hand carrying a customer or their mobility device. 6. Customer boards pushing wheelchair with bags in seat. 7. Requests a partial wheelchair securement. o Example 2 —Creates a direct threat to health/safety of others: Requests would be DENIED: 1. Allowing a customer using a cart to block the aisle. 2. A customer boarding with an uncontrolled animal. 3. Lap and shoulder belt without wheelchair securement. 4. Exceeding size/number of oxygen tanks (policy to soon be in place will limit tanks to one large or two small tanks due to space (Exceptions may be made per supervisor approval). o Example 3 —Undue Financial Burden: Request would be DENIED: 1. Providing services beyond normal operating hours or to areas not currently served by your service (extending operating route or times) o Example 4 —If a customer is able to fully use service without modification/ accommodation the reauest may be DENIED: Request would be DENIED: Request for a special stop at a location 100 feet closer to destination when current stop is fully accessible. Operator's additional assistance required with customers with disabilities: 1. If a request is made in service, operator to contact dispatcher for guidance, if necessary. 2. Once policy is in writing and in place, customers are to be encouraged to make requests in advance using the request form to ensure there will be no delay in service operator may have to contact dispatch and wait for direction from a supervisor. Examples of policies that will soon be placed in writing to accommodate customers with disabilities which you should now follow: 1. Board/alight near a stop impacted by construction, parked cars, etc. 2. Handle fare for a customer with a disability (if they cannot reach the farebox you will assist by placing their fare in the farebox for them). Page 2 of 3 OPERATOR NOTICE FTA approved new regulation regarding "Reasonable Modification/Accommodation Requirements for Fixed Route Services" EFFECTIVE JULY 13 2015 3. Drivers are to assist a customer with a disability with their packages. (AS THERE CURRENTLY IS NOT A POLICY IN PLACE FOR THE NUMBER OF ALLOWABLE ITEMS/PACKAGES TO BE CARRIED ONTO THE BUS, PLEASE INFORM ALL PASSENGERS THAT ITEMS/PACKAGES MUST FIT WITHIN THEIR IMMEDIATE AREA). BEGIN IMMEDIATELY — OPERATOR TO ANNOUNCE STOP LOCATION AND ROUTE: When one or more individuals are standing at a designated City bus stop that also serves other transit agencies (MTA and/or Foothill Transit), a driver is required to stop, open doors and call out the stop location and route — Passengers are no longer required to flag the driver down! When one or more individuals are standing at a City bus stop, drivers are to stop and announce the stop location and route —Passengers are no longer required to flag the driver down! To ensure ADA compliance, MTA will place "MYSTERY RIDERS" on City buses and will report back deficiencies, requiring immediate remedy. Print Name Signature Date Page 3 of 3 EXHIBIT F City -Owned Vehicle List CITY -OWNED TRANSPORTATION SERVICES VEHICLE LIST Vehicle Asset Year Make & Model Fuel Brakes VIN # GVWR Ending Vehicle Vehicle Capacity ID No. Mileage Length (FY2020-21) 29 passengers or 1 53 2016 El Dorado National t CNG Air 1 N9MNALG2GC084137 34,000 lbs. 158,042 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 2 54 2016 El Dorado National t CNG Air 1 N9MNALG4GC084138 34,000 lbs. 117,992 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 3 55 2016 t El Dorado National CNG Air 1 N9MNALG6GC084139 34,000 lbs. 155,533 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 4 56 2016 El Dorado National t CNG Air 1 N9MNALG2GC084140 34,000 lbs. 99,107 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 5 57 2016 t El Dorado National CNG Air 1 N9MNALG4GC084141 34,000 lbs. 144,736 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 6 58 2016 El Dorado National t CNG Air 1 N9MNALG6GC084142 34,000 lbs. 120,397 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 29 passengers or 7 59 2016 t El Dorado National CNG Air 1 N9MNALG8GC084143 34,000 lbs. 163,254 32 23 passengers w/ 2 EZ Rider 11 wheelchairs & 11 Standee 21 passengers or 17 + 2 8 4435 2017 Ford E-450 Starcraft Gasoline Hydraulic 1 FDFE4FS8HDC49335 14,500 lbs. 48,705 24 wheelchair or 19 + 1 Allstar wheelchair 5 passengers or 3 9 4436 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C69GM100436 6,600 lbs. 47,354 20 passengers w/ 2 DX (ADA Van) wheelchairs 5 passengers or 3 10 4451 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C60GM10051 6,600 lbs. 52,164 20 passengers w/ 2 1 DX (ADA Van) 1 wheelchairs 5 passengers or 3 11 4458 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C64GM100358 6,600 lbs. 55,728 20 passengers w/ 2 DX (ADA Van) wheelchairs 5 passengers or 3 12 4461 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C64GM100361 6,600 lbs. 59,128 20 passengers w/ 2 DX (ADA Van) wheelchairs 5 passengers or 3 13 4481 2016 MV-1 (Mobility Venture) Gasoline Hydraulic 57WMD2C67GM100581 6,600 lbs. 48,142 20 passengers w/ 2 DX (ADA Van) wheelchairs EXHIBIT G Sample - City Master Agreement Contract No. 2021 CONTRACT SERVICES AGREEMENT (Contractor: INSERT NAME) (Nature of Engagement: Fixed -Route Transit and Paratransit Dial -A -Ride Services) THIS CONTRACT SERVICES AGREEMENT (hereina entered into this day of CITY OF EL MONTE, a municipal corporation CONTRACTOR NAME (hereinafter, "CONTRACT Agreement, CITY and CONTRACTOR may be refer term "Parties." The capitalized term "Party" may interchangeably. WHEREAS, CITY is a munici of California, with power to contract WHEREAS, on or ab for the complete managen Transit and Paratransit Dial MB WHEREAS, CI'P experience and expert contemplated under this WHEREAS, the ( Council at its Regular M reement") is made and 21 by and between the (hereinafter, "CITY") and INSERT OR"). For the purposes of this red to collectively by the capitalized refer to CITY or CONTRACTOR iized under the laws of the State ry to achieve its purpose; and mber of 2021, CITY issued a Request for Proposals itenance and operation of the City's Fixed -Route ervices (hereinafter "2021 RFP"); and ise to the 2021 RFP, CONTRACTOR submitted a proposal; aff has determined that CONTRACTOR possess the skills, required to competently provide the services and tasks ,eement; and cation of this Agreement was approved by the El Monte City ing of 1 2021 under Agenda Item No. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: SECTION 1. TERM. A. This Agreement shall have a term of five (5) years commencing from the effective date that this Agreement is fully executed ("hereinafter, "Effective Date"). Upon the agreement of both Parties and upon approval of City Council, and subject to the same terms and conditions, this Agreement may be extended for a maximum of three (3) one (1) year extensions. Nothing in this Section shall operate to prohibit Contract No. or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 21, below. 64 : LOA 0 M ki F-M *01 : J 4 M ; M : I Z11 FA 161 A Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with complete management, maintenance and operation of the City's Fixed -Route Transit and Paratransit Dial -A -Ride Services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY's "Request for Proposals Transit and Paratransit Operations" (hereinafter the "CITY RFP") and the written proposal of CONTRACTOR entitled "INSERT TITLE OF PROPOSAL" (hereinafter, the "CONTRACTOR PROPOSAL") dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONTRACTOR PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control. B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY. C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (I) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (III) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. 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 City Representative as defined herein. D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product Contract No. prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment. E. CONTRACTOR shall perform the Work continuously and with due diligence. CONTRACTOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents. F. CONTRACTOR shall at all times enforce strict discipline and good order among CONSULTANT's employees. G. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law. SECTION 3. COMPENSATION. A. CITY shall compensation CONTRACTOR for the Fixed -Route transit services — only in accordance with the annual hourly services rates set forth in CONTRACTOR's INSERT DATE "INSERT TITLE OF COST PROPOSAL FOR FIXED -ROUTE - ONLY" (hereinafter "Cost Proposal for Fixed -Route - Only"), which is attached and incoroorated hereto as Exhibit "C". B. CITY shall compensate CONTRACTOR for the Dial-A-Ride/Para services - only in accordance with the annual hourly billing rate set forth in CONTRACTOR's INSERT DATE "INSERT TITLE OF COST PROPOSAL FOR DIAL-A-RIDE/PARA — ONLY" (hereinafter "Cost Proposal for Dial-A-Ride/Para - Only"), which is attached and incorporated hereto as Exhibit "ll)". C. CITY shall compensate CONTRACTOR for the Fixed -Route services - combined in accordance with the annual hourly billina rate set forth in CONTRACTOR's (hereinafter "Cost Proposal for Fixed -Route — Combined"), which is incorporated hereto as "Exhibit E". D. CITY shall compensate CONTRACTOR for the Dial -A -Ride services -combined in accordance with the annual hourly billina rate set forth in CONTRACTOR's - COMBINED" (hereinafter "Cost Proposal for Dial -A -Ride/ Para — Combined"), which is attached and incorporated hereto as "Exhibit V. E. CITY shall compensate CONTRACTOR for the Dial -A -Ride per trip - optional in accordance with the annual per trip rate set forth in CONTRACTOR's INSERT TRIP - OPTIONAL" (hereinafter "Cost Proposal for Dial-A-Ride/Para Per -Trip — Optional"), which is attached and incorporated hereto as "Exhibit G". F. Section 3(A) through (E) notwithstanding, CONTRACTOR's total compensation for the performance of all Work contemplated during the initial five (5) year term of this 3 Contract No. Agreement, shall not exceed the total budgeted aggregate sum of INSERT TOTAL AMOUNT (hereinafter, the "Not -to -Exceed Sum"), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and approved by the City Council. In the event CONTRACTOR's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONTRACTOR's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement. G. PAYMENT OF COMPENSATION: The Not -to -Exceed Sum shall be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out -to -pocket expenses incurred. If the amount of CONTRACTOR's monthly compensation is a function of hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. In the amount of CONTRACTOR's monthly compensation is a function of hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in the recently concluded month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within twelve (12) calendar months of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amount included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amount included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR, except as provided in Section 3(E), "Liquidated Damages," below and as outlined in the CITY RFP. H. LIQUIDATED DAMAGES: The Parties recognize that providing safe, timely and reliable transit services is an essential part of CONTRACTOR's performance under this Agreement and that CONTRACTOR's failure to continuously meet performance standards will cause incalculable damage to CITY and transit system patrons. Accordingly, the amount of liquidated damages which CONTRACTOR shall be required to pay is described in the Penalties/Liquidated Damages Form which is attached and incorporated hereto as Exhibit "H". SECTION 4. BUS LEASE. A. BASIC TERMS: 1. In order to facilitate CONTRACTOR's performance of the Work, CITY hereby leases to CONTRACTOR the following : (a) seven (7) transit -style buses; (b) five (5) paratransit vans and one (1) paratransit bus (collectively, the "Buses" or individually, a "Bus"), which shall be dedicated and used by the CONTRACTOR solely and exclusively for the purpose of providing the public transit service contemplated under this Agreement and as more 4 Contract No. particularly set for in the Scope of Services. Vehicle Identification Numbers (hereinafter "Vehicle Identification Numbers") of the Buses are attached and incorporated hereto as "Exhibit "I". 2. Under no circumstances, may CONTRACTOR use the Buses for any purpose other than the purposes set in this Agreement. The Buses may not be used or operated in any other jurisdiction other than the City of El Monte and may not be used in the service of any other persons or entities other than CITY and its riders. 3. CONTRACTOR shall deliver possession of the Buses to the City promptly upon the expiration or termination of this Agreement but in no event later than five (5) days following the effective date of the expiration or termination of this Agreement, as applicable. 4. Only CONTRACTOR and CONTRACTOR's employees are authorized to operate the Buses. CONTRACTOR covenants and agrees: (a) that it shall keep the Buses free of all fines, Liens and encumbrances; and ('b) to pay any such fines or remove any such liens and encumbrances immediately. 5. If CONTRACTOR fails to comply with the terms of the Agreement, CITY may pay to remove or settle any such fines, liens or encumbrances and any amounts so paid by CITY shall be offset against any compensation otherwise owed to CONTRACTOR under Section 3, above. CONTRACTOR covenants and agrees that CONTRACTOR will use the Buses in a manner that is illegal, improper, or for hire. CONTRACTOR may not remove the Buses from the County of Los Angeles, CONTRACTOR may not alter, mark or install equipment or sticker/decals on or in the Buses without CITY's prior written consent or where applicable, the consent of the El Monte City Council. B. COMPENSATION: In consideration for CITY's lease of the Buses, CONTRACTOR shall pay CITY the sum of One Dollar ($1.00) for the initial term of this Agreement. C. MAINTENANCE REPAIRS AND OPERATING EXPENSES: CONTRACTOR shall be responsible for all maintenance and repair costs required to keep the Buses in good working order and condition as well as any other expenses associated with operating the Buses. Upon expiration or termination of this Agreement, CONTRACTOR shall return the Buses to the CITY in good condition with no excessive or unacceptable wear and use as described in Section 4(D), below. I. WEAR AND USE STANDARDS: Excessive or unacceptable wear and use includes but is not limited to: (a) glass breakage or discoloration; (b) damage or deterioration of body, fenders, metal work, trim, or paint; (c) torn dash, floor covers, seats, upholstery or interior work; (d) any wheels or tires that are missing or not in a safe condition; or (e) any damage that makes the vehicle either unsafe or unlawful to operate. Contract No. J. THEFT DESTRUCTION AND SUBSTITUTION: CONTRACTOR assumes full responsibility for the theft, loss or destruction of the Buses or any one of them while under CONTRACTOR's possession or control, including, but not limited to, those periods in which the Buses are being operated by CONTRACTOR. In the vent of such theft, loss or destruction of the Buses, or any one of them, CONTRACTOR shall be required to compensate CITY for the full replacement cost of the Bus or Buses. K. OWNERSHIP: The Parties acknowledge and understand that at all times CITY remains the owner of the Buses. CONTRACTOR may not and shall not transfer, sublease, rent or do anything to interfere with CITY's ownership of the Buses without CITY's prior written consent. CONTRACTOR shall execute any and all additional documentation as CITY may request or deem necessary in order to demonstrate and establish CITY's ownership interest in the Buses. L. SUBLEASING: CONTRACTOR shall not sublease any of the Buses without the prior written consent of the CITY. If CITY, at its sole discretion, permits CONTRACTOR to sublease any of the Buses, CONTRACTOR shall ensure that any sublease agreement contains a provision making the sublease subject to all relevant provisions set forth in this Agreement, including provisions relating to insurance requirements and Indemnification. M. INSPECTION: 1. CITY may, but does not assume, the obligation to inspect the Buses at any time. If CITY asks to inspect a Bus, CONTRACTOR will advise CITY in writing of the location of the Bus and allow the inspection. If upon inspection, CITY determines that one of the Buses is damaged or there is excessive or unacceptable wear and use, CITY, in its sole discretion, will decide if the Bus may reasonably be repaired. If CITY determines a Bus is reasonably repairable, CONTRACTOR shall promptly have the necessary repairs ;made at CONTRACTOR's sole cost. 2. CONTRACTOR further agrees to pay for a third -party inspection of the Buses upon their return to CITY by CONTRACTOR following the expiration or termination of this Agreement. CONTRACTOR agrees to pay for all repairs recommended by the third -party inspector in order to restore the Bus or Buses to good operating condition and in compliance with the provisions of this Section 4. If CONTRACTOR cannot reasonably comply with its repair obligations within the five (5) day period for the return of the Buses as set forth above in Section 4(A)(3), CONTRACTOR shall notify CITY of the need for additional time. CITY, in its sole discretion, may grant such additional time as may be necessary to complete the repairs needed in order to return the Buses in good condition; provided the grant of such additional time is made in writing. CONTRACTOR's failure to return the Buses to CITY within the five-day return period absent timely notification to the CITY of the need for additional time shall constitute an event of default and a materials breach of this Agreement. 0 Contract No. SECTION 5. REFUELING SERVICES. A. BASIC REFUELING TERMS: 1. CITY agrees to provide all necessary personnel and equipment to refuel CONTRACTOR's natural gas operated vehicle(s) at CITY's Refueling Center at the times set forth in Section 5(C) below. 2. The vehicles authorized to use the Refueling Center are listed in the Vehicle Refueling List (hereinafter, "Vehicle Refueling List") which is attached and incorporated hereto as Exhibit "J". CONTRACTOR will instruct each of its driver using the Refueling Center to accurately enter the information set forth in the system when refueling CONTRACTOR's vehicles. 3. CONTRACTOR also acknowledges, understands and agrees that CITY's provision of natural gas shall be subject to availability and CITY does not guarantee CONTRACTOR a set or fixed supply of natural gas. In the event that CITY is unable to provide refueling services at its Refueling Center; CITY shall authorize the refueling of CONTRACTOR's natural gas operated vehicle(s) at an alternative location of CITY's sole choice. If CITY's CNG station is unavailable/non-operational, CITY shall reimburse CONTRACTOR for such refueling charges upon submittal of receipt or other documentation of refueling costs. B. VEHICLE REQUIREMENTS: As a necessary precondition to CONTRACTOR's use of the Refueling Center, CONTRACTOR agrees to determine the vehicle's exact fueling capacity and p.s.i. (pounds per square inch) rating (either 3,000 p.s.i. or 3600 p.s.i) and place such information on the inside of the door of the vehicles(s). C. REFUELING TIMES: Unless otherwise agreed to by the Parties in writing, CONTRACTOR's designated natural gas operated vehicles shall be authorized to use the Refueling Center Monday through Saturday at the mutually agreed upon times as set forth in the Refueling Center Hours (hereinafter, "Refueling Center Hours") which is attached and incorporated hereto as Exhibit "K". SECTION 6. STANDARD OF CARE. CONTRACTOR represents, acknowledges and agrees as follows: A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field; B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services; C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY; D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et 7 Contract No. seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; H. CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and City Representative at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by City Representative or their designee. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California. SECTION 7. FEDERAL FUNDING. At any time during the Term of this Agreement or any extension term thereof, CITY may secure FTA grant funding to supplement funding used to compensate CONTRACTOR for the services contemplated herein. To facilitate the CITY's ability to apply such funding to the services and tasks contemplated under this Agreement, the Parties agree to at all times comply with those specific federal statutes 0 Contract No. and regulations, as the same may be amended from time to time, referenced and described in the FTA Grant Requirements (the "FTA Grant Requirements") which are incorporated hereto as Exhibit "L". By its submission of a proposal in response to the RFP and by the execution of this Agreement, the CONTRACTOR acknowledges, represents and agrees that has reviewed the ETA Grant Requirements; understands the requirements, terms and conditions set forth therein and will comply with all such restrictions, terms and conditions; and will diligently keep itself of apprised of any potential changes to the FTA Grant Requirements and comply with the same. SECTION 8. REPRESENTATIVES. A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be INSERT CITE' REPRESENTATIVE (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Contractor Representative. For the purposes of this Agreement, INSERT CONTRACTOR REPRESENTATIVE, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. S RSONNEL A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks. B. 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 Work. 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 Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder. 9 Contract No. C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work. D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement. SECTION 10. ABANDONMENT BY C1 ceases to perform the Work agreed to unc undertaking contemplated herein prior to completion of any or all tasks set forth in delivery to CITY immediately and withou product prepared or obtained by CONTR/ Furthermore, CONTRACTOR shall only b( services, tasks and other Work performed less a deduction for any damp as a result of CONTRACTOR SECTION 11. PREVAILING W REPORTING. )`NTRACTOR. In the event CONTRACTOR er this Agreement or otherwise abandons the the expiration of this Agreement or prior to the Scope of Services, CONTRACTOR shall delay, all materials, record and other work ,CTOR in theperformance of this Agreement. compensated for the reasonable value of the up to the time of cessation or abandonment, it additional expenses, which CITY may incur )riabonnement. D GENERAL LABOR COMPLIANCE AND A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following: In accordancewith California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. 10 Contract No. 2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site. B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section. C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial , Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and Pavments. D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to; CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference 'between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein. E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law. F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the 11 Contract No. apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties. G. In accordance with the provisions of Article 5, (commencing with Section 1860), and Chapter 4, with Section 3700) of the California Labor Code, secure the payment of compensation to its employ and keep in effect adequate Workers' CompensE Liability Insurance. If CONTRACTOR, in the sole the CITY of the responsibility and capacity u Compensation Laws, if any, to act as self -insurer,"( in such case, the insurance required by this pai CONTRACTOR is advised of the provisions of Sec Code, which requires every employer to be insur Compensation or to undertake self-insurance in a( that Code and shall comply with such provisions Liability limits of $1,000,000 per accident before c the Work of this Contract. The Notice to Proceed w will not be issued, and CONTRACTOR shall r CONTRACTOR submits written evidence that Compensation Insurance coverage for all persons in carrying out the Work under this Contract. This it with the requirements of the most current a chapter 1, Part 7, Division 2 'art 1, Division 4 (commencing CONTRACTOR is required to .es and for that purpose obtain :ion Insurance and Employers liscretion'of the CITY satisfies ider the applicable Workers' ONTRACTOR may so act, and igraph need not be provided. on 3700 of the California Labor d against liability for Workers' ,ordance with the provisions of and have Employer's General mmencing the performance of th the Work under this Contract )t commence the Work, until t has obtained full Workers' Thom it employs or may employ 3urance shall be in accordance d applicable state Workers' Uompensation insurance taws. in accordance with tree provisions of Section I bbl of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records. H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the 12 Contract No. Division of Labor Standards Enforcement or by the CITY. SECTION 12. PROHIBITED INTERESTS. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. SECTION 13. INDEPENDENT CONT A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances,be construed or considered to create an employer -employee relationship or a joint venture. B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement. D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR. 13 Contract No. E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever. F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement. SECTION 14. CONFLICTS OF INTEREST. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONTRACTOR agrees that a clause substantially similarto this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement. SECTION 15. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. SECTION 16. REMOVAL OF EMPLOYEES OR AGENTS. If any of CONTRACTOR's officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall promptly removed by CONTRACTOR 14 Contract No. and shall not be reassigned to perform any of the Work. SECTION. 17. ASSIGNMENT. The Skills, training, knowledge and experience of CONTRACTOR are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment of transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement. SECTION 18. INDEMNIFICATION. A. To the fullest extent permitted by law, cost and expense, to defend, protecl CITY's elected and appointed volunteers, successors, and ass any and all damages, costs, e action, proceedings, expenses, nature whatsoever, including fe arising out of or in any way relatE in connection with the operation;' which results in, or is related to to, personal injury, bodily injury with the operation or maintenan OPERTAOR's officers, employer will misconduct of or the nea judg 's of n collect ;es, lia ACTOR hereby agrees, at its sole iify, and hold harmless CITY and ,s, attorneys, agents, employees, ly "Indemnitees") from and against ties, claims, demands, causes of cents, penalties, liens,° and losses of any accountants, attorneys, or any other costs e performance of this Agreement, including mance, or refueling of a natural gas vehicle injury to persons (including but not limited th) arising out of or in any way connected i natural gas vehicle by CONTRACTOR or ents, subcontractors or volunteers; (ii) the acts or omissions of CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers in the performance of this Agreement; (iii) the breach of this Agreement by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers; (iv) the violation of, or failure to comply with, any federal state or local laws, statutes, codes, rules, regulations and ordinances by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers; (v) damages, wear or other injury to CONTRACTOR's real or personal property in connection with CONTRACTOR's consumption and use of CITY's natural gas fuel or the utilization of CITY's natural gas refurling equipment or facilities; (vi) damage or injury to the real or personal property of this parties arising out of or in any way connected with the operation or maintenance of any CITY -refueled natural gas vehicle by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors, or volunteers; (vii) the emission of gases or other fluid or gaseous emissions (including without limitation hazardous emissions) from any of CONTRACTOR's CITY -refueled vehicles; any illness, sickness, disease or other physical ailment claimed or suffered by any officer, employee, agents, subcontractor, or volunteer who comes in contract with any natural gas consumed by CONTRACTOR or any natural gas fumes or vapors emitted by the same; any damages or economic loss arising out of CITY's inability or unwillingness to provide CONTRACTOR with natural gas when requested. Accordingly, the 15 Contract No. provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR's commitment to indemnify, defend and protect CITY as set forth herein. B. To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend Indemnitees from and against all liability, loss, damage, expense, cost of every nature arising out of or in connection with CONTRACTOR's performance of Work hereunder, or its failure to comply with any of its obligations contained in this Agreement, including those connected with the operation, maintenance or refueling of a natural gas vehicle by CONTRACTOR or CONTRACTOR's officers, employees, agents, subcontractors or volunteers at CITY's facilities. CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any, insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by CONTRACTOR to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. C. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. D. CITY shall have the right to offset against the amount of any compensation due to OPERTATOR under this Agreement, any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to pay CITY promptly any indemnification arising under this Agreement and related to CONTRACTOR's failure to either: (i) pay taxes on amounts received pursuant to this Agreement; or (ii) comply with applicable workers' compensation laws. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the 16 Contract No. IIiT : ill E. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. F. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement. G. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable' workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arisina under this Section. SECTION 19. INSURANCE. A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Ten Million Dollars ($10,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Five Million Dollars ($5,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 17 Contract No. B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR's 'expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automi endorsement naming CITY, its E attorneys, servants, volunteers, si All of the policies shall contain an be canceled or reduced except of CONTRACTOR agrees to require i to delete any exculpatory notice of cancellation im[ with regard to any notice )bile policies of insurance shall contain an ;lected officials, officers, agents, employees, accessors and assigns as additional insureds. indorsement providing that the policies cannot i thirty (30) days' prior written notice to CITY. is insurer to modify the certificates of insurance stating that failure of the insurer to mail written obligation, and to delete the word "endeavor" ns. H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers. J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses. 18 Contract No. K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement. M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice. N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience,insurer, coverage, or other special circumstances. SECTION 20. RECORDS AND 'INSPECTION. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work. CONTRACTOR shall maintain financial records and reports relating to funds received during the Agreement. CONTRACTOR shall maintain books, records, documents, and other accounting procedures and practices which reflect all costs of any nature expended in the performance during the Agreement. 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 four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event anv audit is required. S A. Termination for Convenience. By execution of this Agreement and following the provisions set forth on FTA Report No. 0105, the following provisions are in the CITY's best 'interest. CITY may immediately terminate this Agreement for convenience, and without cause by giving CONTRACTOR a thirty (30) days written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this agreement except for cause as provided under Section 19(B), below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished Documents and Data as defined in Section 20, below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide Documents and Date within fifteen 19 Contract No. (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the party of CITY pursuant to Section 19(B), below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section. B. Termination for Cause. By execution of this Agreement and following the provisions set forth on FTA Report No. 0105, the following provisions are in the CITY's best interest. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting; Party fails to cure the Event of Default within the applicable cure period or any extended cure, period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications. CONTRACTOR shall cure the following Event of Defaults within the following Within three(3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or 20 Contract No. Within twenty-four (24) hours of CITY's issuance of a Default Notice for any failure of CONTRACTOR to resume or restore transit service to its regularly scheduled places or times when such service has been halted, suspended or otherwise disrupted for reasons not attributable to CITY, if such service cannot be resumed or restored within 24 hours from CITY's issuance of a Default Notice, CONTRACTOR shall immediately submit to CITY a written request for additional time to restore service and such notice shall indicate: (i) reason(s) for the halting or disruption of services; (ii) what steps CONTRACTOR has taken to resume and restore service to its regular schedule; (iii) what steps CONTRACTOR must take to restore and resume services; and (iv) how long CONTRACTOR estimates it will take to restore/resume service to the CITY. In its sole and absolute discretion CITY may grant additional time for the restoration and resumption of regular service provided that no such extension of time shall exceed two conclusion of the first 24-hour cure period. days from the iii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default'" under this Agreement. Prior to expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 19(B)(1)(iii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period. If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "B" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY. 2. In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set under this Agreement (or the failure to timely perform or properly perform any such duty, obligation service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR and/or its employee's disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as it relates to CONTRACTOR, whether voluntary or involuntary; (v) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vi) CITY's 21 Contract No. discovery that a statement, representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect. 3. CITY shall cure any Event of Default asserted by CONTRACTOR within forty- five (45) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with the CITY's failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 3 above, shall be cured by CITY within five;(5) calendar days from the date of CONTRACTOR's Default Notice to CITY. 4. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension 'Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein. 5. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a, Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 6. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies: i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part; ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance; 22 Contract No. iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy. CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement. 7. In the event CITY is in breach of this Agreement, `' CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required, by this Agreement. 8. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether the same or other covenant, warranty, agreement, term, condition, duty or requirement is contained in this Agreement. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 9. The termination of this Agreement pursuant to any provision of this Section or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement. SECTION 22. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY. All Documents and Data shall be and shall remain the property of CITY without restriction or limitation upon their use of dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, 'lists, data compilations, documents or other materials developed and/or assembled by or on behalf of OPERAOR in the performance of this Agreement and fixed; in any tangible medium of expression, including but not limited to, Documents and Date stores digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all subcontractors and subconsultant working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement. SECTION 23. CONFIDENTIALITY. All data, documents, discussion, or other 23 Contract No. information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent of disclosure as legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any social media platform, magazine, trade paper, newspaper, television or radio production or other similar medium without the prior consent of CITY. SECTION 24. FALSE CLAIMS ACT. CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3729 et sew. and the California False Claims Act, Government Code Section 12650 et seq. SECTION 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANT. CITY reserves the right to employ other contractors in connection with the various projects worked on by CONTRACTOR SECTION 26. FORCE MAJEURE. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to 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 three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative 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 City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section. SECTION 27. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: City of El Monte City Hall — West, 2"d Floor 11333 Valley Boulevard El Monte, CA 91731 Phone: 626-580-2058 Attm (INSERT EPT) Director If to CONTRACTOR: Attn: INSERT PERSON OF CONTACT NAME Phone: INSERT PHONE 24 Contract No. SECTION 28. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. SECTION 29. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. SECTION 30. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall`` prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR. SECTION 31. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California. SECTION 32. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. SECTION 33. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. SECTION 34. EXECUTION. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 25 Contract No. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above. CITY OF EL MONTE, a municipal CONTRACTOR NAME corporation go Alma K. Martinez Name: City Manager Title: Date: in Richard Padilla Assistant City Attorney Date: Date: 26 Contract No. 1*:4: 1 Mrw_M CITY RFP 27 Contract No. 1*:4:11MitiM CONTRACTOR PROPOSAL 28 Contract No. r�r:�sr� COST PROPOSAL FOR FIXED ROUTE -ONLY 29 Contract No. I*:1:11=3ril Ia COST PROPOSAL FOR DIAL -A -RIDE —ONLY 30 Contract No. COST PROPOSAL FOR FIXED ROUTE — COMBINED 31 Contract No. 1*:4:11:111 m ;w COST PROPOSAL FOR DIAL-A-RIDE/PARA — COMBINED 32 Contract No. COST PROPOSAL FOR DIAL-A-RIDE/PARA PER TRIP (OPTIONAL) 33 Contract No. lW14:11 ]rm:w PENALTIES/LIQUIDATED DAMAGES FORM 34 Contract No. IW1110LIWIffiim VEHICLE IDENTIFICATION NUMBERS 35 Contract No. 4AIMLI1- 11WA VEHICLE REFUELING LIST 36 Contract No. 1*:4:11 M164A "REFUELING CENTER HOURS" 37 Contract No. 1W:4:1I:]kmFA FTA GRANT REQUIREMENTS 38 EXHIBIT H Fixed Route Driver Trip Sheets & Data Spreadsheets 9 q � \ 2 \ ,� \\�� ~\\ Q 12 Wlwff�j liml Bus Date-1 �0,muw; --I. !�)D-i AM DRIVER Day: PM DRIVER Mileage Leaving Yard DRIVER LOOP PAYING FREE ACCESS MOM= WKE FREE INITALS TIME REFERS1 RIDERS PASS 'rAPcA=s RIDERS RIDE/SHR WIC TOKENS Mileage 1st Stop Mileage Last Stop LEFT YARD Mileage Retum Yard I S.00; IRSiktO�OVEW=AM W "WLEAtE, T 1-" 2 6:50 LEFT ROUTETO FUEL• 3 7:40 I kRRIVEO @ FUEL PUMP L 4 8:30 INISHEDFUELING C7� 5 9:20 RETURNED TO ROUTE I 6:00: I- ELMON1YARD %1r APPL3CABE Ej � Zt E741- 7 11:00 .9 ✓ S 11:50 " nME 9 12:40 RRIVED @ FUEL PUMP ri-v � 1 14:20 WSHED FUELING 2 15:10 RETURNED TO ROUTE I "3 16:00 EL MONTE YARD OF APPLICABLE) ,217 4 1650 am, LOOPS 1 YARD 'M PAYTNO WDERS TOTALS RIDERS TFREE S COLLECTED RIDERS er E MILES JE RULES r-m 4- I r----------- I Bus '0, Date: AM DRIVER/ Day: PM DRtVER,,_, Mileage Leaving Yard ;,,�7v Mileage Ist Stop Mileage Last Stop /,/7 Mileage Return Yard f I EFT ROUTE TO FUEL ARWED @FUEL POMP INISHED FUELING c;7 RMRNED TO ROUTE�� 6: 00 EL MONTE YARE) (IF — APPLICABLE) 1 17- nr .EFT ROUTETOFUEL 19:10 kRRIVED @ FUEL PUMP INISHED FUELING RETURNED TO ROUTEI EL MONTE YARD (IF APPLICABLE) LOOPS ;H PAYING MOMS FREE RIDERS 3 COLLECTED 2, RIDERS -2. J/ :E MILES JE MILES IN WIN w Z 0 9 -j dr w w W 0: U. uj 0 0 w I ------------ to I CL to Q- (L Ix V. LLJ tu I- 1 c:A"> P, LtF QUS 0 14, w 0 0 z w < 5; VW) IWZ p n. Q Q sXY Q. W , T � a y o .+n n. O 1t Y 8*• %. —2 a p . . . . .a w tr qq � �„ "� & '�' • e , e � � .. d , F .F=. � Li a 8@ O r. .. a 4S • a k � h• S P- n ti 3ifti{ati3tCk9 31f10fidf33ND -`Ci 3lf14N'63N 31fB0'tl N50173A 3ldyati3ptMi4 3inos is aino—d11am 3.Ifb6mu 3lnalltAall3A 3Cnn4136fmNn Fri I - - Sat 2 91 %fo 9,00 98 It 0,00 89,40 05,00 0,42 040 Sun a 91 950 9,00 an f t 00160 80170 0,60 CAO Mon 4 131 1167 13.17 128,0 Is i29'50 VILOO 126k0 083 0.60 TuD 5 131 1167 13.17 128.0 to 120X0 129.20 12BAO 0,33 0.60 Wed 6 131 1167 13.17 128.0 Is 120.40 120.60 126.00 0.50 0.60 Thu 7 131 1167 13.17 128.0 16 00;60 i28l90 12610 0.50 0.60 Fd 8 131 13.67 13.17 128.0 to 120,40 128.60 126A0 0,33 0.60 Sat i si 930 6.90 oft 11 02,60 40,90 87130 4,45 1160 Sun In of 9,50 9100 ee t 1 09,61 es,00 86.61 0"118 LF10 hic" 11 131 13.67 13.17 128.0 16 127.40 126,00 124.00 0,67 0.60 1 12 131 13.67 13.17 128.0 16 13D.00 129.60 128.00 0,67 0.60 Wed 13 131 13.67 13.17 128.D to 128,60 128.20 12SAO 0.67 0,60 Thu 14 131 13,67 13.17 120.0 16 13D.10 120.20 125.60 0.67 O.DO Fri 15 131 13V 13.17 128.0 16 130.30 129X0 127.90 0.67 0,60 fiat i a 91: 9,60 0,00 es 11 $9.60 89A0 8410 Sul f? 9 9160 9,00 as 11 02 tD WAD 8610 010 2,10 Mon to i31 13.67 13.17 128.0 16 129,30 128.70 126.00 0.23 0.60 Tua to 131 1167 13.17 128.0 16 13OA0 12010 127.20 0.32 0.50 Wed 20 131 13.67 13A7 120.0 16 130.20 120,6D 120.00 OAS 0.60 Thu 21 131 1167 13.17 128.0 1s 130.60 130.10 127.40 0.32 0.50 Fri 22 131 1187 13.17 128.0 16 130.30 129,80 127.10 02 0.50 Sat 23 $ t 9.50 9100 as it 00,00 09,20 85,00 1100 7170 Sun 24 of SARO 9100 68 11 88.06 eake 16,10 Mon 26 13i 13.07 13,17 128.O 16 t3ZOO 130,50 12OAO 0.37 Lso Tua 26 W 43,67 13,17 1211,0 16 433.80 132.30 128.10 0.33 4.50 Wed 27 131 13.07 13,17 128,0 18 131.30 120.30 127.00 0.68 2.00 Thu 28 131 13.67 13,17 128.0 W 129,00 i2o.40 128.60 0.76 0.50 1'd 29 131 13.67 1117 128.0 16 429,40 1 &OO 124A0 0.42 0.50 Sat 30 91 9's0 gko as 11 SOA0 90,40 68,00 Sun 31 0 1 $.to 0,40 88 11 GSAU 8930 96,60 TOT 31 3630 368A 363A 3440 430 3,60330 3,479.90 3,39120 13,36 2180 DalCa 30 117.01 12,18 11178 lKel 14.33 L1630 i1e.00 1i3li1 0.45 OJ9 January-2i Deadhead TOTAL "TO RTV Deadhon 11ASSED Nibs i2a, Actual Aftm&l Actuaw d Hours Total Vehicle Whstfa OBVENUE I 5a NUO& flotoo, Houva 44 WhItIo 160 9,67 9,25 9.00 0126 2.00 3A0 10,26 9J5 1100 0,76 0,69 2.00 15,10 14-27 13,17 1.10 2.10 2.60 14.50 14-17 t3,17 1.00 L80 2.60 14.33 13,83 t3,17 0.66 2.20 2.80 14,75 14.25 1117 1,08 2,10 2.70 14AD 14.15 13A7 0.98 2.20 3t0 10.00 6,46 900 065 OAQ 144 10,16, 0,7? 000 0,711 3,00 2.00 14,50 13.63 13,17 066 4AO 3.60 14.60 13.83 1117 0.66 1.60 3.t0 14.60 13.83 1117 OAG 2.60 160 14,50 13.83 13A7 0.66 1.60 1.0 14A2 13.75 1117 0.58 1.20 ,4,70 iolco ioloo Uo 1,00 1,40 3,40 9,99 9,39 9100 01315 0,0 2.70 14,13 13.90 13,17 0,73 2:30 2.70 14A2 13A0 1117 0,63 1.10 2.70 14,23 1330 13V 0,61 1.40 2,70 14,27 13.95 13,17 0.78 0,90 2.70 14.28 14.06 13,17 0.89 1.20 210 10133 9,24 9.00 0124 2A0 ZVI %60 9160 Sao 0,60 100 IAO 14,00 13.63 1117 0.46 0.50 4,20 14,00 13V 13,16 0,51 (1.301 2.30 14A1 13AS 13117 0.28 1.70 2.80 14.72 13.97 13A7 0.80 UO 4.80 14BO 14.26 1111 LOS 2AO 2.40 0,50 9,60 1"00 0.60 0,80 230 C30 910 9,00 0.10 1,90 80.70 386,80 37145 35139 20.06 60A 2.09 1189 12.4E 1i.78 0.67 1.67 MISSED MISSES WSSED Total va"'t'nue Revewo THWS Passengers hiffes Houre (IOOP3) 2,20 61 42 3 Is t1:0 44 2S 3 0 $ 2.00 GO 07 18 1 i 5 $ 3350 63 46 14 1 3 $ 2300 its 85 a 19 2 1 3 $ 4250 too 84 54 1 26 2 3 $ 27.00 1.90 131 50 3 16 4 $ 2900 070 62 26 22 14 1 1s:00 t,40 2B 20 2 6 1 6 10 00 4b0 03 45 2 14 3 2 22.50 2.00 71 60 a 12 2 1 25.00 2.00 75 49 7 17 2 24.50 2,40 ol 60 7 12 1 2 2 30.00 OA0 95 71 2 20 2 2 $ 35,50 Vo so 49 1 7 1 24,60 1,30 w 40 314 6 t 7100 ZOO 76 58 6 0 1 3 20.00 Dot) 62 48 2 0 2 4 24.00 IJO 78 62 3 10 1 3 $ 3100 0,60 64 48 10 1 6 $ 24.00 0.0 92 65 2 23 2 $ 32.50 Zoo 38 30.7 1 It 1 U0 230 60 40 5 7 1 20,40 (1:10) so 44 2 10 2 4 $ 2200, (0.10) 0.01 0 84 62 4 17 3 1 t0) $ 81,00 1.00. 75 59 2 13 1 29.50 1,40 78 57 4 is 2 2 28.50 3,90 43 32 1 10 $ 10.00 0 49 4 12 $ 24.60 1,20 31 25 6 1 $ 12,60 46.8 0,01 0 2,007 1,464 102 381 7 33 so (o) $ 732.OD 1.0 0,00 0,0 66.90 48.60 3.40 12,70 0.23 CIO 2.00 (0) $ 24.40 Fri I Sat 2 Kit 0,03 6.57 a?'$ 11 6700 1 Uo Sun 3 0.0 S,03 0.01 V's t I G313 66,60 Mon 4 101.6 13,53 13,03 98.8 16 102.00 09,00 Tun 6 ioi,o 1153 13.03 98.6 16 99AO 09A0 Wed a 101.8 13.63 13.03 98.8 16 100.90 99.30 1111, 7 101.8 13.53 13.03 06.8 16 100.150 98.60 Fd B 191,13 13.53 13,03 00.8 IS, 08,70 98.70 $,it 2 69A SA3 a,$? 07,0 11 70,30 69 60 Sun to 691 9,01 6,87 67.s It FOAd 6890 Von 11 101.8 13.53 1103 USA IS 102,30 100.16 Tu^ 12 101.6 13.53 113,03 90.0 16 09,80 K to w 13 101.8 13.63 1103 08.8 16 99.60 98,00 Thu 14 101.8 43.63 13,03 08.8 111 101.00 100,30 Fri 15 101.8 13.53 13.03 98.8 16 101,00 09,70 Sat is Ka DA3 8,61 S718 11 69,40 61.40 Sun 17 H'it 9.03 8.67 fIr's it.. 7tm C19,50 Mon 16 101.8 13.53 13.03 98.8 16 101.80 99.70 Tutu 19 10118 13,53 13,03 98.8 to 98.70 OBAO Wed 20 101.6 13,63 13.03 06'8 16 99,70 Go.30 IN 21 10110 1363 13A3 96:8 to 101.50 99.70 Fri 22 IOLO 13.53 0103 08.6 to I0tA0 100.70 Sat 23 69'5 9103 Be? 578 11 68,10 6810 Sun 24 64'5 943 6.67 STI 11 fis I LN, a 69A0 Mori 25 101.0 13.53 1103 98.8 to 101.20 100,50 Tuo 26 101.8 13.53 13.03 08.6 16 10f.50 100.90 Wed 27 101.0 13.53 1103 98,8 16 10010 100.20 Thu 28 101.0 13.53 13.03 98.8 16 IoLoo 100.30 Fri 29 101.0 13.63 13.03 98.8 16 101'10 100.40 Sat 30 69:6 9,03 5,67 67,8 11 '71,10 68.08 sun 31 69.0... lix 9,03 01817 67A 11 GUO $1.60 TOTAL 31 2134 360.9 349,3 2654 430 2,710.60 2,670.70 DAM 30 01.113 12,03 11,04 80.41 1103 06-111 $5.32 07,60 SAO 97.20 95.30 0.33 96,30 0.93 96.30 64180 0,30 66'so alas 96.50 1,03 %.Io 0.63 06.10 0.63 07AO SAO 97:30 0.08 67,20 0.62 97.20 1.47 05.40 SAO 06.60 0.80 97.60 Uo 95.00 Uo 6630 K20 0.38 STIN) 0.30 98,20 0,37 07.60 0,58 97.60 0.35 97.70 0.30 KID 1,06 skio 2,690m 16.18 8030 0.54 1,60 0.50 2.20 lAo 1,90 0,70 1.60 2.20 010 0.70 0.70 2.20 2JO 0.60 0.40 1.80 0.70 0,70 0.70 0.60 0.150 0,70 0.70 2.60 31.0 1.04 January-21 Deadhead TOTAL NTT 010 Deadhea MISSED Mlias 12a ACtinil Act6*1 AtIval d hours Total veolclo vabittif newme 16a Milt$ Hours Ovum 14 valkle C26 s 3 0,36 3,6D XDQ Cal 9.20 0,97 U1 1,20 2,30 14.28 13.40 13.03 0.37 2.00 2,20 13;75 1175 13.0 0.72 2A0 4,00 1310 13:66 13.04 0.62 2.50 2,30 14.17 13.24 13.D3 0.21 3.20 2AD 13.02 13.92 11W 0.69 3.10 2A0 9166 1,26 867 DAI 010 zoo 9sb 51.26 R'87 0,36 0,90 3,60 15.50 14.47 13.03 IA4 1170 100 14.67 14.04 113.03 1.01 2.70 US, 14.33 13.70 13.03 0,67 2.0 2.00 14A3 14.03 13.03 IdOO 1,50 2AO 14.63 13.65 1303 0:02 2.10 5A2 9A2 &07 0.55 0.40 30 10,13 91 t 8.87 0,74 U0 ZW 15.00 13.53 13.03 0:50 2A0 2.70 14,50 U70 13.03 0.67 3,70 2.60 14,60 13,70 1103 0,67 2.50 2.10 14,50 t3.70 13,03 OV 2A0 2.70 14.50 13.70 13.03 oo7, 1.10 20 9.42 SA2 9.87 0,56 1.70 3,60 SA3 9A8 9,07 055 1,00 2.70 14.27 13,97 13.03 ON 1.30 2.70 14.10 13.73 43.03 0.70 0.90 2.70 14.33 13.75 13.03 0,72 1.60 210 14.05 13.70 13.03 0.67 1.50 2,70 14.07 1337 13.03 034 1.40 2M 10,34 9,29 8,87 0A2 1XQ 2,40 9,42 SA2 8,157 0166 U0 70,60 386.00 308A6 349,31 19,67 64.30 2.63 12.84 112.30 1 L64 0.66 1.01 MISSED MISSED MUSSED Tolal cAstf FREE ACtPSS TAP DIKE FREE WIJEEL TOKENS, MISSE FAREHOX floy,nue rUvahw, TRIPS Passenuots RIDERS ALDERS PASS CAAD)AIRRIER9 WS 014AIR 41 milvi "Oufs Loops) 0 1111DERS LOOPS HONDO INNON 61 153 2 29X0 2,2,D 47 31 A 3 6 ICU 1.30 70 51 6 11 5 $ 2&50 1.60 as 78 1 6 2 3 $ 35,00 150 (0,01) (0) 88 70 to 6 2 0 $ 35,00 2.50 08 go 2 6 $ 45.00 2.50 76 63 6 a 1 2 $ 3 L60 I so so 55 3 a 27,50 01" 40 33 6 1150 2'.30 69 68 3 $ 33.00 2170 07 83 3 11 1 $ 41.50 2.70 123 105 8 9 2 1 $ 52.50 iAO 06 76 6 6 $ 38.DO Lso 74 65 5 4 32.50 1,10 78 73 6 5 36,60 00 44, 4f 2 1 $ 2060 LOS 19 69 6 4 S 34,50 3.40 64 55 6 2 27,60 2.00 59 50 6 25.00 1.20 92 72 10 6 5 It 36.00 0.60 81 72 5 3 1 XDD 2193 46 46 6 2300 2,60 53 43 6 3 2140 L00 70 63 6 1 2 3L50 0.60 so 67 2 9 2 $ 33.50 1.30 96 71 6 8 1 $ 35,50 L20 96 83 11 5 1 3 S 41,50 1.10 44 41 2 1 $ 20,60 76 68 6 1 1 31„00 68 36 4 t4 2 5 0,40 63.10 (oXI) (0) 2,191 Ipi III 154 12 46 0 11 040.50 11,77 (0a00) (0.0) 73.03 62.70 170 5.13 0.03 0,40 1.60 0 S 3135 January-21 Deadhead Miles 12a Deadhoa WSSED WSSED d tiours, TOM Rovon", 153 ht"t 5 M'des sat 2 91„2 3 60 0,00 Ba 7 11 91,00 90,40 83,70 C67 C60 S;16 44 50 9,83 0X0 0183 1.30 Sun 3 9 L'r 0.60 Soco 691 11 B910 RUO 94,00 240 0,60 4,60 Soo 5A0 2,40 Mon 4 1302 13.67 13.17 127,2 16 130,60 129.1D 127k() 0»32 1.50 2.10 13.92 13.60 13A7 0.43 1"10 Tun 5 130.2 13,67 13A7 127.2 16 120,30 128.30 128,20 - 2A0 14.00 14,00 13,17 0.03 1,90 Wed 6 130.2 13.07 13,17 1272 16 128,60 127.30 125.70 0.33 1.60 11;60 13.90 13.57 13,17 OnIO 2,90 IN 7 11301 13,07 13.17 127,2 16 128,80 127:30 125.80 0,33 1,60 1.60 13.83 13.50 13,17 0.33 2.90 Fri 0 13U2 13.07 017 127.2 W 128,80 127.30 125.70 OAD 1,60 11.60 13.98 1158 13A7 0.41 2S0 Sal 0 91,7 SAID 9,00 O9,7 I i 09A3 ftso 87,00 2160 9, 60 9,10 koo 0.90 2.40 Sun 60 al 7 S50 3.00.68,7 11 $0,70 SOA0 67,40 613 0,60 2,70 9,67 0.34 9X4 0.14 160 Mon 11 130:2 13.67 1117 121,2 16 133,20 131.00 126,50 0,6,0 2.20 4.60 14,16 1156 13A7 0.39 (0-60) To, 12 130.2 13.67 13.17 127.2 10 129,90 120.30 126.50 0.63 0.60 2.60 14,13 13160 13A7 0.33 0.90 w i13 130.2 13.07 13.17 1272 16 129S0 120.30 125,10 0,33 0.60 2.90 14.02 13,69 13,17 OS2 090 Thu 14 130.2 13,67 13A7 Q7.2 10 110110 120.50 124.30 OV 0.60 5.20 14.02 106 13A6 Q09 0,70 Fri 15 130,2 13.67 13.17 127,2 10 130,00 12140 126.60 0.42 0.60 2.80 14,00 13,54 13A7 0.41 U0 Sat 16 OLF 9,60 0.00 08.1 41 SIAD 80110 86.60 036 2.10 2.30 066 SA 1 9,00 0111 ZOO Sun 17 all? 960 01,00 $017 11'.S3,20 89118 6670 0.81 CID 2,60 W,42 BAS 9,00 D 69 7,20, Mon 18 130.2 13.67 13,17 127.2 16 t3020 120.60 126.70 0.67 030 2.60 14.87 14.20 13A7 1.03 040 Tuo ig 130,2 13,67 13,17 127.2 16 129A0 128AO 125.60 0.50 0,70 2,60 14.67 14.17 13A7 1.00 US Wed 20 1130,2 1167 13,17 127.2 16 130.00 129.30 128.40 0.58 0.70 2.90 14A2 13.114 13.17 0.67 0,90 Thu 21 130,2 13,07 13A7 127.2 16 129.90 12910 128A0 0A7 0.70 2.80 14A0 13.73 13.17 0.56 Too, Fri 22 130.2 1167 13.17 120 10 12030 120.10 126.30 0.67 0.60 2.80 14.72 14,05 13,17 0.88 1,10 SM 23 011 9AQ 100 $617 11 KID Kso 87,70 0,26 0,40 240 %76 11150 900 0.50 L20 Sun 24 $11 0,60 0.00 As'? 11. SS00 0610 67,20 C62 210 1,60 10,36 5,64 91aft 004 100 Mon 25 1302 13,67 13,17 127.2 16 127.00 125,10 122.60 1-34 1.90 2.50 15.00 13.66 13A7 0,49 5,10 Taro 26 130.2 13.67 13A7 127.2 16 126.90 120,40 12160 OV 0.50 260 14.50 13.83 0.17 US $40 Wed 27 130.2 13.67 13.17 127.2 16 127.70 127,30 124.60 0.0 0.40 2.80 14:50 13.83 13.17 OXG 2,00 Thu 26 130.2 13.67 13.17 127.2 le 127.00 128.50 12210 0.67 0,50 310 14.50 13.03 13.17 0.66 330 Fri 29 130.2 13,67 13.17 127.2 16 129.10 127.60 125.20 0.67 TIN 2A0 14.50 13.43 13.17 0.66 2,60 Sal 3D SIJ 9 So 900 833 11 86.60 69.60 81.20 2,43 0160 9160 9.00 0,50 2,10 Sun 31 9117 95o 9.31....1817 11 90,30 KGO eo,lso CSS 010 2190 0,01 PAT 940 0, 6? 2,10 TOTAL 31 3621 368.4 363.4 3431 430 3,4$D.i0 3,402.60 3,378A0 14:04 26,90 84.20 396,62 $70.98 35139 17.59 68.40 Dall, 30 417.31 iZ2111 411.78 114,11 14,33 11C30 115.42 112.61 i0.49 0-88 211 12.85 12,37 10a 0.69 1.95 sara 0:20 1.00 1,50 1.40 1.50 Uo 110 0,70 0.70 0.60 2.90 0.60 1150 ZOO 0.50 1,60 0.00 0A0 0.90 1.00 U0 4.60 3,40 2170 4.40 2.00 C60 1100 62.60 1.75 rMSSED MUSSED Total CASH FR41! AGCVSS TAP 81KO Mli WHEK IOKENS NSSE PARER Neer TAWS Passengers RIDERS AIDEAS PASS CARDIR) RIDERS WS CHAIR 0 140m jtoops) 0 NOVAS LOOPS HONDO INNON 61 33 2 33 24 4 13,00 84 67 1 13 1 3 6 33.50 67 42 3 13 9 S 21b0 77 57 1 16 3 $ 28.50 76 55 2 16 2 $ 27.60 65 46 5 10 1 4 3 23.00, 24 17 7 S 8,60 21 17 3 % 810 70 42 0 14 1 6 S 2100 73 47 5 io 1 1 2 23.60 61 33 6 is 6 tu,w Dot 0 78 61 0 17 2 2 (0) $ 25,60 71 44 7 20 1 $ 22.00 43 36 a I $ 17,90 34 24 3 r I 1:... t 1200 61 47 11 1 2 3 S 23,60 70 53 1 12 1 1 4 $ 2&50 67 47 4 4 2 2 $ 2150 71 54 2 12 1 1 3 $ 27.00 61 311 2 16 2 6 $ 18.50 26 is 4 7 1 L60 34 26 2 6 3 11,010 43 30 10 F 3 $ 16.00 39 29 1 7 2 2 2 6 ll 4.60 51 36 5 a a 2 S WOO 59 39 4 12 2 4 $ 19.50 32 22 2 6 2 6 11.00 ST 41 4 9 1 1 $ 21.60 31 26 - 3 It 14,00 0.01 0 1,619 1,142 09 31s a 0 1 89 to) $ 671.00 0100 0.0 63.07 38,07 3,00 iUo 1.00 0137 2,30 10) $ i9,03 Fri i SA 2 72:5 910 9.00 76,6 11 13.10 71.B0 sum 3 72-6 9.40 9100 70,6 11 71,40 71.40 Mon 4 107 13.67 13.17 104 16 105.70 104.20 Tuo 5 101 13.67 13.17 104 IS iWoo 104.20 Wed 6 for 13,67 1317 104 18 105.40 103,90 Thu 7 to? 13,67 13.11 m is 105.40 103.90 I'd 0 107 13,67 13A7 104 18 105.50 104.00 sat 0 726 9.190 9.00 ?a4 fl 7210 71,30 5U'1a 48 72,6 9.60 9,00 70'6 11 72A0 '12 49 Mon 111 107 13.67 13.17 104 16 104.00 103,40 Tt" 12 107 13,67 13.17 104 16 1300 102 80 W 13 107 13.07 13.17 104 to 104,30 WAO Thu 14 107 13.67 13.17 IN 16 104.30 102.00 Fri 15 107 13.67 13,17 IN 16 104,60 103AO S,a 1 10 729 080 9A0 74.4 11 13,40 7140 Sun 17 72X 9,60 9.00 70,5 14 7L70 10,80 Mon 18 107 1167 13A7 104 16 104.20 104.20 Tun 19 loz 1167 13.17 m 16 106.30 104.20 Wed 20 107 1167 1317 104 16 106.30 104,70 Thu 21 IN 13.67 13,17 104 Is 106AI) 104.60 Fri 22 107 13.67 11117 104 16 106.70 105,10 Sit 23 721 9.60 t,40..70.6 11 73A0, 7200 Sun 24 72.6 e.90 6.00 70A 11 74,00 72630 Mon 25 107 13V 13,17 104 16 105,90 104.30 Tuo 26 107 13.67 13.17 104 16 IOUs 105.00, Wed 27 107 13.67 13.17 IN 16 106.60 105.10 Thu 20 107 13.67 13,17 IN 16 106,60 105.10 Fri 29 for 13,61 13J7 104 16 10530 104.20 Sat 30 72.5 9,60 5.00 70's 11 72,40 71,40 sun 31 726 9,60 9,00 76.5 I 1 73,00 7230 TOTAL 31 2865 308.4 353A 2786 430 2,039j0 2,709.80 Dail 30 96.60 12,28 iWo 92.83 14.33 000 03.33 63,953 - 102,10 0176 102.20 0.42 101 SO 033 101.70 0.42 totes 0.42 69A10 0,42 70,10 101.60 0.37 lotoo 0.35 100.00 0.35 101.10 U0 101.30 WI3 0,70 0113 U104 010 101.80 - 102.70 0.30 10160 US 102.70 0.30 103,30 0.35 70A0 0.30 $9,90 0.33 IoISo 0.33 102,60 027 102A0 Vs 102.70 0.33 101.60 0.35 45.70 OA2 SUO c 27 2,734.60 10.01 91.16 0.33 0 1.50 too 1.50 i'so 1.50 1.60 1.60 f.50 Uo t.50 1.50 U0 O'so 2.10 11.60 1.50 1.60 1,60 1.70 11.60 1.60 1.60 ISO 1.50 0.00 Vo 39.90 1.33 January-2i Deadhead TOTAL 41111 NTO Ocatihea MISSED Miles 12a Atitial Atlual AWAI d Hours Total Volilclo Whitle REVENUE, 16a Mks Hours trours 14 Votwide 2.30 9192 0:.14 V,00 0.34 030 270 6,60 0,66 t,00 0,60 0.40 2A0 14.50 13.75 1117 0.68 2.80 Zoo 14.00 1158 13A7 0.4 f 2.60 2.10 14.00 13.67 13.17 0.50 3.10 2:20 13.02 13.60 13,17 0.33 3.10 2.10 14.00 1158 1117 0.41 3.00 tac 992 9,60 0,00 0,90 110 Z110 SISO SA 0 9100 0160 Clio 1.60 14.00 13.01 11317 OA6 3.60 Us 13.92 13,67 13,17 0.40 4,20 1.90 13.07 13,62 13,17 0.45 4.20 UO 13.87 13,67 13A7 OAO 420 1.80 13.93 13,60 13,17 0.43 3.90 2,80 WAS W02 100 1,02 300 US 0,67 9.00 0A7 $Jo 2.40 13.70 13,70 113,17 0.63 2,80 1150 1337 13.47 13,17 0.30 2.60 to 13,70 I&SO 13.17 0.33 2.30 tee 13,78 13.48 1117 0.31 2.40 too 13.90 13,65 113,17 0.38 1,90 1,10 918, %20 0,00 0,20 060 2,40 SA o 5.617 9100 015E U0 2.40 14.60 14.17 1111 1.00 2.70 2.50 14.42 14.15 13.17 0.08 2,00 2.30 14,50 13.75 13,17 0.68 1,00 7140 14.42 14.09 13.17 0.92 1.90 2,40 14.42 14.07 1117 0.90 2.60 2.70 9,75 %31 UD 0,33 IAO 2 33 9,88 SAI $,Do 014f CAD 98.20 37948 $69,17 36140 15.77 66.2 2.17 12.64 0.31 11.70 0.53 2.117 &USSED MISSED MISSED Wal CASH FOOT' ACCESS TAP BIKE FREE WHEEL TOKENS MISSE, FAAVROX k4venuo rievemm TRIPS Passengers RH)FRS RIDERS PASS CARVIRI RIDERS M of[AIR 0 Nilies Haws jfaopt 0 RIDERS LOOPS RONDO INNON 611 47 6 4 2 67 6 3 6 3 I .00 87 76 3 7 1 38,00 1,80 68 65 1 2 32Z0 2.20 83 69 3 10 1 34,60 2.30 go 75 6 10 S VZO 2.10 W 83 6 10 3 $ 41.50 1,00 68 63 4 1 1 24,60 0,40 65 47 2 10. S 23,60 2AO 68 67 5 13 2 3 $ 3150 3.00 87 72 1 13 1 1 $ 36,00 3J0 63 68 7 0 $ 34R0 2.00 71 62 7 2 31.00 2.70 80 69 4 z 34,50 090 so 74 6 37,00 2,70 so 65 6 27,60 2.20 61 62 6 12 31.00 1.30 100 76 a 13 1 3 $ 38.00 1.20 101 74 11 15 1 1 1 $ 37.00 1.30 95 60 10 16 $ 34,60 070 go 74 9 15 6 37.00 0,40 43 41 2 20,60 0,60 96 47 1 6 2 3 23.50 230 70 57 10 2 3 28.60 to 93 78 5 10 i $ 3903 120, 65 78 3 6 $ 38.00 1 .30 83 64 3 13 3 $ 32.60 220 44 37 1 5 1 18.60 1,90 72 ell 6 5 30:50 ON 65 60 2 3 30.00 50A 2,307 I'vis fill 253 4.. 18 28 $ 958.00 1.68 76.90 6107 3.67 8:43 0.13 0.60 0.93 $ 31.03 Fill I sal 2 76 7 0,60 9,00 73,7 11 7TAo 7430 sun 3 IV EkAu 9.0 73.7 11 7&90 75,40 Mon 4 1109.2 1167 13.17 1101.2 16 100.80 100.20 Tua 6 109.2 1167 1117 1107,2 16 107A0 WAS vied 6 109.2 13,67 1117 107,2 16 110.20 108.70 Thu 7 109.2 13,61 13.17 107.2 16 11 too 108,50 Fit 8 1092 13.07 13.17 107,2 16 110-10 108,60 Sat It 761 0,60 0.00 73,7 11 75.10 76A0 sun i0 X? 9.50 $00 73.7 11 76.201 74,70 Mon 11 1092 13.07 13,17 107.2 16 1 'ISA0 113.50 Tv, 12 1092 13,67 13.17 107.2 16 109.00 1107.50 13 1092 13,67 1117 10712 16 109.20 10730 Thu 14 109,2 13;67 13A7 107.2 to IDUO 10T50 F6 Is 109,2 13.57 13,17 107.2 10 109,00 107.50 sat 16 70 9,60 9,00 1 3-? 11 77,70 ISAD Sun 17 763 SAO 900 10.7 I f 75,70 74"J0 Mon to 1092 1167 t3,17 107.2 16 108,20 W0.20 Tue 19 109.2 13.67 13.17 107.2 to i11.40 109,00 Wed 20 109.2 13.67 13,17 10T2 16 11030 108.80 Thu 21 109.2 13.67 13A7 107.2 16 109,60 108.0 Fri 22 109,2 13.67 1317 107,2 16 109.70 109.20 SO 23 70,7 1.50 9100 7317 11 79.60 78.00 sun, 24 76,7 9'5O 9,00 717 11 76,00 75,40 Mon 26 109;2 1367 13.17 107.2 16 108.30 108.30 Tuo 26 109.2 13.67 13.17 107.2 16 109.40 107.00 Wed 27 109.2 13.67 13.17 107.2 16 109,60 100A0 Thu 28 109.2 1167 13.17 107.2 16 1i0.20 IWAO Fri 29 109.2 13.67 13.17 107.2 16 109.80 108.20 Sat 30 7617 960 Olga 717 11 79,30 7Uo 5cm 31 1617 9,60 940 7317 11 7610 76,60 TOTAL 31 29611 368A 353.4 2881 430 2,996.30 2,020.00 Dall 30 98.31 12,28 1111A 98,03 14,33 08AS 97.63 12.10 0,17 72,60 0,33 100.40 0.67 104.60 106,80 0.50 106.60 0.67 1X3.70 0.67 7150 0.17 I09A0 0.33 105.70 0.42 105.00 0.33 10510 0.33 10530 0.50 73AO OA2 105.80 10.90 0.33 100,20 0135 106.30 0.37 106.40 0,37 ?6A0 013 7160 OX 105.90 106.00 0.33 105.20 0.30 Iw"yo 0.33 i08.30 0.32 7t,ao - 713 20 0,33 2,860.00 0.94 95,33 0.33 1,60 1.50 1.60 1,60 37.36 1.24 January-21 Deadhead TOTAL "TO MID Doadhoa WSSED Miles 12a Moat AtIall Attuat It Hours TOW V0111cla , Volikle AEVENUE 163 flouts Howe 14 Volifif# 2120 10,00 %V $kD Ut 2A0 2," 10,13 % Be 0.00 0191 1,30 ZOO 14.50 13.03 13117 0.60 DOC 2.50 14.00 14.00 13.17 0,83 2,10 1.90 14.50 114.00 13,17 0,83 0,60 1'.90 14.50 13.63 13.17 0,66 0.70 1.90 14.50 13.83 13.17 0.66 0,60 2,40 960 0.60 Son 0.60 1,60 1160 V, SD 9121 oko 0,21 100 5A0 14.25 13.92 13.17 0.75 (,L30) 1.60 14D0 13.58 13.17 0.41 1.70 1.0 14.00 13.67 13.17 0.50 1,50 1.70 14.00 13.67 13.17 0.60 110 1.80 14.0 13.58 13.17 0.41 130 Ua 9,02 9,60 too O'so IAA 2160 9,50 9,60 9'0o 0, W 1100 2A0 14.00 14.00 13,11 6,83 1100 4.00 14.34 14.01 13.17 0.64 (070) 2.60 13.97 13.62 13.17 0.45 OAS 1.80 14.00 113.63 13.17 0.46 1 10 1.60 13.93 43.56 13.17 0.39 LOG 1190 9,67 %34 0.00 0.34 jl,lq 1,60 9,59 51121 Uo 0,21 1,30 2A0 14,17 14,17 1117 1.00 (1.OW 1.90 13.85 43.62 13.17 0135 1 „30 2,90 13.03 13,63 13,17 0.36 IAO ILSO 13.87 43.54 13.17 0,37 0,60 1190 13.93 13.61 13.17 0.44 1.60 210 0125 9.25 2,00 016 12,401 2140 9172 9.39 9160 0.39 't,10 090 378.95 369.01 353A0 16,64 22.00 2.30 12,63 12.30 11.70 0.62 0.73 MISSEU MiSSED MfSSED Total DASH FREE ACCESS TAP DIKE I'M "Iffl- TOKENS MISSP FARESOX Revenue styermo TRIPS passonitals RIDERS R409RS PASS O DWAIRIDERS RIS CRAIR 1 0 bet" Houm (tnops) 0 RIDERS LOOP$ HONDO IN NO" 6 48 39 6 2 4 1 SAD,.. 41 36 3 2 4 $800 0.80 71 54 1 13 3 6 27.00 2.60 107 78 5 15 9 It 30.00 0.40 62 63 A 4 1 S 28,60 0.60 60 52 2 6 1 6 2600 0,50 77 65 5 a 1 32.60 10 i so 41 2 12 4 S 20 to Deo 41, 33 1 6 1 Wfo (1.20) 95 76 2 13 2 4 S 38.00 1.50 61 43 6 5 7 5 21.50 1.30 62 60 1 a 1 3 S 25.00 1.40 69 65 2 2 S 32.50 1,60 71 61 6 1 a S 30.50 0,10 4.4 39 1 6 1 2 3 0100 39 t 6 Tp'so 1.40 83 68 3 12 34,00 1.30 75 69 3 3 S 34.50 1.00 87 66 6 10 4 5 33.00 0.90 76 53 2 16 4 26.50 0.80 74 66 t 6 1 S 3100 12,40) 24 21 3 3 io,so M10 51 so 3 $ KOO 1.30 65 49 4 10 2 15 2,L60 1.20 60 45 4 V 7 $ 22.50 2.00 92 67 6 i0 1 33,60 0.50 83 57 4 Is 4 28,50 0.90 41 28 1 8 4 6 I4J60 13.i01 0 37 2 2 $ is so 0.60 62 42 1 It i S Vko 21.00 1,934 1,640 74 237 3 io 83 770A0 0,70 64.41 61133 2.47 7.80 0.10 0.33 2.71 5 26.67 SYST0h5 TOTAL. January-21 Dity Ogle SCHEDULE SCN80U SC)18001. SCHEDULE TOTAL ' TOTAL Hip 14TTa FU$L! FUEL Deadhead TOTAL NtO 14TO Iseadhea WS3Ft0 MMSED MISSED Mi5SEs3 Total CASH FREE ACCESS Tait" 13196 FREE WHEEL TOKEN$ MISSE FAR0110X i flTotat, Leo + E0 ; 11ROV0110 SFhadoTa, U'dldefit Actual : AcU441 Tittle h111„6S '. Milos 12a Minot A41041 Actual d Hours Te4u1: Revenue tdev ou* 'ttirPS:.. Passengers RI08R$ 1'1i08R$ PASS' CAITDJR1 RIDERS 1US CHAIR 0 filliea Tole] Rovehurt Milos a11bsps flilort y0000 FSt F121#8 Volitcto 17etot=o R Ntip- 15a taraien Stlke4 Hows poops) 13 RIDERS LOOPS flours flours 040eIt' Vehitio Hours ffounj4 WhIcle : 001400 INRON Fit 1 - ... .. -. .....,..v, Sal 2 4K70 47,03 44.47 389,70 68 396.30' 3S1.20 375,90 3A4 7.10 %30 49, 2 48.0E 44:01 2,01 1030 1780 227' 20 to 33 2 2 4 1 logo 5aou 3 461J0 47,03 4C87 350.70 68 337A0 "SAO 38060 1.13 1,70. €4:..60 40.68 4736 44:87 2.2d 6;30 310 222 1771 2t 23 1. :: 5 :4 .:. 5 90,00 Rion 4 570,20 68.21 6531 565.20 00 577.60 57L20 559,00 3.45 6.40 12,20 72.30 68.65 6531 3.14 0.00 6.20 _ - 4..11: 321 11. 62 2 •. 1 1:....7 - S 160,60 Too 5 579,20 66.21 65,71 565-20 80 570.40 560:20 5%60 0.75 2.20 1LN 70,25 69.50 65,71 179 1too 669., _ - $03 309 :10. 50 - - - 6 24 - $ 1500. Wad 6 570,20 68.2E 65171 565.20 00 574,70 56000 555,60 1.00 6.70 12:40 70,72 68,73 6632 3.01 lt20 9.69 (0.01) (0) 425 334 26 55 2 1 t0 0 $ 167,00 Thu 7 579:20 08.21 65.71 565,20 00 575.20 587,20 550.50 2.85 1100 1070 71.17 68.32 65.71 2.01 t2,00 830 a 407 326 12 63 - 2 6 $ 103,00 Fit 8 679,20 6821 65,71 565.20 80 572.54 567.40 556.70 t02 610 1t),70 70,60 69A6 65.71 3.35 11,80 6,50 403 315 24 50 3 2 14 If i57$o ;tat 4 40183 47.03 44,51' 38970 65. 40%30 3TC50 343,30 5,11 180 $120 48;50 47e33 4.4,47 2AS 5120 5,40 :.. 261 102 24 4.0 .. 1,.... ,:. 3 ::S $600 Sur 13 401.70 4703 44.32' 398.70 45 39920. 3T413 38300 L23 $Ao 10..20 40,29 47.45 44,87 2.t8 760 CeO .. ,. 158. 162: h 26 .. 2 3 2 m.. S 76.,00. Mon It 579,20 68,21 65.71 505.20 80 582,00 574.90 557.00 3.00 8.00 WAS 72.41 69.41 65.71 3,70 4,30 820 385 296 t0 57 - 1 - 7 14 $ 140.00 T� 12 579:20 68.21 65.7t 565.20 60 573,00 568,20 555.30 2.70 4.60 12.90 71.22 :00.52 65.71 2.81 I too 9,90 -. - 389 295 23 60..... 1 - 6 It _ $ 147,60 1t. :13 579.20 6&21 651t 565.20 :80 57teo 566.90 554A0 2,31 4.90 12.60 70,82 68.51 6531 2,00 12,50 10.0o - - 404 305 29 so, 2 - 2 12 -. $ 152...60. Thu 14 679.20 68.21 65.71 565.20 80 574.60 569.30 654,20 257 5.30 15.10 71:02 69.25 65.70 3,65 9100 11.00 0.01 0 385 314 22 41 - 3 - 2. 6 (0) $ 157.00 Fri 1.5 579.20 68.21 6531 565.20 00 575.00 569:50 558.�60 2,90 6.30 1030 7t26 68.36 65.71 ,2,85 :030 SAO - - 397 310 10 59 - 1 3 to - $ 15500 Sat 18 40170 47,03 44.47 363,70 56.. 401.60 396M 3al,70 4"10 6,60 14,30 49'..:35 4405 4481 3,18 b:79 7:00... .. - 308 269 2 34.. 1'., :.. 0. 3. $ 134•150,.:.. Sun 17 40170 47Al 44,87 388,70 83 40140. 333.Sa 2BLse :2.13 5180: 14,00 49,03 47J5 44':.,B? 2,8E 6,10 FAD »: ,.: 223 103 4 24 :, 2 .:. 1 2 1 95,60: Man t0 570.20 68.21 65.71 565.20 60 57370 570.30 657.50 2,37 3.40 12.60 71.70 69.33: 65.71 162 $.90 7,70 am 304 21 48 1 4 7 S 152,00 TUB 10 579:20 66.21 6511 56S20. 80 575.90 570.50 556,80 2.25 6.40 13,70 7L40 69.15 65.71 3:44 :070 8,40 - 371 301 :17 30 W 2 _. 3 15 -.. $ 1%50 Wad 20 570.20 68 2.t 65,71 565,20 80 576,50 571.70 55910 2.4E 4.80 12.60 70,90 63A4 65,71 2,73 7.50 6,10 . 382 209 30 30 - a - 6 14 _ $ 149.....50 Thu 21 679.20 68.21 65.71 66520 80 577.70 571.70 560....40 2.40 6.00 11.30 70,05 68.49 65.71 2.78 7.50 4.60 -. 397 290 24 69 - 2 - 2 18 $ 140,00 Fd 22 67020 68.21 65.71 505.20 80 677.60 572:90 661.10 2.4f 4.90 11.80 71.33 68,02 6531 3:21 6.30 4:10 406 314 10 63 3 10 $ 157.00 Sat 23 40170 47.93 44.8p" 380.70 68. 403,20 306,80 385.6E 2,05 6,40 11.20 4376 46,70 44A7 1,43 4.190 3:10 ». 07 163:: 4 1s 1' .. 4 8 7650. Sun 24 401..70 41,03 44:57' 388.10 65 39330 343.20 151.40 1A0 Clio:. ILoo 44A0 4? go 44,67 2183 $60 TAD -. „.. 246 206 t2 25 ... - :: w: <: 3 :: 103,010 San 25 670.20 6&21 6571 565:20 6o 674.40 580.70 657,30 2,34 5.70 11.40 71.04 69,60 65.71 OAS 10,50 7.00 308 243 6 45 1 5 14 - 11 i2150 Too 20 579.20 60.21 65.71 505.20 00 578.10 572.50 55080 L07 5.60 13.90 70.87 00.90 65.70 3.20 6.70 6,60 0.01 0 364 281 16 55 2 - 0 12 $ 140.50 Wad 27 570.20 68.21 65.71 665.20 6o 676:00 570.00 557.00 2.96 6.00 13.00 71,27 603E 65.71 2.60 9:20 8.20 389 309 22 53 3 6 S 164.60 Thu :28 679.20 68.21 65.71 565.20 60 574.70 569.90 556AD 2A3 4.80 13.60 7t50 69.13... 65.71 3 42 0.30 0.60 - - 309 300 20 63 2 - 3 10 - S: 150.00 Fri 29 570,20 60:21 65.71 $65.20 Ito 57510 569.30 555J0 2.06 6,80 14,20 71.60 69.54 65.71 303 9.90 10.10 204 160 7 30 7 S 80.00 Sat 30 401,70 4TA3 44A7 338.10 65 402AD 359,0•0 3aE0 1.47 3A0 12,20 48..;.34 48'..,.87 44,57 U4 2.74 1...:50. 310 258 1'.4 34 .. 1. >. 4- $ 129,Q0. 5u4 31 40L73 47.03 44,87 3K70 d8 3T5,50 364.90 332,70 0,05 3.60: 12,20 411;24 47,29 44,87 2142 $80 9:3* .. 237 140 1 3+4 .. <. 4 :5... $ TOTAL 31 16601,130 1834.60 1702.90 16191,00 2160 15609.6 16351.;.00 14967.10 64.12 ISSAS 383.90 1916.61 i8s1.48 i76zaa, 88,80 250.00 223.00 0.01 0 10,068 7,943 487 1,343 - :45 - 84 285 If 3,071;60 0al� 30 52043 6110 80,70 600,37 71,61 $Koo 61i.70 448.80 2.14 5129 12.80 03.86 SC72 68.76 2.96 8.33 7.46 0.00 0.00 335.27 204.71 16.23 44,77 1.60 2.80 9160 $ 132.30 1500.05 3422:Oo Total Weekday IOW740 1288.82 1237.22 10W9A0 1510,00 10905,20 10793.00 10507.90 44,62 112,40 265.90 1345.04 1300,42 4237.22 63.20 173,60 161,50 0.00 0.00 7060.00 5600.00 341.00 915,00 0,00 3t00 0.00 70.00 196.00 0.01 2804,00 Average 20 648.37 64A4 61.88 633A7 76.60" 846.31 $39,60 62C39 2.23 6,02 14.30 87,25 66.02 61.80 3,46 8.88 0.08 0.00 0.00 36100 200.40 17,06 451s 1.6E 3.60 9.80 0,00 ;$ 14020 Total Saturday 2316Ou 27214 202,94 2260,90 320.00 2302,20 2278,ta 2227,50 10,31 24A0' 318.80 266A0 276AS 262.63 12.36 33:70 33,30 0.9,1 Ul" 1688.00 1236'00 70 G 226.00 0,040 7100 o.00 SAD 4840 4Ai 518,00" Average 5 2008,60 64,57 52.67 462,16 04,00 404.44 466,02 44 .6o 106 4.82 10,12 6 10 $6.04 62.67 2,41 7,74 6.66 0.00 SAO ' 317.60 24710 16,60 46.20 IA0 LOS 9.60 (0.00) I$ 12169 Total Sunday 2316AC .272,04 262.64 2260.00 32010`0 2301,20 227910 223t.70 9J9 22,10 4340 28s,07 2760 26214 1104 .37J0 29A0 0147 0A0 1410.610 100,00 6890 202,00 9.00. 7.0e3 . 0AW 6.90 4Loo 0,00 64150. Average 5 40336 $4,67 62,67 462.1E 64.00; 460.24 46512 440N 1.84 4,42 9,4E $7,01 5618 6 ,67 2151 7A4 6,82 9,09 0.00 1 202,00 219,80 110 40A0 1.40 1.00 8.26 $ 109.00 S EXHIBIT Dial -A -Ride Driver Trip Sheets & Data Spreadsheets ElTTLTIP . MDAA.ROAR —7, TOTAL PASSENGER ,DAILYDRIVER, TRIPSHEET CLOCKOUTTWIR G TOTAL 013T 011TOWN TRIM SrIAWnN 9. "'XI ?,elt TOTALTRIPS 11 IT I L"4, L) DAY: T(YrAL R�IDIHRS "Y 9-00 "e`3 NAM& LASTD/O :kv C TarAt CASH PAYING RIDERS a. 14 IINDING (vaircil ESCOXT/ VCA E p '4'7OTALNOLOADS BE - R r EiFl filt TIME MILES lOtlis LUNCH TIME Miles lotlis TOTALCANCHIJS U LA RO F c U t)N CH TIM8 1 LlUNCH'IlMH 0 TOTAI. CASH FARES COLLEC'ITID 12 oe) NCH TfMg' ATqIIR LUNCII IN rueling loths e -19 TIME MILES TIME Wes 1OLlis MR T 'IINDJ * G &MILVAOR6 pump ESCORT/ OUTOP OUTOP W/C PAS4,1DII SCfiD]I/U ASAPP/U PICK-UP DRV- OOFF BEGINNING ENDING CAS PCA TOWN TO Iyu ADDRW D10 ADDRESS TIME TIME TIME Tjkiu ODON411TER ODOMETER RIDEF-f TOTOWN TRIP PASS, RIDIRIS HOR-P TRIPS RIDERS LENGTH MULES R :ov oll S o om V, lvl-, 0 3 O'li o.A c', /UV /n, 6.6 oJ hie 96j( 4,2 L 6 1-3 VS 70 o VV :g) OJ ., IVA 0 4k "-p 15"0 �e 16 `/s �ex 0 yo L q . a, p `... }p a JANUARY 7 SIGN TIME ODOM. TIME ODOM. TIME MILE TIME ODOM, BEGIN BEGIN END END BEGIN NEXI I TIME ODOM, VEH ON LEAVE LEAVE . LEAVE I LEAVE FINISH FINISH FIRST FIRST LUNCH LUNCH LUNCH LUNCH LAO PIC:KjlI] LAST LOT NAME HUM TIME YARD YARD TO FUEL TOFUEI PAJ PAI TIME ODOM TIME ODOM 0,11401 TIME )to OtO W DID H-Sorgsyan 4451 6:15 6:30 456702 7A0 45673,9 1 LOD 45698.8 11.-30 45701.4 10:39 12:00 16:15 46734,2 Afters 4461 *00 10:15 657 183 100 65722.5 1210 65735.5 1100 55730.7 1216 1315 11:07 65761,1 000 0.0 0.00 0.0 0.00 0.0 loo Uo 1400 00 Do 0DO,%L 111YIE MILE I TIME ODOM. IFAVE F1010SH FrMSIH �ETUW RETURNCASH TOFULL IUL4 FUEL YARD YARD !RIDER, %25 45735,0 9 17:20 55764.6 7 I'llo HIM, REV C014TPACT REV IN SERVICE FUE TOTAL VEK MILES TOTAL TOTAL TOTAL DEAD HTD TOTAL TOTAL THIS IlTD BILLED NTD DEAD TOTAL TOTAL ITOTAL VEH VEH. VEIL REV� ISTTO FUEL FUEL VEHICLE HEAD TOTAL LUNCH LUNCH 1ST LUNCH REV REV. REVENUE HEAD FUEL FUEL NUJ MILES MILES MILES LAST TIh1E MILE HaU6tS h11LES FIRS TIME MILES LAST TPAE HOURS HOURS HOURS HOURS IHMF MILE 4451 65.60 63.00 57.70 60,30 9,42 5.30 8,57 0,50 2,60 R25 US 7.90 8.75 7.90 0.67 4461 3530 32.50 254 X60 6.58 7.10 6A0 Uo 120 6.62 0.58 564 6.12 5.64 0,46 0 0 0 0 0 0 i063D- 83.1D -r--- ---T24fl 14,611 11,00 1 5.80 r 15.87 2.331 --k87 5fl 113.54 1.13 OUT OF TUT OF HIT) PGA TOWN TOWN NO WHEE TRIP PASS fOTAI DAILY -REE TRIPS IIDERISHOW' ANCE' fWfLENGTI- MILE TRIKFARE= 2 2 2 24A 24A 9 $ 6.60 1 11 i2.6 12,6 7 $ 3.60 TOTALS 16 1 0 1 0 1 2 1 2 1 1 1 3 0 1 STU 1 37.0 1 16 S 9,00 PASS PASS MILE MILE PASS NTO PER HTI) BILLED PER BILLED PER TOTAL TOTAL REV ilDTOTI REV 41 f) RE', PSGRS HIR, HK HR HR MILE 9 1.05 1,03 7.35 6.59 DAG 7 LIS 1,14 533 4.15 0,28 #DIVA)! 11DIV0 RDIVA)! 4DIVIO! 4DIV/0! 4DIVIO! 16 1'09 1.08 6.51 5.69 0.19 January-21 SERW.rt ELMOMECOALAnW fray VAN, TOTAL W10 TorAt Wo Deadhead VeNkloUdes VAkI.m&. fkww., Mile, Fri I Sat 2 3810 3100 2610 6.30 Sun 3 46AO 4510 3810 6A0 Man 4 187AG 171.30 157.40 13.90 Tue 5 117.60 11510 105.70 0.50 Wed 6 163.80 140.30 126.60 13.70 Zhu 7 101.30 95.50 83.0 12,40 Fri a 190,60 172.70 158.50 14.20 58.20 %20 6010 4.50 Sun to 44,50 42.20 36.20 6.00 Mon 11 150A0 134.60 122,20 12A0 Tuo 12 1,06.60 98A0 88,30 10AID Wed 13 152.30 142,90 122.00 20.00 Thu 14 96.0 88.80 78.40 10A0 Fd 15 14410 134,00 120.20 1180 Sat 1s 52.20 50.30 46,80 160 Sun 17 59.50 65,60 49.40 6,10 Man 1s 167,80 152.30 135,60 %80 Tue 19 182.20 16180 153.10 10.70 Wed 20 172.80 163.00 133.60 19.50 Thu 21 109.40 98A0 87.60 10.50 Fri 22 201.80 193.90 166.50 27AO Sat 23 28.00 %00 15.00 4.00 Sun 24 42A0 37.30 31A0 6.20 Mon 25 169.90 148.00 127.80 20.20 Tuo 26 171,70 149,30 12510 23.60 Wed 27 159.70 150.60 132,80 17.80 Thu 28 110,60 97.20 82.70 14.50 Fri 20 138,10 12110 10180 15.40 Sat 30 39.90 36AO 30.90 6.50 Sun 31 49A 41.50 34,00 7.50 TOTAL 31 3,46140 3,136.60 2,77180 362,80 iallyAve 30 116JI 104.55 92AG 12.09 Deadhead U110TOTAL timis PASSEUGER 3 4.58 4.03 3.92 3.37 0.50 1,05 U 0.66 9 9 3 12:6 14.5 8 4,60 6.55 6.55 6.00 6.00 0.22 1.30 - - 0,55 11 11 1 6 18.9 218 9 5.50 22.32 19,35 20A5 17.48 013 5.70 1.50 4.47 101 1.87 37 35 2 13 18 7 12 94.7 101.0 35 25.60 16,00 15.22 14.55 13.77 - - 1.00 1.78 2A 1.45 34 32 2 3 6 4 616 60.6 32 18,00 20.03 15.98 18.29 14.24 2.33 9,90 1.50 5.55 13.6 114 31 29 2 16 22 2 5 12 83.8 91.6 29 24.50 16.00 14.67 14,87 13.54 - - 1.00 2.33 SA 1.13 % 16 2 2 1 3 37.0 37;0 16 9.00 21.93 19.30 20A1 17.48 0,71 2,80 IM 4,13 15.1 1.82 39 37 2 16 21 4 9 Mo 98.0 35 24,00 6.77 5.97 6.20 5.40 0,15 1.00 0.50 1.30 2,0 0,57 11 11 1 2 118 17.6 9 5.60 6,92 6,17 5,80 5,05 - - MCI 1.25 2.3 1.12 15 15 3 2 211 25.6 13 7.50 21.55 16.43 %37 14.25 0.35 010 1.50 6.62 Ki 2A8 31 29 2 16 20 2 3 10 81,3 87.6 29 23,50 12,78 11.62 %64 10.48 1.70 3.80 1,00 2.16 4.4 114 21 21 2 2 2 2 1 40,8 40,13 21 $ 11,50 19.59 17M 16,43 14.47 - UO 2.96 9.4 MIS 31 31 13 16 4 6 85A 85.4 31 $ 23.60 104 1115 12.33 9.24 0,32 2,80 1.00 4.09 5.3 2.51 19 19 4 4 2 5 37.6 37.6 19 $ 11.50 20A0 18.85 17.67 1612 0,52 230 1,00 2,65 8.4 2,73 34 34 14 17 4 1 9 73,1 731 34 25.50 6.83 6Z 6.17 5.39 - - 0.50 1,28 1.9 0.66 14 14 1 4 19.1 24.6 10 S 7.00 7.81 6,73 7.12 6.04 0,27 0.90 0.50 IM 3.1 0,69 18 18 2 4 2131 31.1 16 9,00 23,5 1 19,81 21.03 17.33 1.33 2.00 1.50 5.20 12.6 2A8 33 33 15 19 2 3 10 82A 83.6 31 26.00 17.33 15.60 16,40 14.67 0.69 3.80 1.00 2.83 14.6 0.93 29 29 6 6 2 6 69.0 69.0 29 $ 17.50 21.63 18.30 19.00 15.67 0.68 3.00 1.50 4.83 16.8 2,63 29 29 14 17 3 7 83,0 85.1 28 $ 2100 15,63 13,79 14,09 12,2.5 0.43 UO 1.00 2.84 10.1 IM 18 17 1 5 6 3 3 1 461 51.3 17 $ 11.00 22,29 20A5 17.34 15,50 IM 160 1.00 2,84 4.3 05 33 33 19 19 2 7 6 94.1 94.1 33 $ 26.00 6.17 4.05 5,25 113 0.08 0,50 2,62 9.0 0,92 5 5 1 3 8.0 8,0 5 2.50 6.30 4.55 5.67 3,92 0.62 VO 0.50 2.25 3.1 0.63 10 10 1 3 4 153 19.8 8 .5.00 22,50 18.70 19.98 1GA8 ON 4,60 1.50 6.30 17.3 2,52 28 28 15 15 2 4 7 67.1 67.1 28 $ MCI 22.44 19,90 20.49 17.95 033 - 1.50 4.04 22.4 1.95 37 35 2 4 4 1 4 2 70.2 75,9 35 $ 19:50 21.14 18,39 19.08 16.33 ON 310 1.50 4.25 5.4 2.013 33 $3 12 15 2 8 87.0 87.0 33 $ 24.00 20A6 16.96 17.26 13,76 0,20 1,70 1,50 6,00 11.7 120 21 20 1 3 5 2 3 2 43.3 45.9 20 $ IHO 22A4 17.51 19.94 15.31 0.52 4.10 1.50 6A3 12.8 2.20 23 23 12 13 1 6 6 61.0 64.9 21 S W00 6,50 5.47 5,92 4.89 - - 0.50 1,53 3,5 0.58 12 12 1 - 1 18.0 20 6 10 s IBM 6.62 5.72 6A0 6.20 0.35 2A0 0.50 MO 5.5 OM 14 14 - 2 2 21.0 25A 12 $ 7.00 469.66 396.40 408A7 344,31 14,82 63.60 30.00 04.10 253.20 61.09 696 682 - 14 203 246 39 96 127 1,657.4 1,647.6 666 $ 458.60 15.32 1131118 13A2 11.48 0,49 2.112 too 3,14 0.44 1.70 23.20 22.73 0.00 6A7 6.77 8,20 1.30 3,20 4,23 61,91 54.02 21.07 $ 116.28 394AI 340.11 350.32 295.02 13,13 66.60 26.60 79.90 217.60 44.19 677,00 663,00 14.00 203.00 246.00 34.00 69.00 1112.00 1.382,90 1.436.60 656 s 399.00 SERtiKEs fLLANT VALARM SATMAYSMWE &HaX ' !QSiY xrsrrl.vEnuk 6aidd #Y�::i. ,aloe tieadntnd CantrmtlYtAc taada rdatAl tiR,.ktnit�vtnur $a#Be fug Cu[4 carrell x . P34te 0.,:Gtd�ll ,. llti�:5.dJP.CYf G¢aahaad� 1fr@30rf+e CA'S1I r9aEn9 fS�3C6kf t'Ch - rsurup buY Of arsY SlCCFS"+f , cry)reec IAIEEG Kl§rP LEriGPll rtTD Pi55w aatE..F',5 TttTb§LTnOB PARE x �d14s S,l#Fk4 nR zero ltntx Wsh4;ra00uis tkA*'",m'e^A Vthkle9irv€S '�, #ery1ha"r. ! A1rAtr 4+n.v$ lcsun t'ia'R U94 to Idmuis PASSrt1aER9 rniF TQtYtI "fitpM 10,01 EIiETaR ivtl,kh lAt kl,'; '. Vilw3v m trs trims Fn, 1 Bat 2 38.20 33.00 26.70 6.30 4.68 4.03 3.92 3.37 0.50 1.05 5.20 OU 9 9 3 12.60 14.50 B S 4,60 Bun 3 Mon 4 Tuo 5 wed 5 Thu 7 Fri a Sat 0 58,20 55.20 50.70 4.50 6,77 5.97 6.20 5.40 0.15 1,00 0.50 1.30 2,00 0,57 1i 11 - 1 2 13,80 17.50 9 5.50 Sun 1D +lost I ruo 12 Wed 13 Thu 14 I'd 15 Sat 16 52,20 50.30 46,80 3.60 6.83 6,05 6.17 5.39 0.50 1.28 1.90 0.66 14 14 1 4 19.10 24.60 10 S 7.00 Sun air Mon to Too 19 Wed 2€I Thu 21 Fri 22 Sat 23 28.00 19.00 MOO 4.00 6.17 4.05 5,25 3.13 0.08 0.50 2.62 9.00 0.92 6 5 1 3 8.00 8.00 5 S 2,50 Sun 24 Pion 25 Tun 20 Wed 27 Thu 28 I'd 29 Sat 30 39.90 36.40 30.90 6.50 6:50 5.47 6,02 4.49 0.50 1.53 3.50 0,58 12 12 1 1 18.00 20.60 10 S 6.00 Bun 31 TOTAL 6 216.5 103,9 170.1 23.8 30.86 26.67 27.46 22.18 0.23 1.0 2.60 7.78 21.6 3.39 51 51 - .. _ 3 11.00 3.00 71.50 8610 42 $... 25.50 W4A- 6 43.30 30.70 34.02 436 0.1:7 5.11 6,49 4:44 U6 0.20 0,60 1.56 4.32. 0.68 10.20 10.20 0.00 0.00 0.00 0.00 0.60 2:,20 0.60 14.30 17.04 8.40 $. 5.10 Stnvaet, ttkG'rrEMALANDE auWAYSarnce DAY Osra iCofA§.Vaiakra krA0..r lre'ti&d0.r tdtEt d➢as4htad. Conuaer'reT'rA.i Y+¢'w4'&iA@Ar, rJd4#.Fii n.YdnvA kin f[7CL @'9FEL CYit.071 80A;+k.��a..kd #rra#4.h'Cir IYtadhead Tatra lOTAIL CASIt Mi9tVi$ tSGb[ai PePa 4$47d"4aF aU4F I¢Ct S1tO5"f eflMiCfl 4'8lIEEL TRiP teraurtl trl6 pv+SSiµAtS BOdT<i,TrtlpS F n tSlS r e x '. ICU s L"A`�+9�e MA r.liSrs Ythkutlkbrs 'y"a".Ac §#a.ww 4`ddjklal6awa iY).t Wb4U'& ! `4kslhe ldar6 iCOl3ii 9tL »"i� t*!&ts Mtava PA89E13C1ER6 ffiriE Ttfi°+"Pd TfGP4 ipYM, Crthltt Vot"t Fri 1 sat 2 Sun 3 46AO 45.10 38,70 6,40 6.55 6.55 6.00 6.00 0.22 1;30 - - 0.55 11.0 11.0 - 1.0 6.0 18:90 23.80 9,0 5.50 Mon 4 Tua 5 Wed a Thu 7 Fri a Stet 0 nn 10 44.60 42.20 36.20 6.00 6.92 6.17 5.80 5.05 0.50 1,25 2,30 1:12 15.0 15.0 _ _ 8.6 2.0 21,10 25.60 13.0 T.50 Mon 11 Tuaa 12 Wart 13 Thu 14 Fri 15 Sat 16 sun 17 59.50 55,50 49.40 610 7.81 6.73 7.12 6.04 0.27 0.90 HO 1.58 3.10 0.69 18.0 18.0 2.0 4.0 26.70 31.10 16,0 9.00 Mon 16 Tun 19 Wed 20 Thu 21 Fri 22 Sat 23 Sun 24 42.10 3T;30 31.10 6.20 6.30 4.55 5.67 3.92 0.62 1.70 0,60 2,26 3.10 0.63 10.0 10.0 - 1.0 3.0 4.0 15,30 %80 &0 5,00 Mon 25 Tua 26 Wed 27 Thu Zit Fri 29 Sat 34 Sun 31 49.10 41,50 34.00 7.50 662 512 6.10 5:20 0.35 2.10 0,50 1.40 5.50 0.52 14.0 %0 2.0 2.0 21,00 25,40 110 7.00 YOYhL 5 241,60 221.60 189.40 32.20 34.20 29.72. 30.69 26,21 1.46 6.00 2.00 6.48 14.0 3.51 68 68 •. 2 16.00 12.00 103.00 125.70 68 $ 34.00 e.11A- 5 48.32 44.32 37.88 6.44 6.84 5.94 6.14 6.24 0.29 1.20 0.40 1.30 2.00 0.70 13.60 13.60 0.00 0n00 0.00 0.00 0.40 3,20 2.40 20:60 26.14 11.60 8 6,80 EXHIBIT J Department of Labor Letter of August 10, 2012 Office of Labor -Management Standards, U.S, ���a�'�:iueeil of Labor Washington, C.C. 20210 August 10, 2012 Re: EMPLOYEE PROTECTIONS REFERRAL OF PENDING FTA GRANT APPLICATION Los Angeles County Metropolitan Transit Authority On Behalf Of. - Antelope Valley Transit Authority Dial -A -Ride Voucher Program; Purchase (3) 45-Ft Buses for Commuter Expansion City of El Monte JARC Operating Assistance for Sunday Service; Purchase (1) 32-Ft Bus for Expansion . City of Pasadena JARC Operating Assistance; Purchase (1) 32-Ft Bus to Increase Service Frequency City of South Gate JARC Operating Assistance; Purchase (1) 27-Ft Bus for Expansion City of West Hollywood Operating Assistance for Rush -Hour Express -'Flash"; Purchase (3) 30-Ft Buses for Expansion FAME Assistance Corporation JARC Operating Assistance; Purchase (2) 15-Passenger Vans CA-37-X 171 Dear FTA Applicant and Union Representative: In accordance with Federal transit law, 49 U.S.C. 5333(b), the Department of Transportation has referred to this office the above -captioned grant application(s) and has requested the Department of Labor's (Department) certification that the required employee protective arrangements have been made. As required by the Department's procedural Guidelines, 29 C.F.R. Part 2 Dispatchers Association (ATDD/BLE), the Montebello Bus Operators' Association, the Montebello Mid -Management Association, and the Montebello City Employees Association, shall be considered third party beneficiaries in accordance with condition four (4) below. The City of El Monte accepts the terms and conditions of the UPA FAME Assistance Corporation The January 3, 2012, Unified Protective Arrangement (UPA) provides to transportation related employees in the service area of the above listed projects protections satisfying the requirements of the Federal transit laver, 49 U.S.C., Section 5333(b). The employees in the service area of the FAME Assistance Corporation represented by the Amalgamated Transit Union (ATU) Local 1277 (at LACMTA and Long Beach), the Transportation Communications International Union (TCU), the United Transportation Union (UTU), the International Brotherhood of Teamsters (IBT), the Association of Los Angeles Deputy Sheriffs (ALADS), the American Federation of State, County and Municipal Employees' (AFSCME), the International Brotherhood of Electrical Workers (IBEW), the Brotherhood of Locomotive Engineers (BLE), the Service Employees International Union (SEIU), the Southern California Conference of Carpenters (SCCC), the American Train Dispatchers Association (ATDD/BLE), the Norwalk City Employees' Association, Local 1957 (IAM), the Montebello Bus Operators' Association, the Montebello Mid -Management Association, the Montebello City Employees Association, and the Downey City Employees Association (DCEA/LIUNA), shall be considered third party beneficiaries in accordance with condition four (4) below. FAME Assistance Corporation accepts the terms and conditions of the UPA City of Pasadena - PARTS The January 3, 2012, Unified Protective Arrangement (UPA) provides to transportation related employees in the service area of the above listed projects protections satisfying the requirements of the Federal transit law, 49 U.S.C., Section 5333(b). The employees in the service area of the City of Pasadena, represented by the International Brotherhood of Teamsters (IBT), Amalgamated Transit Union (ATU) Locals 1277 and 1756, the United Transportation Union (UTU), the Transportation Communications International Union (TCU), the Association of Los Angeles Deputy Sheriffs (ALADS), the American Federation of State, County and Municipal Employees' (AFSCME), the International Brotherhood of Electrical Workers (IBEW), the Brotherhood of Locomotive Engineers (BLE), the Service Employees International Union (SEIU), the Southern California Conference of Carpenters (SCCC), and the American Train Dispatchers Association (ATDD/BLE), shall be considered third party -3- X UPA REFERRALS There are no previously certified negotiated, adapted or determined protective arrangements to be applied to the pending grant as described in 29 CFR 215.3(b)(1). Accordingly, pursuant to 29 CFR 215.3(b)(2), the Department proposes to apply the terms and conditions of the December 23, 2008 Unified Protective Arrangement referenced. in Attachment A hcreto. 4 Questions with regard to whether a union, and the employees they represent, should be considered a third party beneficiary to the arrangements must be raised during the 15-day review period for this grant, or the Department's certification will specify that the employees, or their representative on their behalf will be considered third party beneficiaries. As the project representative in the Division of Statutory Programs responsible for processing this certification request, I am available to provide any assistance you may need. I c4n.be reached by phone at (202) 693-1227) by FAX at (202) 693-1342, or by e-mail at MarchantJ@dol.gov. Sincerely, J. Douglas Marchant Project Representative Enclosure Please Note: All written communications relating to this application are to be copied to all relevant parties including, at a minimum, the parties identified in this referral and the Project Representative identified above. 3 This referral is for new applicants, applicants'xqth new unions in the service area, or for applicants which do not have protective arrangements subject to a recurring referral. 4 Copies of the December 23, 2008 Unified Protective Arrangement can be accessed on the Department's website at http:liwww.,dol.gov/esa/olms/regs/cc)mpliaiiceltransit/6 UPA-12-23-08.htm or may be obtained by contacting the Department at (202) 693-0126. This arrangement was developed by the Department pursuant to 29 CFR 215.3(b)(2). I .of assistance to a Recipient, that each Recipient agrees to the terms and conditions of their respective arrangements referenced herein. This certification letter and the corresponding protective arrangements shall be incorporated into the contract of assistance between the LACMTA and the U.S. Department of Transportation (DOT), by reference. The LACMTA shall incorporate the terms of this certification into a contract with each Recipient of funds under the grant, as.a precondition to the release of assistance to the Recipient. These terms and conditions provide to transportation related employees in the service area of the project protections satisfying the requirements of 49 U.S.C., Section 5333(b). Accordingly, the Department of Labor makes the certification called for under the statute with respect to the above Recipients under the instant projects on condition that; l . This letter and the terms and conditions of the above protective arrangements, shall be made applicable to the instant projects and made part of the contract of assistance between LACMTA and the U.S. Department of Transportation, by reference; 2. As a precondition to the release of assistance to each Recipient, this letter and the terms and conditions of the respective protective arrangements referenced above, shall be incorporated into the contract of assistance between LACMTA and the Recipient, by reference; Any dispute or controversy arising regarding the application, interpretation., or enforcement of this provision which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or controversy first arises, may be referred by any party to any final and binding dispute settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for a final and binding determination; 3. The term "project" as used in each of the above employee protective arrangements shall be deemed to Paul Adams, Project Manager City of South Gate - The Gate 8650 California Avenue South Gate, CA 90280 Ph: (323) 563-5478 Perri Goodman -5- Email: Padamsci,sogate,org City of West Hollywood Department of Transportation - CityLine 8300 Santa Monica Boulevard West Hollywood, CA 90069 Ph: (323) 848 6400 Email.: pgoodmanrrweho.org Unions (w/copy of grant application): Jessica M. Chu, Associate Counsel Legal Department Amalgamated Transit Union 5025 Wisconsin Avenue, NW Washington, DC 20016 Fax: (202) 244-7824 Phone: (202) 537-1645 Referrals: By E-mail Mary Kay Henry, President Service Employees International Union 1800 Massachusetts Avenue, N.W. Washington, DC 20036 Fax: (202) 350-6614 Phone: (202) 730-7000 ext. 7301 Email: tonka.bradley@seiu,org Bonnie Morr, Vice President c/o Cara McGint United Transportation Union/Bus Department 24950 Country Club Boulevard, Suite 340 North Olmstead, Ohio 44070 Fax: (21.6) 228-0937 E-mail: (c mcgin a,utu.or ) Ray Mathews Norwalk City Employee's Association 319 West Broadway Long Beach CA 90806 S FAX: (562) 435-3886 E-mail for referrals: new.iam(cc?verizon.net 6 and absent mutual agreement to utilize any other final and binding resolution procedure, any party to the dispute may submit the controversy to final and binding arbitration. With respect to a dispute involving a union not designated above, if a component of its parent union is already subject to a protective arrangement, the arbitration procedures of that arrangement will be applicable. If no component of its parent union is subject to the arrangements, the Recipient or the union may request the American Arbitration Association to furnish an arbitrator and administer a final and binding resolution of the dispute under its Labor Arbitration Rules, If the employees are not represented by a union for purposes of collective bargaining, the Recipient or cmployee(s) may request the Secretary of Labor to designate a neutral third party or appoint a staff member to serve as arbitrator and render a final and binding determination of the dispute. Digit'llysl"M by _ ' Lynetle5hdlan DN: cn=Lynette �Shellors, o=DSP, - u-OUAS, emal=sh4-nI"el .- -te,�doi 9ov, d=US Date'.201 MSA 0 0831101 -"OD' -7- Keith Uriarte, Organizing Director AFSCME Council 57 Local 101 1900 Embarcadero, Suite 305 Oakland, CA 94606-5300 Phone: 510--436-2207 Email: keith.uriart a,ca.afscine57.org Steve Remige, President Association for Los Angeles Deputy Sheriffs 2 Cupania Circle Monterey Park, CA 91755 Phone: 323-213-4005 FAX: 323-724--0140 Gordon Hubel Email: sremigea,alads.org Contract Administrator Southern California Conference of Carpenters 533 S. Fremont, Suite 41.1 Los Angeles, CA 90071 Phone: (213) 738-0857 FAX: (213) 532-3735 Email: ghubel a swcarpenters.or Richard Edelman O'Donnell, Schwartz & Anderson., P.C. Counselor at La-w 1900 L Street, NW, Suite 800 Washington, DC 20036 Fax: (202) 429-8928 Phone: (202) 898-1824 Email: Barbara Zibordi (bzibordoa,odsalaw.com) Richard Edelman (redelmq a,odsalaN�t.corn) Robert Shore (rshorenodsalaw.com) Representing: American Train Dispatchers Association Brotherhood of Locomotive Engineers (BLE-T) /IBT Transport Worker Union Rail Division Jennifer Wozniak Laborers International Union of North America 3440 Wilshire Boulevard, Suite 835 Los Angeles, CA 90010 Ph: (213) 380-6678 Email: jennifer0aliuna777.org cc: Downey City Employee Assn, Thad Phillips c/o fredn�liuna777.or EXHIBIT K City's "Reasonable Modification I Accommodation Requirements" City of El Monte Public Works Department Transportation Services Division Notice of City of Ell Monte's Transit/Paratransit Compliance with New Reasonable Modification / Accommodation Requirements The Federal Department of Transportation has published a new regulation concerning the obligation of transit agencies to provide reasonable modification of policies or practices to accommodate the needs of individuals with disabilities. This new regulation has the potential to impact every City of El Monte employee that comes into contact with our customers with disabilities. The regulation (49 CFR Parts 37.169) provides that customers with disabilities may request a reasonable modification of our policies and practices in order to use our services. This new regulation is not designed to make our services more convenient to us but is specifically designed to assist those that may be unable to use fixed route services without a modification or accommodation of a City of El Monte transit or paratransit policy. It is anticipated that many of the situations that may arise are already covered in El Monte's many guides for Bus Operators. For example, some customers with disabilities request that the Bus Operator handle their fare as they are boarding a City bus. El Monte's policy already addresses this request by requiring that Bus Operators provide such assistance. This is a good example of a potential accommodation successfully addressed by El Monte's existing transit and paratransit policies. Reasonable Modifications / Accommodations Request Process Customers with disabilities are encouraged to request a reasonable modification of a City of El Monte policy in advance. Requests should be made to the City of El Monte's Transportation Services Division by email at transportation@el onteca.gov, by telephone at 626-580-2217 or by mail at 3990 Arden Drive, El Monte CA 91731. In many cases, however, Bus Operators or other frontline staff will receive the request for a reasonable modification of a rule or policy while in service. Bus Operators must contact the Bus Operator Committee (BOC) before authorizing a request for a modification of a City transit/paratransit policy or rule. The City of El Monte's Bus BOC will review and determine if the request for an accommodation or modification is provided. Operators and other frontline staff will not be responsible for making such determinations. Other frontline staff should contact their supervisor for information on how the request should be handled. Denial of Requests for Reasonable Modifications / Accommodations Requests for reasonable modifications or accommodations will be denied if they meet one of the four following criteria: 1. Fundamentally alter the nature of the service, program, or activity. 2. Create a direct threat to the health or safety of others. 1 3. If granting the request would cause an undue financial and administrative burden on the City of El Monte. 4. If the individual would still be able to fully use the services provided by the City if the request was denied. As previously mentioned, Bus Operators and other frontline staff will not be responsible for making determinations. The BOC will determine if such requests should be accommodated. Customers with disabilities may file complaints regarding denied requests for a reasonable modification or accommodation with the City of El Monte's Transportation Services Division by telephone at 626-580-2217 or via email at transportation@elmonteca.gov. Examples of Accommodations / Modifications that will usually be approved: If customers with diabetes or other medical conditions request to eat or drink on City vehicles or in a City facility in order to avoid adverse health consequences, the request should be granted. For example, a person with diabetes may need to consume a small amount of orange juice in a closed container or a candy bar in order to maintain blood sugar levels. Medicine • A customer's request to take medication while on City vehicles or in a City facility should be granted. For example, customers should be allowed to administer insulin injections and conduct finger stick blood glucose testing. City employees do not need to provide assistance, as that would be a fundamental alteration of their function. Separate Boarding Customers with disabilities using mobility devices must be allowed to board separate from their device if they, combined, exceed the weight capacity of a vehicle. City policies require that Bus Operators provide boarding and alighting assistance to customers. In addition, they are required to board and alight the mobility device, as required by policy; as long as doing so does not create a direct threat to themselves or another individual. Examples of Accommodations / Modifications that will usually be denied: Outside of the Service Area A customer's request for a bus to divert from a route or extend beyond the service hours may be denied as it would constitute a fundamental alteration of City service. N Caring for Service Animals • A request by a customer with a service animal for a City and/or contracted employee to take charge of the animal may be denied. Caring for a service animal is the responsibility of the customer or a Personal Care Attendant (PCA). Hand Carrying • Except in emergency situations, a customer's request to be lifted out of his or her mobility device should be denied because of the safety, dignity and privacy issues implicated by hand carrying a customer. Hand carrying a customer is the responsibility of a Personal Care Assistant and is outside the scope of the City and/or contracted employee's duties and a fundamental alteration of City services. Waiving Fare Payment • A request by a customer with a disability to waive the fare when boarding will be denied. Accommodating this request is a fundamental alternation to City policy. Providing a Personal Care Attendant • Requests by a customer with a disability for the City to provide a Personal Care Attendant will be denied. Accommodating this request is a fundamental alternation to City service. Additional Questions on the the City of Ell Monte's Transit/Paratransit Reasonable Modification / Accommodation Procedure: If you have any questions or require clarification, please contact El Monte's Transportation Services Division by email at transportation@elmonteca.gov or by telephone at 626-580-2217. 3 EXHIBIT L Unusual Incident Report UNUSUAL INCIDENT REPORT An Unusual Incident Report 0J|R; should be completed if an incident occurs that involves a Transportation Division dient, volunteer, vendor property or vehicle. An unusual incident is an incident that involves an injury to contractor staff urclient, hospitalization from an inoident, deedh, property damage including theft and vandalism to an Transportation Division asset, and any other incident that may be considered newsworthy by the media or incur liability to the City of B Monte. If there is an immediate throat to anyone's safety or crime is in progress —DIAL 911. If the threat or criminal activity is NOT immediate. contact the local police via non -emergency phone and 5|e a report. Complete this form, including supporting documentation and email to: szadok@elmonteca.gov and creyes@elmonteca.gov Within one work day for incidents involving: injury to a client in the care, custody and control of the Transportation Division; or injury to the general public that occurs in the performance of the scope of services of this Contract. NOTE: AoUnusual Incident Report is a confidential, internal document and cannot be released to anyone outside the City without the specific approval of the City. NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED NAME(s) OF PERSON(s) INVOLVED DATE OF INCIDENT TIME OF INCIDENT LOCATION OF INCIDENT (No., Street, City, State, Zip) DRIVER NAME AND ID NUMBER COMPANY NAME AND ADDRESS COMPANY TELEPHONE TAXI COMPANY FAX COMPANY EMAIL WAS LAW ENFORCEMENT NOTIFIED NAME OF LAW ENFORCEMENT AGENCY POLICE REPORT NO. BRIEFLY DESCRIBE THE INCIDENT IN CHRONOLOGICAL DATE/TIME ORDER, INCLUDING PAST INCIDENTS THAT MAY HAVE LEAD TO THE CURRENT INCIDENT BEING DESCRIBED. Include separate sheet if necessary, Signature of Individual Making the Report: Date: FORM 1 Cost Proposal Forms Forms 1A - 1 E: $ST PROPOSAL City of El Monte — Transit and Paratransit Operations - RFP Form 1: Cost Proposal Whereas the City reserves the right to award separate contracts for the operation of fixed route transit services and Dial -A -Ride services; and Whereas the City has been considering possible service alternatives that would utilize microtransit and transportation network companies (TNCs) to increase the efficiency and attractiveness of the Dial -A -Ride service specifically; and Whereas the City reserves the right to award one or more contracts that reflect the most advantageous cost outcomes for the City. Now, therefore, the following five (5) Cost Proposal forms provide for bidders to submit Cost Proposals reflecting: Form 1-A Fixed Route* - ONLY Hourly Form 1-B Dial-a-Ride/Para - ONLY Hourly Form 1-C Fixed Route* - COMBINED Hourly Form 1-D Dial-a-Ride/Para - COMBINED Hourly Form 1-E Dial-a-Ride/Para (OPTIONAL) Per Trip All Proposers must complete Forms 1-A through 1-D (inclusive). Form 1-E is Optional. At the discretion of the bidder, Form 1-E allows bidders the autonomy to determine the most cost effective and efficient distribution of dedicated vs. non -dedicated (i.e., subcontracted or supplemental taxi, TNCs, etc.) services. A copy of forms is available in electronic (Excel) format upon request. * Note: Fuel is provided by and at the expense of, the City for the Fixed Route CNG vehicles. (The DAR vehicles are gasoline and the contractor is responsible for fueling and paying for fuel for DAR vehicles.) City of El Monte - Transit and Paratransit Operations - RFP 1 of 6 Form 1 -A: COST PROPOSAL 2022/23 2023/24 - Fixed Route On!y (hourly) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YRI YR2 YR3 YR4 YRS OYRI OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Fuel to be provided by the City at the City's expense ........ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Ad min istration/Management Payroll $ $ $ $ $ $ $ $ Ad min istration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX PROPOSED COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 2 of 6 Form 1-13: COST PROPOSAL 2022/23 2023/24 - DAR/Para Only (hourly) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Ad min istration/Management Payroll $ $ $ $ $ $ $ $ Ad min istration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST �$ �$ $ $ �$ $ $ $ Vehicle Revenue Hours (projected) xx,xxx XXXXX XXXXX XXXXX X>�Xxx XXXXX XXXXX XX,XXX PROPOSED COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ i $ A City of El Monte — Transit and Paratransit Operations - RFP 3 of 6 Form 1-C: COST PROPOSAL 2022/23 YRI 2023/24 - Fixed Route Combined (hourly) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Fuel to be provided by the City at the City's expense . . . . . . . . . . . . .. ... . . . ..... Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Ad min istration/Management Payroll $ $ $ $ $ $ $ $ Ad min istration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX PROPOSED COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 4 of 6 Form I -D: COST PROPOSAL - DAR/Para Combined (hourly) 2022/23 2023/24 2024125 2025126 2026/27 2027128 2028/29 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 2029/30 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $' OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ $ $ $ $ $ $ $ Administration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Vehicle Revenue Hours (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX PROPOSER COST PER VEHICLE REVENUE HOUR $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 5 of 6 Form 1 -E: COST PROPOSAL 2022/23 2023/24 YR1 YR2 - DAR/Para Per Trip (Optional) 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ $ $ $ $ $ $ $ Administration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ ' TOTAL ANNUAL COST $ $ $ $ ;$ $ $ $ Number of Trips (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX Proposed Number of Trips - Dedicated Service Proposed Number of Trips - Non - Dedicated Service Proposed Cost Per Trip - DEDICATED $ $ $ $ $ $ $ $ Proposed Cost Per Trip - NON- DEDICATED $ $ $ $ $ $ $ $ PROPOSE© AVERAGE COST PER TRIP $ $ $ $ $ $ $ $ City of El Monte — Transit and Paratransit Operations - RFP 6 of 6 1 9LOJ zi 6 Proposal Letter/Certificate of Acceptance PROPOSAL LETTER/CERTIFICATE OF ACCEPTANCE PROPOSER NAME: City of El Monte 11333 Valley Blvd. El Monte CA 91731 In response to the Request for Proposal (RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract. We the undersigned agree to supply the Scope of Work at the costs indicated in our cost proposal if our Proposal is accepted within ninety days from the date specified in the proposal. If awarded a Contract, the undersigned agrees to execute a Contract, which will be prepared by the City for execution, within 10 calendar days following Notification of Award, and will deliver, to the City prior to the commencement of Scope of Work the necessary original Certificate of Insurance. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable): Addenda No(s)._ Page 1 of 2 Proposer represents that the following person is authorized to negotiate on its behalf with the City in Connection with this RFP: Title Phone The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work or the cost thereof. The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP Documents. By: Signature Type or Print Name Business Address City, State, Zip Code Telephone Number FAX Number Page 2 of 2 FORM 3 Proposal Check Sheet Proposal Check Sheet Explain in detail any NO answers. Attach additional pages to the form if necessary. General Requirements Have you completed and enclosed the Cost Proposal (Form 1)? ❑ Yes No Have you completed and enclosed the Proposal Letter (Form 2)? ❑ Yes No Have you completed and enclosed the Proposal Check Sheet (Form 3)? ❑ ❑ Yes No Have you enclosed all required Attachments, Forms, etc.? F-1 El Yes No Have you enclosed at least three current client references? Yes No Have you enclosed at least one previous client reference? ❑ ❑ Yes No Have you included your Certification Regarding Lobbying? ❑ El Yes No Have you included your False Claims Act Certification? F-1 El Yes No Have you included your Civil Litigation Certification? ❑ Yes No Have you included your DBE Certifications, if applicable? ❑ ❑ Yes No Does your company currently possess a business license for the City of El Monte? ❑ Yes No Does your company currently provide transportation service to El Monte Residents? Yes No Does your company have previous experience in providing transportation ❑ ❑ service to El Monte resident? Yes No Operations Facilit Is your operations facility located in the El Monte service area? ❑ ❑ Yes No Have you provided the address and complete description of your proposed operations facility? Yes No Have you provided a list of all other operations provided from the ❑ ❑ proposed operations facility? Yes No Recruiting & Traininiz Do all of your drivers receive 80 hours of classroom instruction and ❑ ❑ operation training? Yes No Does your company employ a full-time training staff? ❑ El Yes No Does your company employ a full-time driver recruiter? F-1 El Yes No Does your company participate in the California DMV Employer ❑ ❑ Testing Program? Yes No Do all of your drivers receive at least 12 hours of annual refresher training? ❑ ❑ Yes No Does your company currently employ El Monte resident? ❑ ❑ Yes No Safety Have you included a copy of your company's safety plan? ❑ Yes No Does your company employ trained accident investigators? ❑ ❑ Yes No Insurance Does your company provide at least $5,000,000 Automobile Liability coverage? ❑ ❑ Yes No Does your company provide at least $10,000,000 General Liability coverage? ❑ Yes No Does your company provided $1,000,000 Workers Compensations coverage ❑ ❑ to all employees? Yes No Billing & Reporting Does your company use auditing procedures to ensure the accuracy of fare ❑ ❑ collection and billing? Yes No Are audit procedures fully described in your proposal? ❑ ❑ Yes No Project Staffing Have you identified the Project Manager in your proposal and provided ❑ ❑ a complete description of his/her experience and qualifications? Yes No Have you identified and described the experience and qualifications of all ❑ ❑ backup personnel and other supervisors that will provide service to the City? Yes No Have you included a detailed organization chart which shows the number of all ❑ ❑ staff (including drivers, dispatchers and receptionist) providing service to the city? Yes No Have you identified your maintenance manager and/or road supervisor and clearly described his/her experience and qualifications? Have you included wage and benefit information for vehicle maintenance staff and/or road supervisors? Have you identified the number and experience of vehicle mechanics? Have you provided a Manpower Analysis? Does the Manpower Analysis clearly identify the other commitments/projects that staff members are required to complete? Page 2 of 3 ❑ ❑ Yes No ❑ ❑ Yes No ❑ ❑ Yes No ❑ ❑ Yes No ❑ ❑ Yes No Other Does your company survey its customers for satisfaction/needs ratings? ❑ Yes No Have you provided copies of survey results and sample surveys in your proposal? ❑ Yes No Have you included copies of your safety policy, Drug and Alcohol testing policy, accident reporting forms, management reports and all other relevant documents? Yes No Page 3 of 3 9LOJ zi 6 Ell Performance Bond PERFORMANCE BOND We, of (principal), as principal, and assurance corporation, limited, with its chief office in the City of (surety), as surety, are held and firmly bound to the City of El Monte (obligee) in the penal sum of one hundred and fifty thousand dollars ($150,000), which sum is agreed to be the maximum liability here, lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us here bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The principal has entered into a certain contract in writing, bearing date , 2022, with the obligee for the providing comprehensive local transit service for the City of El Monte, beginning , 2022 and ending , 2027, a copy of the RFP and Agreement is attached and is referred to and made a part hereof. The surety, for value received, agrees that no change to the terms of the contract, or to the work to be performed under it or the other documents accompanying it, shall in any way affect its obligation on this bond, and it waives notice of any such change to the terms of the contract of the work, or to the other documents. Consequently, if the above bound principal performs the work contracted to be done under the contract, performs all of the terms of the contract upon its or [his or her] part to be performed, then this obligation to be void, otherwise to remain in full force. No right of action shall accrue under this bond to or for the use of any person other than the obligee named here. Signed and sealed on [date]. , Principal By , its , Surety By , Attorney -in -Fact [Corporate Seal] [Acknowledgments, etc.] FORM 5 Certification Regarding Lobbying CITY OF EL MONTE Request for Proposals Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 91/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This is certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file that required certification shall be subject to a civil penalty of not less than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such expenditure or failure.] 1of2 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 2of2 False Claims/False Claims Act Certification CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 90201 FALSE CLAIMS/ FALSE CLAIMS ACT CERTIFICATION (TRANSIT & PARATRANSIT OPERATIONS RFP) Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non -responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq. FALSE CLAIMS ACT CERTIFICATION If the Proposer has no False Claims Act violations as described above, complete the following: I, , am the (Print name of person responsible for submitting proposal) (Title with proposing entity) of, (Print name of Proposing Entity) (hereinafter, "Proposer") In submitting a proposal to the City of El Monte, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of at (month and year) (city and state) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) City of El Monte False Claims/False Claims Act Certification Page 1 of 2 FALSE CLAIMS ACT VIOLATIONS INFORMATION (1) Date of Determination of Violation: (2) Identity of tribunal or court and case name or number, if any: (3) Government Contract or project involved: (4) Government agency involved: (5) Amount of fine imposed: (6) Exculpatory Information: DECLARATION I, , the (Print name of person responsible for submitting proposal) of. (Title with proposing entity) (hereinafter, "Proposer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of at (month and year) (city and state) M. (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT FORM 7 Civil Litigation History/Civil Litigation Certification CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 CIVIL LITIGATION HISTORY/ CIVIL LITIGATION CERTIFICATION (TRANSIT and PARATRANSIT OPERATIONS SERVICES RFP) Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed. CIVIL LITIGATION CERTIFICATION If the Proposer has no civil litigation history to report as described above, complete the following: 1, , the (Print name of person responsible for submitting proposal) (Title with proposing entity) of, (Print name of Proposing Entity) (hereinafter, "Proposer") In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, 1, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of at (month and year) (city and state) by (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CIVIL LITIGATION HISTORY INFORMATION (1) Name of case: Court case identification number: (2) Jurisdiction in which case was filed: (3) Outcome of the case: (1) Name of case: Court case identification number: (2) Jurisdiction in which case was filed: (3) Outcome of the case: DECLARATION I, , the (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of, (hereinafter, "Proposer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of (month and year) by at (city and state) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT City of El Monte Transit and Paratransit Operations RFP Page 2 of 2 aLej zi 6 1418 STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION �iTiu1E: STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION Company/Organization Name: ("Proposer") The Proposer named above hereby certifies compliance with U.S. DOT regulations 49 CFR Part 29, Subpart F and Government Code Section 8355 in matters relating to providing a drug -free workplace. The above named Proposer or grant recipient will: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations of the prohibition. 2. Establish an on -going Drug -Free Awareness Program as required to inform employees about all the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug -free workplace, (c) Any available drug counseling, rehabilitation, and employee assistance Programs, (d) Penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Every employee who works on the proposed contract or grant will receive a copy of the company's drug -free policy statement. 4. Notify each employee that as a condition of employment financed with Federal assistance provided in the proposed contract, the employee will be required to: (a) Abide by the terms of the company's policy statement, and (b) Notify the employer (Proposer) in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction. 5. Notify FTA in writing, within in ten (10) calendar days after receiving notice required by paragraph 4 (b) from an employee or otherwise receiving actual notice of that conviction. The Proposer, as employer of any convicted employee, must provide notice, including position title, to every project officer or other designee on whose project activity the convicted employee was working. Notice shall include the identification number(s) of each affected vehicle and related equipment and accessories. 6. Taking one of the following actions within thirty (30) calendar days of receiving notice under paragraph 4 (b) with respect to any employee who is convicted: 1 of 2 (a) Taking appropriate personnel action against that employee, up to an including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring the employee to participate satisfactorily in o drug abuse assistance or rehabilitation program approved for such purposes byoFederal, State. or local health, law enforcement, or other appropriate agency; and (c) Making a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraph 1,2,3,4,5, and 6 of this certification. The Proposer agrees to maintain a list identifying its headquarters location and each workplace it maintains in which activities provided by this contract are conducted and make that list readily accessible to the State Department of Transportation. CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the Proposer or grant recipient tothe above -described certification. |amfully aware that this certification executed onthe date and in the city below, is made under penalty of perjury under the laws of the State of California. Executed on California Date City Signature: Print Name: Title: CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND FORM 9 CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential contractor for a third party contract), certifies to the best of its knowledge and belief that it and its principles: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by an Federal debarment or agency. 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for default. (If the primary participant (applicant for and FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OR THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO. Signature of Authorized Official Title of Authorized Official W Lei zi 6 a 11 Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members FORM 10 CITY OF EL MONTE CITY HALL 1.1333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 COMMUNICATIONS WITH CITY COUNCIL, ADVISORY COMMITTEE AND CITY STAFF DISCLOSURE OF CONTACTS WITH COUNCILMEMBERS (TRANSIT AND PARATRANSIT OPERATIONS RFP) Following the deadline for submission of proposals and continuing until the City Council awards the last contract, if any: (i) El Monte City Council members, members of the City's executive management team and staff members will not hold any discussions or any meetings, conferences or other like gatherings with any Proposer, except as this RFP allows or otherwise contemplates; and (ii) a Proposer must not communicate, in any manner, with the individuals identified in romanette, above, except as contemplated under the terms of the RFP. Proposers may write to the City Council as a whole after staff recommendations are made public by staff in anticipation of a public meeting. 2. From the date the RFP is issued to the date on which the City awards the last contract, if any, a Proposer must not directly or indirectly give, furnish, donate, or promise any money, compensation, gift, gratuity, or anything of value to the individuals listed under romanette (i) ofparagraph 1, above, for the purpose of, or which has the effect of: • Securing or establishing an advantage over other Proposers; • Securing or recommending the selection of the Proposer's Proposal; or • Securing or recommending the Contract's award to the Proposer. • Violations of Paragraphs I or Paragraph 2 or both, will constitute grounds for rejection. 3. Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. During the one-year period immediately preceding the date of the deadline for submitting proposals, list the date of all meetings or other communications the following persons have had with any one or more members of the El Monte City Council or any City employee regarding the provision of transit and paratransit operations the City of El Monte: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Please also identify the name(s) of the City Council members or City employees with whom such persons have met with or communicated with regarding the provision of transit and paratransit operations services to the City of El Monte. City of El Monte Transit and Paratransit Operations RFP Page 1 of 3 CERTIFICATION REGARDING MEETINGS OR COMMUNICATIONS WITH CITY OFFICIALS OR EMPLOYEES If the Proposer has had not had any meetings or other communications with the persons mentioned above regarding the provision of transit and paratransit operations to the City of El Monte with the one-year period immediately preceding the submission of this Proposal, complete the following: I, , am the (Print name of person responsible for submitting Proposal) of (Print Name of Proposing Entity) (Title with Proposing Entity) (hereinafter, "Proposer") In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has met with or communicated with any member of the El Monte City Council or any City employee regarding the provision of the transit and paratransit operations for the City of El Monte during the one-year period immediately preceding the submission of this Proposal to the City of El Monte. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of by at (month and year) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) (city and state) City of El Monte Transit and Paratransit Operations RFP Page 2 of 3 HISTORY OF MEETINGS OR COMMUNICATIONS WITH EL MONTE CITY COUNCIL MEMBERS AND/OR CITY EMPLOYEES REGARDING THE PROVISION OF TRANSIT AND PARATRANSIT OPERATIONS SERVICES TO THE CITY OF EL MONTE DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THIS PROPOSAL List the date of all such meetings or communications, the City Council member or City employee with whom you met with (attach extra pages if necessary) DECLARATION the (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) (hereinafter, "Proposer") (Print Name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of at (month and year) (city and state) by (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT City of El Monte Transit and Paratransit Operations RFP Page 3 of 3 RC -DBE INSTRUCTIONS For Metro Subrecipient Agencies October 2020 RC -DBE LANGUAGE RACE -CONSCIOUS INSTRUCTIONS FOR DOT -ASSISTED CONTRACTS The CITY has established a RC -DBE contract goal for this Agreement of 9.0%. 1. DEFINITIONS a. The term "Disadvantaged Business Enterprise" or DBE means a for -profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). b. The Term "Race Conscious Disadvantaged Business Enterprise" or RC -DBE. DBE classes have been determined to have a statistically significant disparity in their utilization in previously awarded transportation contracts. RC-DBE's include all DBE groups, specifically: Black Americans, Native Americans, Asian -Pacific Americans, Hispanic Americans, Subcontinent Asian Americans, and Women C. The term "Agreement" also means "Contract". d. Agency also means the local entity entering into this contract with the Consultant. e. The term "Proposer" shall mean prime contractor or prime consultant submitting a bid or proposal to recipient organization. The terms "Bidder" or "Offeror" may also be used in lieu of "Proposer". f. The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY a. DBE's and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBE's and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. b. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBE's. 3. SUBMISSION OF RC -DBE INFORMATION If there is a RC -DBE contract goal on this contract, the Proposer, in order to be considered responsible and responsive, must make good faith efforts to meet the goal established for the contract. If the goal is not met, the Proposer must document adequate good faith efforts and submit documentation at the time of bid or proposal due date. If the Proposer fails to submit good faith effort documentation at the time of bid or proposal due date, the Proposer will be considered non -responsive. Only RC -DBE firms certified through the CUCP will be counted towards the contract goal; however, all DBE participation shall be collected and reported. For contracts with RC -DBE contract goals, the resulting contractor shall utilize the specific DBEs listed unless the contractor obtains Metro's written consent and unless the Metro's consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. All Proposers are required to submit the following items to the City: 1. The name and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform. Each DBE must be certified in the NAICS code applicable to the work the firm will perform on the contract; 3. The dollar amount of the participation of each DBE firm; 4. Written documentation of the proposer's commitment to use the DBE subcontractor (the signed RC -DBE Commitment Form and/or other documentation) whose participation it submits to meet a RC -DBE contract goal; 5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind of work and amount of work provided in the proposer's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. The above information shall be provided at the time noted below: 1. Under sealed bids, as a matter or responsiveness, or with initial proposals under contract negotiation procedures, or 2. No later than 5 days after bid opening as a matter of responsibility. 4. RC -DBE PARTICIPATION GENERAL INFORMATION It is the Proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and Metro's DBE program developed pursuant to the regulations. Particular attention is directed to the following: a. A RC -DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCPP). b. A certified RC -DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. 3 c. A RC -DBE Proposer not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following; i. The Proposer is a RC -DBE and will meet the goal by performing with its own forces. ii. The Proposer will meet the goal through work performed by RC -DBE subcontractors, suppliers or trucking companies. iii. The Proposer, prior to bidding, made adequate good faith efforts to meet the goal. d. A RC -DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. e. A RC -DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a RC -DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. f. The Proposer shall list only one subcontractor for each portion of work as defined in their bid and all RC -DBE subcontractors should be listed in the bid list of subcontractors. Firms to be counted toward the DBE Goal must be certified by bid/proposal due date. g. A prime contractor who is a certified RC -DBE is eligible to claim all of the work in the agreement toward the RC -DBE participation except that portion of the work to be performed by non -DBE subcontractors. h. In order to identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted. 5. RESOURCES a. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Proposers may call (916) 440-0539 for web or download assistance. b. Access the CUCP database from the Department of Transportation, Civil Rights, Disadvantaged Business Enterprise Program website at: httos://dot.ca.�,yov/programs/civil- rhts/dbe-search. i. Click on Access the DBE Query Form located on the first line in the center of the page ii. Click on the Start DBE Firms Query Cl iii. Searches can be performed by one or more criteria iv. Follow instructions on the screen 6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A RC -DBE, PURCHASES WILL COUNT TOWARDS THE RC -DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS: a. If the materials or supplies are obtained from a RC -DBE manufacturer, 100 percent of the cost of the materials or supplies count towards the goal. A RC -DBE manufacturer is a firm that operates, or maintains a factory, or establishment that produces on the premises that materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. b. If the materials or supplies purchased from a RC -DBE regular dealer, count 60 percent of the cost of the materials or supplies. A RC -DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specification and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of doing business. To be a RC -DBE regular dealer the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a RC -DBE regular dealer, in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. c. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not RC -DBE regular dealers within the meaning of this section. d. Materials or supplies purchased from a RC -DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies required or fees or transportation charges for the delivery of materials or supplies on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS DBE CREDIT, AND IF A DBE IS A RC -DBE, CREDIT WILL COUNT TOWARDS THE RC -DBE CONTRACT GOAL UNDER THE FOLLOWING CONDITIONS: a. The RC -DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular agreement, and there cannot be a contrived arrangement for the purpose of meeting the RC -DBE contract goal. b. The RC -DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the agreement. 5 c. The RC -DBE receives credit for the total value of the transportation services it provides on the agreement using trucks it owns, insures, and operates using drivers it employs. d. The RC -DBE may lease trucks from another RC -DBE firm including an owner -operator who is certified as a RC -DBE. A RC -DBE who leases trucks from another RC -DBE receives credit for the total value of the transportation services the lessee RC -DBE provides on the agreement. e. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE that leases trucks equipped with drivers from a non -DBE is entitled to credit for the total value of transportation services provided by non -DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE -owned trucks or leased trucks with DBE employee drivers. Additional participation by non -DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. f. The DBE may lease trucks without drivers from a non -DBE truck leasing company. If the DBE leases trucks from a non -DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. g. For the purposes of this section, a lease must indicate that the RC -DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the RC -DBE, as long as the lease gives the RC -DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the RC -DBE. 8. TRANSIT VEHICLE MANUFACTURERS (TVM): a. City shall require each Transit Vehicle Manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to complete a TVM Certification Form acknowledging that it has complied with the requirements of 49 CFR 26.49 section. City shall maintain the TVM Certification Form on file for DBE Program compliance. City shall check the FTA Civil Rights webpage (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit- vehicle-manufacturers) to validate TVMs that have an FTA approved DBE program and overall goal submissions. City is required to submit TVM certification with its Semi - Annual Report when there is a TVM award during the reporting period. b. Subrecipients are required to submit within 15 days of making an award, the name of the successful bidder, and the total dollar value of the contract in the manner prescribed in the grant agreement. Metro's Grant Administration Department will complete the TVM Report and will submit the report on behalf of the City to FTA using the FTA Vehicle Award Form at the following website link: httf)s://www.surveymonkev.com/r/vehicleawardreportsurm. Please contact your Metro Grants representative regarding TVM reporting should you have any questions. 2 9. DBE SUBCONTRACTING FLOW DOWN REQUIREMENTS: a. CONTRACT ASSURANCE Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. b. PROMPT PAYMENT PROVISIONS The DBE Program, 49 CFR, Part 26, requires that any delay or postponement of payment over 30 days may take place only for good cause and with City's prior written approval. The California Business and Professions Code, under Section 7108.5, requires that on public works projects, a prime contractor or subcontractor pay to any subcontractor not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing. Any violation of this provision shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. Any delay or postponement of payment from the above -referenced timeframes may occur only for good cause following written approval from City. Failure to comply with this provision without prior approval from City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, withholding of payment to the Contractor of two percent (2%) of the invoice amount due per month, for every month that full payment is not made in accordance with these prompt payment requirements. Prompt Progress Payments to Subcontractors Contractor will include a contract clause that will require Subcontractors to pay each lower tiered Subcontractor participating on the Project for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Subcontractor receives from Contractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City. This clause applies to both DBE and non -DBE Subcontractors. 7 You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor no later than 30 days after the subcontractor's work is satisfactorily completed. Prompt Payment of Withheld Funds to Subcontractors The City shall identify one of the provisions below and include the selected provision in their federal -aid contracts to ensure prompt and full payment of retainage, if applicable, to subcontractors in compliance with 49 CFR 26.29. ❑ Provision #1 — No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. ❑ Provision #2 — No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both. DBE and non -DBE subcontractors. ❑ Provision #3 — The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of. a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. c. TERMINATION/SUBSTITUTION The contractor must promptly notify the City, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor without prior written consent of the City. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. The contractor must give the DBE five days to respond to the contractor's written notice and advise the City and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a respond period shorter than five days. The City shall review the termination/substitution request based on the reasons provided in 49 CFR 26.53. The contractor will include a contract clause stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the written consent of the City and that, unless the written consent of the City is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. d. FAILURE TO COMPLY Failure of the Contractor to comply with any DBE requirement of 49 CFR Part 26 as amended, may subject Contractor to formal enforcement action or appropriate sanctions by City, such as the termination of the contract, progressive payment withholding until deficiencies are remedied, and any additional enforcement allowed by the contract. 0 (DBE AND NON -DBE) PART I AND PART II (CONSTRUCTION CONTRACTS) ALL PROPOSERS: The U.S. Department of Transportation (DOT) requires CITY to maintain a "Bidders List" containing information about all firms (DBE and non -DBE) that bid, propose or quote on CITY's DOT -assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Metro's overall triennial DBE goal - setting process. Therefore, the Proposer shall provide the requested information for every firm who submitted a quote, bid, or proposal, including the primary Proposer, whether successful or unsuccessful in their attempt to obtain a contract: a. Firm name; b. Firm address; c. Phone number d. A description of the work that each DBE will perform; e. Range of annual gross receipts for the last year; PART I - Identifies all subcontractors (DBE and Non -DBE) that provided a quote, bid, or proposal. PART II - Identifies all subcontractors (DBE and Non -DBE) that provided a quote, bid, or proposal but were not selected to participate as a subcontractor on the project. It is the Proposers responsibility to verify that the RC -DBEs) falls into one of the following six groups in order to count towards the RC -DBE contract goal: 1) Black American; 2) Asian -Pacific American; 3) Native American; 4) Hispanic American, 5) Subcontinent Asian American, and 6) Women. lul RFP FORM A — BIDDERS LIST Proposer Name of Prime's Firm: Firm Address: City I ST I ZIP Number of years in business: Contact Person: RFP Number Phone: ( ) - Email Address: Type of work/services/materials provided: Title: Is the firm currently certified as a DBE under 49 C.F.R., Check the box below for your firm's annual Part 26? ❑ Yes ❑ No gross receipts last year: Proposer has DBE Certification in the following ❑ Less than $1 million categories (place an "X"): ❑ Less than $5 million ❑ Black American ❑ Asian Pacific American ❑ Less than $10 million ❑ Native American ❑ Women ❑ Less than $15 million ❑ Hispanic American ❑ Subcontinent Asian American ❑ More than $15 million ❑ Other 11 RFP FORM A (CONT'D) — BIDDERS LIST Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal. Name of Subconsultant's Firm: Phone: Firm Address: Email Address: Type of work/services/materials provided: City ST ZIP Number of years in business: Contact Person: Title: Is the subconsultant's firm currently certified as a DBE Check the box below for your firm's annual under 49 C.F.R., gross receipts last year: Part 26? ❑ Yes ❑ No Subconsultant has DBE Certification in the following ❑ Less than $1 million categories (place an "X"): ❑ Less than $5 million ❑ Black American ❑ Asian Pacific American ❑ Less than $10 million ❑ Native American ❑ Women ❑ Less than $15 million ❑ Hispanic American ❑ Subcontinent Asian American ❑ More than $15 million ❑ Other If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non -DBEs) that have submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract. 12 INSTRUCTIONS - LOCAL AGENCY PROPOSER RC -DBE COMMITMENT ALL PROPOSERS: PLEASE NOTE: It is the proposer's responsibility to verify that the RC-DBE(s) falls into one of the following groups in order to count towards the RC -DBE contract goal: 1) Black Americans; 2) Asian -Pacific Americans; 3) Native Americans; 4) Hispanic Americans, 5) Subcontinent Asian Americans, and 6) Women. This information must be submitted with your proposal. Failure to submit the required RC -DBE commitment will be grounds for finding the proposal nonresponsive. A "RC -DBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black Americans, Native Americans, Asian -Pacific Americans, Hispanic American, Subcontinent Asian American, or Women. The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date, Proposer's Name, and Contract RC -DBE goal. The form has a column for the Work Item Number and Description or Services to be subcontracted to RC -DBEs (or performed if the proposer is a RC -DBE). The RC -DBE prime contractors shall indicate all work to be performed by RC -DBEs including work to be performed by its own forces, if a RC -DBE. The RC -DBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract. Enter RC -DBE prime consultant and subconsultant certification numbers. The form has a column for the Names of certified RC -DBEs to perform the work (must be certified on the date proposals are due and include RC -DBE address and phone number). There is a column for the percent participation of each RC -DBE. Enter the Total Claimed RC - DBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the RC -DBE, describe exact portion of time to be performed or furnished by the RC -DBE.) Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit 10-01 must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact. 13 FORM B LOCAL AGENCY PROPOSER RC -DBE COMMITMENT Local Agency Project Description Proposal Date Proposer's Name Contract RC -DBE Goal (%) This form must be submitted with the proposal. 9.0% FOR AGENCY TO COMPLETE Agency Proposal Number Federal -Aid Project Number Federal Share Proposal Date Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Signature of Agency Representative Agency Representative (please print or type) Phone Number Distribution: (1) Original - Agency files 14 Location Total Claimed RC -DBE Commitment: % Signature of Proposer 1 I Date I Date Phone Number Person to Contact (please print or type) Local Agency Proposer RC -DBE Commitment (Consultant Contracts) —Rev 062113 FORM C RC -DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. Bid Opening Date: CITY has established a Race -Conscious Disadvantaged Business Enterprise (RC -DBE) goal of 9.0% for this project Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non -responsive to the DBE requirements. Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the "Local Agency Bidder — RC -DBE Commitment" form indicates that the Proposer has met the RC -DBE contract goal. This will protect the Proposer's eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC -DBE firm was not certified at bid opening, or the Proposer made a mathematical error. Submittal of only the "Local Agency Bidder RC -DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC -DBE participation: a. The names and dates of each publication in which a request for RC -DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication: Publications Dates of Advertisement b. The names and dates of written notices sent to certified RC -DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC -DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc. Names of RC - DBEs Solicited Date of Initial Solicitation 15 Follow Up Methods and Dates C. The items of work which the Proposer made available to RC -DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC -DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC -DBE participation as follows (please provide documents that sufficiently evidence the effort): Items of Work Proposer Breakdown of Items Amount Percentage Normally ($) Of Performs Item Contract (Y/N) d. The names, addresses and phone numbers of rejected RC -DBE firms, the reasons for the Proposer's rejection of the RC -DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC - DBE if the selected firm is not a RC -DBE. 1. Names, addresses and phone numbers of rejected RC -DBEs and the reasons for the Proposer's rejection of the RC -DBEs: 2. Names, addresses and phone numbers of firms selected for the work identified above: 16 e. Efforts made to assist interested RC -DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC -DBEs: f. Efforts made to assist interested RC -DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate: g. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC -DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc. Name of Method/Date of Results Agency/Organization Contact h. Any additional data to support a demonstration of good faith efforts please include here. Proposers are advised to attach all requested documents to this form. Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts. 17 INSTRUCTIONS - SUMMARY OF MONTHLY DBE PAYMENTS INFORMATION SUBRECIPIENT FORM D SUCCESSFUL PROPOSER: This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract. The form must be completed for all DBEs — including all RC -DBEs paid for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number "1 ". The date prepared should also be included. IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project -- including all RC -DBEs listed on the RC -DBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the "Dollars Paid This Month". Enter the Total amount paid for each. DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period. Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the "Dollar +/- resulting from Change order Activity" column. SUBRECIPIENT Form D must be signed and dated by the prime contractor's representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 151h day of each month. [Note attached form incorrectly identified as "Form 103."] 18 A a 0 1111 ■ A uj m MH \; )7 \� �� §� )2 \\ / L, LU 0 1 0 m .2 0 I FEDERAL CONTRACT APPENDIX 2 FEDERAL CONTRACT CLAUSES Although federal funding is not currently being requested to fund this contract, the City of El Monte may choose to obtain future FTA grant funding to supplement funding for existing services or to expand services provided under this agreement. In order to meet federal funding requirements that may be required as a result of future funding sources, the Contractor must comply with all of the following requirements. The Contractor should be aware that requirements which are stated as requirements of the "Agency" "City," and/or "Recipient," Contractor (hereinafter "the Parties" or "the Party") are requirements which are placed upon the City by the funding source and which will be made the responsibility of the Contractor (as applicable) through this agreement, as the Operator providing the funded services. [Numbering of clauses and clause language is based on FTA Report No. 0105, FTA Best Practices Procurement and Lessons Learned Manual, October 2016.] IOW_T0101*��0030*01010RI3_P[IJO4a*11:4 a. Record Retention. The Contractor will retain, and will require its Subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 4. BUY AMERICA The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. § 661.11. The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F.R. § 661.12, for the procurement of rolling stock (including train control, communication, and traction power equipment) use the following certifications: 1 Certificate of Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230), and the applicable regulations of 49 C.F.R. § 661.11. Date: Signature: Company: Name: Title: Certificate of Non -Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but may qualify for an exception to the requirement consistent with 49 U.S.C. 53230)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7. Date: Signature: Company: Name: Title: [:may : I_1 Z49 M The Contractor agrees to comply with 49 U.S.0 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance and prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323 (d); 2. FTA regulations, "Charter Service," 49 C.F.R. part 604; 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing, The Contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any sub -contractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of ETA's Charter Service regulations; or 3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. Uwe] 11:F_1zI_1t 1—ITIAi_1►1IM =1 11=1:7_1ayLIhl3*0141L1,1liIs] ► we] i!kI:Z0]" The Contractor agrees: 1. It will not use any violating facilities; 2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3. It will report violations of use of prohibited facilities to FTA; and 4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q); and the Federal Water Pollution control Act as amended, (33 U.S.C. §§1251 -1387) 2 CITY is an Equal Opportunity Employer. As such, the CITY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apartfrom inconsistent requirementsimposed by Federal laws or regulations, the CITY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. �*MQM-11111%\►r ITC1=111-11,Mt,14*1=1ZI1101:10:1MW91-i 1� This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C. § 101. A separate contract 3 goal of 3.6% DBE participation has been established for this procurement. The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority's (Metro's) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). City is required to include all other DBE requirements and flow -down clauses in their solicitation and contract(s) as identified in the DBE Attachment (Attachment 7) for DOT -Assisted Contracts and Disadvantaged Business Enterprise Implementation Agreement for Subrecipients. 9M9991TURTY'll INT91:4 51: 191115ml0 1 illwmva M-1�►�,�� The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non -construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of the Act, 40 U.S.C. §3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employee during working hours on the job. The Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. I 110111111111111*T-11 NI=1►rM[►RW;J=1Z&4161ZNIZI=14M17-114r,'0_lZIP,Tl•11LIRIlf-lX&*X91IRRyKr!ll The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Non -procurement Suspension and Debarment," 2C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement)," 2 D.F.F. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: Id The certification in this clause is a material representation of fact relied upon by the City it is later determined by the City the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees tocomply with the requirements of 2C.F.R. part 180, subpart C, as supplemented by 2C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. The Parties acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract andshall not be subject to any obligations or liabilities to the Parties (whetheror not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Parties agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractors who will be subject to its provisions. The Parties acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right toimpose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extentthe Federal Government deems appropriate. The Parties also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate. The Parties agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to identify the sub -contractor who will be subject to the provisions. The Parties agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Saecial Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide 5 a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.0 § 5333(b) do not apply to Parties providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right tomake case - by -case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as itdeems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. The Parties agree to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. The Parties are encouraged to adopt and promote on-the-job seat belt use policies and programs forits employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased by the Parties. The Parties agree to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle the Parties own, lease, or rent, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. The Parties agree to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with privateoperators of school buses, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(f); 2. FTA regulations, "School Bus Operations," 49 C.F.R. part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. If Parties violate this School Bus Agreement, FTA may: 1. Bar the Parties from receiving Federal assistance for public transportation; or 2. Require the Parties to take such remedial measure as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the Parties maynot use federally funded equipment, vehicles, or facilities. The Parties should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 6 The Parties agree to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or City to inspect the facilitiesand records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Parties agree further to certify annually its compliance with parts 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance, the Parties shall use the "SubstanceAbuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the City's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor hasany property in its possession belonging to City, the City will account for the same, and dispose of it in the manner City directs. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the City's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Default rBreach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractorsetting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing,such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default.The Contractor will only be paid the contract price for services performed in accordance with the mannerof performance set forth in this contract. 7 If this contract is terminated while the Contractor has possession of City goods, the Contractor shall, upon direction of the City, protect and preserve the goods until surrendered to the Cityor its agent. The Parties shall agree on payment for the preservation and protectionof goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. Opportunity to Cure The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City satisfaction the breach or default of any of the terms, covenants, or conditions of the Contract within [10 days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this contract, such waiver by City shall not limit City's remedies for anysucceeding breach of that or of any other covenant, term, or condition of this contract. 26. VIOLATION AND BREACH OF CONTRACT Rights and Remedies of the CJty The City shall have the following rights in the event that the City deems the Contractor guiltyof a breach of any term under the Contract. 1. The right to take over and complete the work or any part thereof as City for and at the expenseof the Contractor, either directly or through other Contractors; 2. The right to cancel this Contract as to any or all of the work yet to be performed; 3. The right to specific performance, an injunction or any other appropriate equitable remedy; and 4. The right to money damages. For purposes of this Contract, breach shall include [City to define]. Rights and Remedies of Contractor Inasmuch as the Contractor can be adequately compensated by money damages for any breach of the Contract, which may be committed by the City, the Contractor expressly agrees that no default, act or omission of the City shall constitute a material breach of this Contract, entitling Contractorto cancel or rescind the Contract (unless the City directs Contractor to do so) or to suspend or abandon performance. Remedies 8 Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, andthe rights to termination or suspension as provided herein. The Contractor recognizes that in the eventof a breach of this Agreement by the Contractor before the City takes action contemplated herein,the City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respondand to take necessary corrective action. Disputes Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's City Manager. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City Manager shall be binding upon the Contractor andthe Contractor shall abide be the decision. Performance during Dispute Unless otherwise directed by City, Contractor shall continue performance under this Contractwhile matters in dispute are being resolved. Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdictionwithin the State in which the City is located. Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Parties shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Parties shall not perform any act, fail to perform any act, or refuse to comply with 9 any requests by the City which would cause the City to be in violation of the FTA terms and conditions. 28. FEDERAL CHANGES Federal Changes - The Parties shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The Parties' failure to so comply shall constitute a material breach of this Agreement. 29. PROMPT PAYMENT 1. Prompt Payment to Subcontractors a. The Parties are required to pay all Subcontractors for all work that the Subcontractors has satisfactorily completed, no later than thirty (30) business days after the Contractor has received payment from the City. b. In addition, all Retainage amounts must be paid by the Contractor to the Subcontractors no later than thirty (30) business days after the Sub -Contractor has, in the opinion of the Transit Manager, satisfactorily completed its portion of the Work. c. A delay in or postponement of payment to the Sub -Contractor requires good cause and prior written approval of the Transit Manager. d. The Parties are required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. e. The City will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with the City of lien waivers, canceled checks (if requested), and the Contractor's sworn statement that it has complied with the prompt payment requirements. Contractor must submit a prompt payment affidavit, (form as provided in this Exhibit "A") which identifies each sub -contractor (both DBE and non -DBE) and the date and amount of the last payment to such sub -contractor, with every payment request filed with the City, except for the first payment request, on every contract with the City. f. Failure to comply with these prompt payment requirements is a breach of this Agreement, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment. In addition, Contractor's failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 505/9. a. The Contractor shall, within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid. These written agreements shall be made available to the City. All contracts between the Contractor and its subcontractors must contain a prompt payment clause as set forth in Section 14 herein. b. During the term of annual contracts, the Contractor shall submit regular "Status Reports of DBE Subcontract Payments" in a form acceptable to the City. The frequency with which these reports are to be submitted will be determined by the City but in no event will reports be required less frequently than quarterly. In the absence of written notice from the City the Contractor's first "Status Report of DBE Subcontract Payments" will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter. c. In the case of a one-time procurement with either a single or multiple deliveries, a "Status Report 10 of DBE Subcontract Payments," in a form aooapbab|o to the City, indicating final DBE payments shall be submitted directly to the City. The information must be submitted prior to or at the same time as the Contractor's final invoice tothe City department identified in the solicitation. (NOTICE: The original invoices must be submitted directly to the City's department identified in the contract documents and the Status Report of DBE Subcontract Payments must be submitted directly to the Transit Manager. Failure tofollow these directions may delay final payment. d. The address for the City: Public Works Department Transportation Services Division 3880Arden Drive E|Monte, CA01731 Attn: Sarah Zadok.Transportation Operations Manager 11 REQUIREMENTS Appendix 3 COMPLIANCE WITH LAWS AND REQUIREMENTS In performance of the services described herein, the Parties shall comply with all applicable federal, state and local laws and requirements including, but not limited to: Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. Equal Employment Opportunity Regarding the performance of this contract, the Parties shall not discriminate against any employee or applicant for employment based on race, color, age, creed, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, layoff or termination, rates of pay or other forms of compensation and selection for training. Drug and Alcohol Testing Requirements and DMV Pull -Notice Program The Parties must provide an ongoing program for drug and alcohol testing of drivers and other personnel in compliance with the State and US Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40). The Parties shall comply with DMV Employer Pull - Notice Program requirements, meeting all Federal, State and local regulations. Interpretation The laws of the State of California shall govern all the rights and duties of the successful Proposer and City under the contract entered into pursuant to this RFP. Retention of Existing Employees Pursuant to Senate Bill No. 158 (California Labor Code, Chapter 4.6, Section 1070 to Part 3 of Division 24, City shall grant a ten percent (10%) written proposal preference to any Proposer who agrees to retain, for a period of at least ninety (90) days, the employees of the previous contractor. The Proposer shall declare, as part of their proposal, whether or not their firm shall retain the employees of the prior contractor for a period of at least ninety (90) days. Proposer shall ensure these transitioned employees will be utilized in similar positions and perform essentially same services as they did under the previous contractor. An "Employee" is defined as any person who works for a contractor under the prior contract but does not include executive, administrative or professional employees that are exempt from the payment of overtime compensation within the meaning of Subdivision (a) of Section 515 or any person who is not an employee as defined under Section 2(3) of the 1 of 23 National Labor Relations Act (29 U.S.C. Sec. 152(3)). In accordance with Senate Bill No. 158, the following obligations apply: A successor Contractor or subcontractor who agrees to retain employees, pursuant to subdivision (a) [of Senate Bill No. 158] shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee's performance or conduct while working under the prior contract or the employee's failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment or other standard hiring qualification lawfully required by the successor contractor or subcontractor. If a successor contractor determines that fewer employees are needed than under the prior contract, qualified employees shall be retained by seniority within the job classification. In determining those employees who are qualified, the successor Contractor may require an employee to possess any license that is required by law to operate the equipment that the employee shall operate as an employee of the successor Contractor. Nothing in this section requires the successor to pay the same wages or offer the same benefits provided by the prior contractor. In accordance with the California Labor Code, the successful Proposer or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which the employee must accept that offer, but in no case less than ten (10) days. An employee who has not been offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor contractor in any superior court having jurisdiction over the successor contractor. Within ten (10) working days after the contract has been awarded, the prior contractor and its subcontractor(s) shall provide to the Contractor and its Subcontractor(s) the name, address date of hire, wages, benefit level and job classification of each employee employed at the locations covered by the prior contractor's contract. The City shall notify the prior contractor and its subcontractor(s) as soon as practicable to facilitate the transfer of this information. The City shall have the right, in its sole discretion, to reject or require the removal either temporarily or permanently, by notice to the Contractor, any operator furnished by the Contractor, including any operator previously furnished by the 2 of 23 Contractor and accepted by the City. With respect to the service provided under the Contract, the Contractor shall promptly replace any operator not acceptable to or rejected by the City. The Contractor will also be subject to the enforcement provisions of California Labor Code Section 1073 for any violations of this law. In order to facilitate the provisions of the law, the City requires that upon the commencement of the Contract and throughout the full term of the Contract, which includes the information above, the Contractor or its Subcontractor(s) must indicate which employees were employed by the prior contractor and its subcontractor(s), if any. The Contractor and its Subcontractor(s) must also maintain a list of all employees of the prior contractor and its Subcontractor(s) that were not retained by the Contractor or its Subcontractor(s), and such list must indicate the reasons why such employees were not retained. Upon request from the City, the Contractor and its Subcontractor(s) must provide such lists to the City within 10 days of such request. The City has the ability to request such lists throughout the term of the Contract. The Contractor shall be responsible for defending, and shall hold the City harmless from, any claims or controversies alleging any violation or breach of Labor Code Section 1070 et seq., whether made by the Contractor's own employees, the employees of its subcontractor(s), or employees of the prior contractor or its subcontractor(s), arising from or related to the terms and conditions of employment of employees hired to work for the Contractor as of the effective date for this contract. Notwithstanding any other provisions of the Contract, no cost of liability for which Contractor is responsible under this paragraph shall be deemed an allowable cost payable to the Contractor or claim or liability for which the Contractor is entitled to indemnification or reimbursement from the City. The Contractor shall be exclusively responsible for satisfaction of all obligations that may be owed to its employees of the prior contractor, pursuant to Labor Code Section 1070 et seq., both during and subsequent to the term of the Contract. At least six months before the end of the initial term of the Contract, and each option term if exercised, the Contractor and its subcontractor(s) will provide the City with a list of employees providing service to the City pursuant to the transit and paratransit services contract. This list of employees shall indicate the length of services of each employee, their job title and description and their current salary. This information may be distributed by the City to future bidders for a new contract 3 of 23 that will commence whenever the current contract term ends. The Contractor and its subcontractor(s) must provide monthly updates of the employee lists, after the original employee list has been submitted. The Contractor's and its subcontractors' obligation to provide monthly updates of the employee lists will last until the end of the contract term. If a new contract is awarded to a different Contractor at the end of the Contractor's Contract, the Contractor must provide to the new Contractor the name, address, date of hire, wages, benefit level and job classification of each employee employed by the Contractor's locations covered by the Contractor's contract within three (3) working days after the Contractor has been notified by the City of the identity of the new contractor. a. Compliance with Legal and Regulatory Requirements and Grant Conditions In performance of the services described herein, Contractor shall be responsible to comply with all applicable Federal, State and local requirements including but not limited to, Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection, the Americans with Disabilities Act, Federal Transit Administration, Drug and Alcohol Testing requirements and other laws and regulations applicable to contracts utilizing federal funds and other local grants received by the City or by the Contractor at any time with respect to the services, equipment, real property and facilities provided for hereunder. No Obligation by the Federal Government: 49 U.S.C.Part 18, FTA Circular 4220.1 E (1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 4 of 23 Program Fraud and False or Fraudulent Statements or Related Acts: (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records: The following access to records requirements apply to this Contract: (1) Since the City is not a State, but a local government, and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction 5 of 23 sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser (City) enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. (3) Where any Purchaser (City) which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (4) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (5) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser (City), the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). (6) FTA does not require the inclusion of these requirements in subcontracts. Sources of Authority:1 49 USC 5325 (a), 49 USC 5325 (a), 2 49 CFR 633.17, 49 CFR 633.17, 3 18 CFR 18.36 (i), 18 CFR 18.36 (i) 6 of 23 Federal Changes 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference to any future FTA Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between City and FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor's failure to so comply shall constitute a material breach of the Contract. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623,42 U.S.C. § 2000 42 U.S.C. § 6102,42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, U.S. DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. part 21, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment or a business opportunity, or deny program benefits because of race, color, religion, national origin, sex, sexual orientation, gender identity, age or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. Executive Order 13166 (2000) expanded Title VI to include persons with Limited English Proficiency (LEP). 7 of 23 The Parties agree to follow: 1. The most recent edition of FTA Circular 4702.1, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable federal laws, regulations, requirements and guidance 2. U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3 3. All other applicable federal guidance that may be issued (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, or National Origin - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25„ and Federal transit laws, specifically 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seg ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 8 of 23 (b) Age - In accordance with The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 — 634, which prohibits discrimination based on age; U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625; The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals based on age in the administration of Programs, Projects, and related activities receiving federal assistance; U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90; and Federal transit law, specifically 49 U.S.C. § 5332 and Federal transit law, specifically 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12112 and 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and other applicable federal laws, regulations and requirements to access for seniors or individuals with disabilities, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Parties agree to follow: a. FTA Circular 4704.1, Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients b. Other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability c. Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections - In accordance with The Drug Abuse Office and Treatment 9 of 23 Act of 1972, as amended, 21 U.S.C. § 1101 et seq.; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.0 § 4541 et seq.; and The Public Health Service Act, as amended 42 U.S.0 § § 290dd - 290dd-2, the Contractor agrees to comply with confidentiality and civil rights protections requirements. d. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance — The Contractor agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties. Disadvantaged Business Enterprise (DBE) 49 CFR Part 26 Disadvantaged Business Enterprises a. The Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The City of El Monte has identified a 9% DBE contract goal on this project. b. The Contractor or subcontractor(s) shall not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of El Monte deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments 2. Assessing sanctions 10 of 23 3. Liquidated damages; and/or 4. Disqualifying the Contractor from future bidding as non - responsible 49 CFR § 26.13 Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. A copy of all DBE Certifications is attached and required. c. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor's receipt of payment for that work from the City of El Monte. d. The Contractor must promptly notify the City of El Monte whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of El Monte. Incorporation of Federal Transit Administration ("FTA") Terms: FTA Circular 4220.1 E FTA has developed the following incorporation of terms and language - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth herein are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of El Monte requests which would cause City of El Monte to be in violation of the FTA terms and conditions. 11 of 23 Federal Tax Liability and Recent Felony Convictions Transactions Prohibited. The Parties agree that, prior to entering into any Agreement with any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the Parties will obtain from the prospective Contractor or sub -contractor a certification that the Contractor or sub -contractor: 1. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and 2. Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. If the prospective Third -Party Participant cannot so certify, the Parties agree to refer the matter to FTA and not to enter into any Agreement with the Contractor or sub -contractor without FTA's written approval. 10 rem OWN The Parties agrees to require all Contractors or sub -contractors to flow this requirement down to participants' at all lower tiers, without regard to the value of any sub -agreement. Suspension and Debarment The Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirements to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its proposal, which is attached hereto and made a part of this agreement, the Contractor certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of El Monte. If it is later determined that the proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of El Monte, the Federal Government may pursue available remedies, including but not limited to 12 of 23 suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 20, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower- tier covered transactions. Form 12 — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction. Breaches, Disputes, Defaults and Litigation Resolutions 49 CFR Part 18, FTA Circular 4220.1 E The Breaches, Disputes, Defaults and Litigation Resolutions requirements flow down to all tiers. Notification to FTA: If a current or prospective legal matter that may affect the Federal government emerges, FTA grant recipients must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third -Party Agreements and must require each Third -Party Participant to include an equivalent provision in its sub -agreements at every tier, for any agreement that is a "covered transaction" according to 2 C.F.R §§ 180.220 and 1200.220 Lobbying Restrictions: 31 U.S.C. 1352, 49 CFR Part 19, 49 CFR Part 20 The Parties agree that neither will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Underlying Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) (ii) U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and 13 of 23 (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Recipient's or Subrecipient's proper official channels. Lobbying Certification and Disclosure of Lobbying Activities for third -party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government Wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier, up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) 14 of 23 The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq. )] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] 15 of 23 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Environmental Protections Federal transit laws such as 49 U.S.0 §5323©(2) and 23 U.S.0 § 139, NEPA as amended 42 U.S.0 §§ 4321 et seq., as limited by 42 U.S.C. §5159, and CEQ's implementation regulations 40 C.F.R. part 1500-1508, Joint FHWA and FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. part 771 and 40 C.F.R part 622, "Protection and Enhancement of Environmental Quality" 42 U.S.0 § 4321 note (35Fed. Reg. 4247), Environmental Justice, and other environmental laws. Contractor will comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including federal, state and local laws, ordinances, regulations, and requirements, and follow applicable guidance. Clean Air Requirements: 42 U.S.C. 7401 et seq, 40 CFR 15.61, 49 CFR Part 18 Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 16 of 23 Clean Water Requirements: 33 U.S.C. 1251 Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. Contract Work Hours and Safety Standards Act: 29 CFR 5.5(b) The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from the [Federal] Government." 40 USC 3701(b)(1)(13)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $150,000." 40 USC 3701(b)(3)(A)(iii). The Act applies to construction contracts and, in very limited circumstances, non - construction projects that employ "laborers or mechanics on a public work." These non -construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item 17 of 23 should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The Parties agree to comply and assures that each will comply with all federal laws, regulations, and requirements providing wage and hour protections for non - construction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to 81 Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The City of El Monte shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and 18 of 23 Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Payrolls and Basic Records • The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. The records need not duplicate those required for construction work by the Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute. • The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy or transcribe records maintained under paragraph above of this clause. The Contractor or subcontractor also shall allow authorized representative of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours. (5) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section. Transit Employee Protective Provisions: (1) The Contractor agrees to comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable 19 of 23 to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that the U.S. DOL letter (Exhibit J). (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas 20 of 23 If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. Labor Protections: Transit Employee Protection, Title 49 U.S.C. 5333(b) requires that the interests of employees affected by assistance under most FTA programs shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. Charter Service Operations: The Contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. School Bus Operations: Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. ADA Access: Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities 21 of 23 Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties. Energy Policy and Conservation: 42 U.S.C. 6321 et seq., 49 CFR Part 18 Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Drug and Alcohol Testing: Contractors who perform safety -sensitive functions must comply with FTA's substance abuse management program under 49 C.F.R. part 655 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations." Contractors providing testing services involving the performance of safety sensitive activities must comply with 49 C.F.R. part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs." The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California or the City of El Monte to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 before March 15 and to submit the Management Information System (MIS) reports before March 15 to the City of El Monte City Manager or her designee. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. 22 of 23 b. Race -Conscious Disadvantage Business Enterprises A project -specific goal of 9.0% has been established for this RFP. We highly encourage the utilization of DBE firms on this procurement. All Proposers shall complete and submit "Bidder DBE Commitment," and "Bidders List," at the time of proposal submittal. Please reference required forms included in Appendix 1 entitled "RFP RC -DBE Instructions." 1 The City of El Monte, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority's (Metro's) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). If applicable, Contractor shall furnish all documentation satisfactory to City of El Monte that the work committed to RC-DBE's was actually performed by RC-DBE's. Requests for progress payments shall include a summary of payments actually made to RC-DBE's during the invoice period (Appendix 1) which includes a total of all payments made to all subcontractors under this Contract. RC -DBE participation shall be credited toward the overall RC -DBE goal only when payments are actually made to the RC -DBE firms. CONTRACTOR shall submit on the 15th of every month to City of El Monte Contract Compliance Officer, Appendix 1. Upon completion of the Contract, Contractor shall submit "Final Report -Utilization of Disadvantaged Business Enterprises -First Tier Subcontractors," Appendix 1, and submit with the final invoice. 2 Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by Contractor to carry out these requirements is material breach of this Contract, which may result in the termination of this Contract or such other remedy, as City of El Monte may deem appropriate. 23 of 23 SETTING THE STANDARD FOR COMMUNITY TRANSIT TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 October 13, 2021 Sarah Zadok Transportation Operations Manager City of El Monte 11333 Valley Blvd. El Monte, CA 91731 Re: Proposal for the City of El Monte Fixed Route and Paratransit Services Contract - 2022 Southland Transit is very pleased to present this proposal to the City of El Monte. We have a clear understanding of the requirements established for the City's contracted Fixed Route and Paratransit/Dial-A-Ride services and are fully committed to exceeding them. Southland Transit is a regional leader in providing community public transit services. As the City's current operator of these services, we will bring that experience to the task of implementing system improvements, while continuing to provide exceptional service quality to its transit patrons. We believe that the services we can offer to the City of El Monte are superior for many reasons, including: We have operated City's Transportation Services 2002, and since beginning we have consistently maintained overall rider satisfaction. We have a detailed and thorough understanding of its rider needs. We are proposing a fully qualified and extensively experienced management team with direct experience managing this service, as well as similar services. Our proposed team has demonstrated a high level of collaboration with City staff. Our corporate office and operations facility is located in the City of El Monte, which both enables our operations staff to respond quickly to service issues and senior staff to be highly responsive with supporting the transit service and our project team. We operate multiple transit systems within the San Gabriel Valley and are positioned very well to move resources quickly, in order to continuously maintain high service delivery levels. Additionally, our proposal includes initiatives that we firmly believe will advance the Agency's Transit Services through the following elements: SOUTHLAND TRANSIT, INC. a �� I PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 -are- presenting a wage schedule that substantially exceeds minimum requirements, in order to attract and retain the most qualified, dedicated, customer focused and safe employees to deliver the City's Transportation Services. 0 We have made a major fleet safety commitment to the system by including incident based surveillance technology that allows for real time tracking of dents, as well as unique monitoring of driver safety habits. I hereby certify that all information submitted is true and correct. I affirm that I a' authorized to bind our company to this proposal, that the company will retain all curre employees covered under CA Labor Code 1070 and that the company will execute contract within ten (10) calendar days following Notification of Award. I also affirm th we understand the nature and purpose of the services described in the Request f Proposals (RFP), and hereby acknowledge the clarifications provided in addendurns 2 ?,nd 3, 1 Further, I authorize the company's Vice President/COO, Jason Snow, to serve as our primary contact in negotiating contract terms and pricing on behalf of our company. Jason can be reached by telephone at (626) 258-1387, by fax at (626) 258-1329, or by email at iason@southlandtransit.com. ITI-01110119101awl ME= am= Southland Transit, Inc. 3650 Rockwell Avenue El Monte, CA 91731 Phone- 626.258.1310 1 Fax: 626.258.1329 1 Email: timmvesatransit.com SOUTHLAND TRANSIT, INC. 12 (islv! TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 CoverLetter............................................................................................... 1 I. Background and Experience.................................................................. 7 CompanyBackground............................................................................... 7 FirmExperience......................................................................................... 7 Rangeof Services..................................................................................... 8 Municipal Transit: ............................................................................ 8 Paratransit Operations (Dial -A -Ride) ............................................... 8 Fixed Route Operations.................................................................. 9 Ability to Manage Performance.................................................................. 9 OperationsProfile.................................................................................... 11 Corporate Philosophy.............................................................................. 12 CorporateSupport................................................................................... 12 Corporate Organization Chart ....................................................... 14 Timmy Mardirossian - Resume ..................................................... 15 Jason Snow, CCTM - Resume ...................................................... 16 II. Proposed Personnel & Management Plan...........................................18 Project Organization Chart....................................................................... 18 Experience and Capabilities of Planned Team ........................................ 19 Michelle Gamez - Resume............................................................ 20 Norma Mota - Resume.................................................................. 21 LindaDavis - Resume................................................................... 22 Patricio Mendez - Resume............................................................ 23 Babatunde Akinyele - Resume ...................................................... 24 Project Team Commitment...................................................................... 25 Recruitment and Training......................................................................... 26 Initial Screening Process...............................................................26 Mechanics..................................................................................... 26 RoadSupervisors.......................................................................... 27 Dispatch and Customer Service Employees ................................. 27 Ongoing Screening....................................................................... 27 Management and Personnel Policies...................................................... 27 Equal Employment Opportunity..................................................... 27 Employee Handbook..................................................................... 28 OpenDoor Policy.......................................................................... 28 Sexual Harassment Training......................................................... 28 Drug & Alcohol Abuse Policy........................................................ 28 Safety & Training Program....................................................................... 29 Injury and Illness Prevention......................................................... 29 TrainingProgram.......................................................................... 31 Initial Driver Training..................................................................... 31 Orientation.................................................................................... 31 DefensiveDriving.......................................................................... 31 Curriculum..................................................................................... 32 SOUTHLAND TRANSIT, INC. illy 3 Pre & Post Trip Vehicle Inspection ................................................ 32 Elderly and Disabled Riders.......................................................... 32 Communications........................................................................... 33 FareHandling................................................................................ 33 Route and Service Area................................................................ 33 Hazardous Materials and Blood borne Pathogens ........................ 33 Body Mechanics and Safe Lifting .................................................. 33 Harassment in the Workplace....................................................... 33 FTA Substance Abuse Requirements ........................................... 34 Commercial Vehicle Proficiency.................................................... 34 Behind -the -Wheel Training........................................................... 34 Refresher Training........................................................................ 34 Evaluation..................................................................................... 35 Mechanic Training......................................................................... 35 Road Supervisor Training............................................................. 35 Dispatch and Customer Service Training ...................................... 36 LaborResources..................................................................................... 37 Staffing & Retention................................................................................. 39 BenefitPrograms.......................................................................... 39 Health Insurance...........................................................................39 Dental/Vision Insurance................................................................ 39 PaidTime Off................................................................................ 40 PaidHolidays................................................................................ 40 401(k)............................................................................................ 40 Bereavement Leave...................................................................... 40 Paid Jury Duty Service Leave ....................................................... 40 Sign-on/Retention Bonus.............................................................. 40 Referral Bonus.............................................................................. 41 Compliance with Labor Code 1070.......................................................... 41 DBE Subcontractors................................................................................ 41 III. Maintenance Program/Strategy............................................................43 Vehicle Maintenance Program................................................................. 43 Parts/Fluids Specifications and Requirements..............................43 Revenue Vehicle Service Condition .............................................. 43 Revenue Vehicle Damage............................................................ 44 Driver Daily Vehicle Condition Inspection (Daily Pre -Trip) ............ 44 Maintenance Personnel................................................................45 FuelRecords.................................................................................45 WarrantyWork.............................................................................. 46 Revenue Vehicle Appearance, Cleaning, and Servicing ............... 46 Daily Vehicle Inspection and Servicing ......................................... 47 Wheelchair Lifts and Ramps......................................................... 47 Preventive Maintenance Program ................................................. 48 Preventive Maintenance Inspection — A ........................................ 48 Preventive Maintenance Inspection - Brakes ................................ 49 SOUTHLAND TRANSIT, INC. '�W 14 IV. Preventive Maintenance Inspection - Engine ................................ 49 Preventive Maintenance Inspection - Transmission ...................... 49 Preventive Maintenance Inspection — Cooling System ................. 49 Preventive Maintenance Inspection — Electrical System ............... 49 Preventive Maintenance Inspection — Air Conditioning System .... 50 Preventive Maintenance Inspection — Wheelchair Lift Equipment. 50 Preventive Maintenance Service — Steam Cleaning ..................... 50 Service Vehicle Maintenance Record Keeping ............................. 50 Vehicle Maintenance and Accident Reporting ............................... 51 OperationsPlan..................................................................................... 52 Understanding Expectations....................................................................52 WorkPlan................................................................................................ 53 Customer Service Center.............................................................. 53 Service Productivity and OTP....................................................... 53 Telephone Service........................................................................ 53 TelephoneSystem........................................................................ 53 Telephone Hold times................................................................... 55 TDD and Language Line............................................................... 55 Voice and Data Radios................................................................. 56 Scheduling & Dispatch System................................................................56 Reservations................................................................................. 56 Scheduling.................................................................................... 56 Dispatching................................................................................... 57 Mobile Driver Assistant................................................................. 57 Operations Monitoring...................................................................58 Customer Self-Servicing............................................................... 58 Reporting and Analytics................................................................ 58 Billing and Auditing........................................................................ 58 Balancing Automation Scheduling with Customer Needs ............. 59 Providing Operations............................................................................... 59 Passenger Disturbance & Driver On -Board Security ..................... 59 Fleet Safety - Incident Based Surveillance System ....................... 59 Responses to Vehicle Breakdowns ............................................... 60 Meal/Rest Periods......................................................................... 60 FieldSupervision........................................................................... 61 Meeting Performance Goals.................................................................... 61 Productivity and On Time Performance ........................................ 61 Complaint and Commendation Process ........................................ 61 Data Collection and Reporting................................................................. 62 Monthly Management Report........................................................ 62 Passenger Complaints and Compliments ..................................... 63 Monthly Summaries...................................................................... 63 Service Disruptions....................................................................... 63 TripSheets.................................................................................... 63 Financial Records......................................................................... 63 SOUTHLAND TRANSIT, INC. _ 15 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Invoicing........................................................................................ 63 Accounts....................................................................................... 63 National Transit Database(NTD).................................................. 64 Fare Collection and Passenger Counts ......................................... 64 Fare Box Malfunctions.................................................................. 65 V. Facility/Fueling Plan.............................................................................. 66 Facility Specifications.................................................................... 67 Facility Overhead/Diagram............................................................ 68 VI. Implementation and Transition............................................................. 69 VII. Cost Proposal Forms............................................................................. 70 Form 1-C Fixed Route Combined............................................................ 70 Form 1-D DAR-Para Combined............................................................... 70 Vill. Agency References................................................................................ 71 Most Similar Projects.................................................................... 71 Fixed Route Projects.....................................................................72 Project Overview - 5 Years........................................................... 72 IX. Financial Responsibility........................................................................74 X. Required Forms..................................................................................... 75 Proposal Letter/Certificate of Acceptance ......................................... Proposal Check Sheet...................................................................... PerformanceBond............................................................................ Certificate Regarding Lobbying......................................................... False Claims/False Claims Act Certification ...................................... Civil Litigation History/Civil Litigation Certificate ................................ State of California Drug Free Workplace Certification ....................... Certification of Primary Participant Regarding Debarment, Suspension, and other Responsibility Matters .................................. Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members .......................... RC -DBE Forms................................................................................. XI. Firm Exhibits.............................................................................................. Exhibit 1 — STI Employee Handbook ................................................. Exhibit 2 — STI Drug and Alcohol Policy ............................................ Exhibit 3 — STI Safety & Training Manual .......................................... Exhibit 4 — STI Customer Service Manual ......................................... Exhibit 5 — STI Accident/Incident Investigation Procedure ................ Exhibit 6 — STI Safety, Security and Emergency Preparedness Plan (SSEPP)............................................................................................ Exhibit 7 — STI Injury, Illness and Preparedness Plan (IIPP) ............ Exhibit 8 — Financial Statement......................................................... Exhibit 9 — Sample Rider Survey ....................................................... SOUTHLAND TRANSIT, INC. ti�swifi 6 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE I. BACKGROUND AND EXPERIENCE Southland Transit was formed in 2001 and is a privately held California corporation whose chief executives are Timmy Mardirossian and Jason Snow. The company is under the ownership of Mr. Timmy Mardirossian who maintains an active role as the company's President and CEO. Mr. Mardirossian also manages several other companies under his common ownership that primarily offer complementary paratransit service, as well as taxi and airport shuttle services. The company's conducts its business at 3650 Rockwell Avenue in the City of El Monte. The company's telephone number is (626) 258-1310 and fax number is (626) 258-1329. Southland Transit has built a reputation as one of California's most effective transit companies, operating numerous small to medium sized paratransit and fixed route systems. Because we are locally owned and operated we can ensure that the highest levels of management are directly available to our clients and project managers. Every member of a project staff has direct support and assistance from company executives and corporate managers, every day. Southland Transit, Inc. is one of California's most experienced community transit companies having operated 7 demand response services and 12 fixed -route services. These operations are provided under contract with 9 Los Angeles County cities, the County of Los Angeles Department of Public Works, Riverside Transit Agency and the Los Angeles Metropolitan Transit Authority. Through these experiences we have developed a high level of expertise in the delivery of community transit services. Southland Transit offers the experience of a national operator with the accessibility of a local operator. We can strengthen your operation in in the following ways. Paratransit and Dial -A -Ride: We provide exceptional service to many municipalities and transit agencies, operating customized demand response services. Each service is unique and has its own challenges and we have been able to customize our operations to ensure we give each client and their passengers the necessary attention they deserve. Fixed Route and Shuttle Services: We provide service on numerous fixed -route contracts. We have been successful on small and large projects. We firmly understand the demands and challenges that exist in each type of project, no matter the size. SOUTHLAND TRANSIT, INC. 7 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Southland Transit offers the experience of a national operator with the accessibility of a local operator. We can strengthen your operation in in the following ways. Municipal is We have provided fixed route and paratransit (Dial -a -Ride) service to multiple transit agencies and are proud to have been the operator that started the first fixed -route service for the City of Baldwin Park. In Alhambra, El Monte, Rosemead and Temple City we took over the operations from large national companies and immediately delivered significantly improved services. With our LA Metro and Riverside Transit Agency contracts we have successfully provided services as part of major regional transit systems. Paratransiti ( i - - i In the Alhambra Senior Ride service, we improved system productivity by over 38% since taking over the service in 1998. This represents hundreds of thousands of dollars in annual savings from the old productivity level. These productivity gains were delivered while improving on -time performance from the low 90% level to 98%. Finally, In the City of Rosemead we reduced total annual hours to run the Dial -A -Ride Service by 500, compared to the former provider. This was achieved through more productive reservations and scheduling practices. The above are just some of our highlights that have a particular focus on senior and ADA operations, which we hope will provide insight as to our partnership efforts. SOUTHLAND TRANSIT, INC.�;I 18 Fixed r We have provided service on a number of small to medium sized fixed route operations throughout Southern California since 2001. In every case, we have improved on time performance through a commitment to maintenance and by working with our clients to ensure that route time points were aligned with realistic traffic and ridership patterns. In cites of Alhambra, El Monte, and West Covina, we took over the operations from large national transit companies and were immediately able to deliver significantly improved services. We have been the only operator of Baldwin Park Transit Services and have done all of the route scheduling and much of the route planning for this system, growing this service from four small cutaway buses to six medium duty transit buses. Southland Transit took over operation of the Alhambra Community Transit (ACT) fixed - route system in 1998. Ridership increased every year that we have operated the system due to the cooperating marketing efforts with City staff, which included a summer fun pass system, rider newsletters, and an active customer service survey program. Essential to growth and development of this system has been our improvements in maintenance of the CNG fleet and our work to change the schedules to reflect changes in traffic flow and thereby make schedule adherence consistent. These two factors have made the service more reliable for the riders. Southland Transit is a local transit firm and operates multiple transit systems within the San Gabriel Valley. Our corporate offices are located in El Monte and we are well positioned to move resources quickly, in order to continuously maintain high service delivery levels to all of our clients. Each of our contracts is supported by an independent management team, each of whom are guided and overseen by our various corporate departments. Southland Transit possesses all of the tools and resources necessary to ensure that the City's Transit services can be delivered successfully in light of our other contracts. SOUTHLAND TRANSIT, INC. _���t 19 �i .k TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 We believe that we can provide stronger operations support than any of our larger national competitors. These firms typically position their local manager to spend a great deal of their time managing financial performance. By contrast our managers' report directly to the company's executives and spend most of their time directly with their employees and clients. Our primary commitment is to provide high quality, cost- effective transit services to our clients in Southern California and we believe we do that better than any other firm, national or local. Vehicle Maintenance: Our vehicle maintenance performance is a strong as any of our competitors. We have taken on the challenge of the growing use of alternate fuels and established successful programs with both propane and compressed natural gas (CNG). Our maintenance programs have supported vehicles across the full spectrum from paratransit minivans to 40 foot low floor CNG coaches. Our record of performance on California Highway Patrol (CHP) inspections and third party maintenance inspections has been exemplary. Safety and Training: Our community transit operations have established an exemplary safety record that has allowed us to maintain cost effective insurance coverage for our clients. Our drivers undergo extensive training, with an emphasis on safety. Deployment of High Technology Dispatch: Southland has used GPS and wireless communication with on -board computers to enhance productivity and service reliability in dial -a -ride and flex -route service. We do not believe that any firm in California can match our record of performance in the successful implementation and use of automated dispatching systems for demand response service. National Transit Database (NTD) Reporting: Many of our current contracts require NTD reporting and we are well -versed in the required reporting process. In many of our existing community transit operations we have had to assume primary responsibility for reporting the data to MTA because our smaller cities typically have no staff to handle these reporting functions. We have worked closely with Metro staff to meet all audit requirements. Regulatory Compliance: We regularly train managers on managing in compliance with state and federal law. In addition, we pride ourselves in complying with all applicable federal laws and requirements, including, but not limited to, Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. Local Corporate Support Team: Southland Transit, Inc. is based in the San Gabriel Valley. Our regional presence has allowed us to establish support systems for recruiting, training, safety, reporting, and vehicle maintenance that SOUTHLAND TRANSIT, INC. � $Oi 110 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE allow our project managers to focus on the needs of their clients, and for company executives to be responsive and available to our clients when necessary. Secured, Fully Equipped and Nearby Facility: Our proposed facility is located at 3650 Rockwell Avenue in El Monte and houses all of Southland Transit's San Gabriel Valley community transit operations. It is both secured and fully equipped, offering maintenance on -site 24 hours a day, 7 days a week. Senior Management Experience: Southland Transit's senior management team offers over 40 years of combined experience with providing community based transit services. No senior management team can compete with our knowledge of transit services in the San Gabriel Valley. We believe that we can provide stronger operations support than any of our larger national competitors. These firms typically position their local manager to spend a great deal of their time managing financial performance. By contrast our managers' report directly to the company's executives and spend most of their time directly with their employees and clients. Our primary commitment is to provide high quality, cost- effective transit services to our clients in Southern California and we believe we do that better than any other firm, national or local. Southland Transit is a California S Corporation. The company independently maintains a workforce of 293 employees, of which 74 are City of El Monte residents. We, together with our affiliates, collectively employ a total of 881 employees, including drivers, call center staff and mechanics, and operate passenger transportation services from the following sites: El Monte, CA (Headquarter) Parking (Sq ft) 147,423 Structures (Sq ft) 14,620 vehicles 251 EmployeesSite I 408 Baldwin Park, CA 76,520 11,471 60 99 Perris, CA 105,778 10,222 116 97 Los Angeles, CA (Alameda) 55,710 6,280 120 203 Los Angeles, CA (Hooper) 19,773 7,147 14 24 Sun Valley, CA 40,607 18,634 45 18 Moreno Valley, CA Client Let N/A 1 1 Montclair, CA 64,181 5,411 51 31 SOUTHLAND TRANSIT, INC. ; 1 11 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 We treat every project in a unique manner that addresses the particular needs of that project. We emphasize availability to our clients and a cooperative effort in addressing their concerns and issues that may arise. We groom our project managers to understand that their relationship and collaboration with each client, and support of their passengers, is paramount in the task of providing top shelf community transit service. We are careful not to distract our managers with unnecessary layers of supervision and internal reporting, which fundamentally separates us from our competitors. This results in each of our client enjoying an unmatched level of responsiveness and accountability. Southland Transit is committed to client partnership. Our executives share in this commitment and approach every project in a unique manner that addresses the particular needs of that project and client. We emphasize availability to our clients, and a cooperative effort in addressing the client concerns and issues. As the corporate offices are located in Southern California, our clients have unparalleled access to not only project staff but also to corporate personnel. Timmy Mardirossian, President/CEO Mr. Mardirossian has over 40 years of experience in the transportation field and provides strategic direction to the company. Additionally, Mr. Mardirossian is the chief executive of San Gabriel Transit, which is also a California corporation that was founded in 1953 and was one of the first companies to provide public paratransit services in Southern California. Through Timmy's leadership, San Gabriel Transit has built a strong reputation by effectively operating some of the most difficult demand response operations in the industry, including Access Services. Jason Snow, CCTM, Vice President/COO As Southland Transit's Vice President and Chief Operating Officer, Jason directs all of the company's operations and provides direct support to its managers and clients. Jason has over 20 years of transit experience, including the direct management of individual paratransit and fixed route transit systems that range from 5 to 300 buses. Jason began his career as a bus operator in 1996 and has progressed through all levels of operations and safety management, allowing him to draw on first-hand experience to support Southland Transit project teams. Steve Neimand, General Counsel In a company the size of Southland Transit managing workers' compensation claims and processes can mean the difference between success and failure. Steve's role at our company is to provide on -site training to managers and supervisors on Workers' Compensation as well as disseminate written material and notification of upcoming __w SOUTHLAND TRANSIT, INC. ��� 112 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 seminars on the subject. He processes and forwards all new injury claims to appropriate insurance company and then reviews and monitors all open claims on a regular basis, scheduling claims reviews with each insurance company. Wayne Seale, Director of Maintenance Wayne has been with Southland Transit since its inception in 2001 and has maintained continuous responsibility for the development of our facility and vehicle maintenance programs. Wayne has over 40 years of automotive repair experience and holds ASE Master Technician certification. Wayne's office is located at our El Monte facility and he provides daily maintenance support to our project teams and clients. Ermine Manvelyan, Human Resources Manager Ermine oversees our Human Resource and Compliance programs, as well as administers our benefits programs. Ermine has received training in wage and hour law and is directly available to all managers and supervisors to assist with questions and issues pertaining to employee performance, benefits, wage compliance and complaints. Elin Mardirosian, Risk Manager Elin is responsible for ensuring that company incidents and accidents are reported and properly tracked for claims and submission to clients, as required. Elin actively monitors compliance with established reporting systems, in order to ensure claims are brought to resolution. Haik Ohanian, Information Technology Haik has recently joined our company and will strengthen our IT department through his extensive leadership and technical expertise. Haik has nearly 20 years of technical experience, having lead the unit responsible for providing direct IT support to Los Angeles County Supervisors, and most recently leading operations and contract deliverables for a major IT consultancy firm. Haik understands how IT infrastructure varies by client and is well versed with interpreting contract requirements, as well as developing and supporting solutions that are unique to the needs of each of our projects and clients. SOUTHLAND TRANSIT, INC. tt ( 13 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Corporate Organization SOUTHLAND TRANSIT, INC. 114 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE AND PARATRANSIT OPERATIONS 2022 Timmy • • Resume Presiden• Southland Transit, Inc./San Gabriel Transit, Inc. El Monte, CA 2001 - Present President/CEO 1991 - Present Responsible for overall management, planning, and development for a $90,000,000 per year full service transportation firm. Southland Transit/SGT specializes in quality ground transportation with over 600 taxicabs, a fleet of over 250 Access Services ADA vehicles, eight fixed route projects, the operation of over thirteen municipal dial -a -ride contracts and three regional center transportation projects. California Transit, Inc., Los Angeles, CA 2008 - Present President CTI operates the Central region for Access Services, Inc. Operating 100 Access Services vehicles CTI transports over 1,400 passengers per day. Super Shuttle San Fernando Valley (Arcadia Transit, Inc), Sun Valley, CA 1994 - Present President Developed corporate strategy for a reliable shared ride airport transportation system which has grown to 60 vehicles serving Los Angeles International Airport and the Burbank Glendale Pasadena Airport, and many of the major tourist destinations of southern California. Super Shuttle of the San Fernando Valley provides over 250,000 trips per year and is proud to provide CNG vans as part of its fleet. Tri City Transportation Systems, Inc., Sun Valley, CA 1996 - Present President Tri City operates Checker Yellow Cab of Burbank and Glendale. Responsible for corporate planning, profit and loss, and market development for a 100 taxicab fleet operation. Network Paratransit Systems, Inc. San Bernardino, CA 1997 - Present President Developed corporate strategy for taxicab operations in San Bernardino and Riverside counties. Developed business plan for franchise operations in Ontario later expanding operations to include Ontario Yellow Cab. Currently Bell Cab operates approximately 100 cabs in San Bernardino and Riverside counties. G&S Transportation, Inc., Sun Valley, CA President City Cab in the cities of Glendale, Burbank and Pasadena. 1990 - Present Beverly Hills Cab Company, Inc., Los Angeles, CA 1979-1991 President/Chief Operating Officer During 12 years with Beverly Hills Cab, held all levels of management positions while overseeing acquisitions and was responsible for significant growth strategy. EDUCATION California State University of Los Angeles, Bachelor of Mechanical Engineering 1981 SOUTHLAND TRANSIT, INC. 15 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Jason Snow, CCTM - Resume Vice President/COO Highly responsive Transit Operations Executive with a proven success record of developing and managing cohesive, lean and highly effective teams to deliver safe and efficient transportation services, under contract with public and private passenger transport agencies. Experienced with for profit and non-profit sectors to provide fixed -route, flex -route and ADA paratransit services. Reputation for progressing organizational effectiveness through continual evaluation of service performance and internal processes, in order to introduce best practices and clear organizational accountability for safe, compliant and reliable transportation delivery. PROFESSIONAL EXPERIENCE Vice President/COO Southland Transit, Inc. — El Monte, CA October 2016 to present Senior management representative responsible for the daily operation of Southern California's most experienced provider of community transit contract services. Provides leadership and support to project teams to ensure that they have necessary resources to continually deliver exceptional service to customers. Assistant General Manager — Orange County Transit Authority I Fixed Route First Transit - Anaheim, CA January 2015 to October 2016 Responsible for the administration and daily oversite of operations delivering large urban fixed route service utilizing a combined fleet of 270 full sized CNG/LNG transit coaches and supported by a workforce of nearly 400 union drivers, dispatchers, supervisors. Managed a seamless transitioned of employees from former contract provider and began service without disruption. Developed operations control methods and procedures, training programs and KPI tracking metrics that quickly resulted in sustained improvement of on time performance. General Manager, Multiple Contracts MV Transportation - Salinas, CA March 2014 to October 2014 Responsible for the management, operation and maintenance of fixed route, trolley, paratransit and shuttle services utilizing a combined fleet of 90 cut -away, trolley and hybrid buses, and supported by a workforce of 130 employees who being represented by 3 unions. Services provided to local Transit Agency, Regional Center and two private firms. Resolved major AR backlog of more than $2M within first 90 days. Established compliance with CBA terms for driver scheduling within first month, while simultaneously improving labor efficiency through development and implementation of new run -cut that clearly outlined work assignment and selection procedures. General Manager, Multiple Contracts Keolis Transit America, Inc. Long Beach, CA September 2011 to March 2014 Responsible for the management, operation, and maintenance of fixed route, dial -a -ride, shuttle and demand response services utilizing a fleet of 95 coaches and supported by 120 employees. Services provided in support of 11 accounts, including Los Angeles County DPW, 2 Cities, 2 Universities and 3 Regional Centers. Implemented multiple procedural and work process changes to maximize labor effectiveness and efficiency, as well as improve employee focus, system safety and overall cost-effectiveness. SOUTHLAND TRANSIT, INC.1 1 6 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 General Manager, RTA - Commuter Link I Fixed Route Transportation Concepts, Inc - Riverside, CA 2010 to 2011 Responsible for the management and operation of contracted fixed route and commuter link services throughout agency service area (including San Diego), utilizing a fleet of 84 alternative fuel coaches and supported by a workforce of 150 employees, including 130 Teamsters. Successfully transitioned service between incumbent and successor companies, while maintaining service performance levels for on -time roll out and scheduled routes completed at over 98 percent. Southland Transit, Inc. Vice President of Operations 2009 to 2010 Senior management representative responsible for the bus operations of a regional transit contracting firm, encompassing a fleet of more than 350 coaches, including full size transit coaches using alternative fuels, and an employee base exceeding 600. Principal responsibility maintaining 29 service contracts held primarily with municipal and other public sector clients. Primary responsibility for PnL performance, with a combined 32 million dollar annual budget. General Manager, LA Metro - East Contract Region I Fixed Route ( Express Route Southland Transit, Inc - Baldwin Park, CA 2005 to 2009 Direct responsibility for start-up of the operation with virtually no incumbent employees. Managed the conversion of this operation from a fleet of entirely diesel to alternate fuels, including both CNG and propane. Managed the installation of automated bus washing, CNG Time -Fill station, as well as equipment required for client's TAP fare card & ATMS installation. Project exceeded the performance of MTA's own San Gabriel Valley sector for all key performance criteria, including specifically on -time performance, miles between maintenance failures and miles between accidents. Regional Director of Operations Southland Transit, Inc - Southern CA 2003 to 2005 Responsible for providing management support for start-up and operations of the company outside the Los Angeles basin; including those in Ventura, San Luis Obispo, Lancaster and San Diego. Worked with clients and project managers to insure attainment of project objectives. Regional support of contracts with the Cities of Arcadia, Monrovia, West Covina, Baldwin Park, La Puente, Temple City and the Whittier operation for the County of Los Angeles. EDUCATION AND PROFESSIONAL DEVELOPMENT Community Transportation Association of America Certified Community Transit Manager (CCTM) University of Arizona, Eller Executive Education High Impact Leadership Pepperdine University, Graziadio School of Business Management Paratransit/Transit Management University of Nevada, Reno, College of Extended Studies Management, Supervision and Business Law USDOT, Transportation Safety Institute Certified Mass Transit Instructor FTA Substance Abuse and Program Compliance Instructor Recertification Course in Bus Operator Training SOUTHLAND TRANSIT, INC. _ sari 1 1 7 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE II. PROPOSED PERSONNEL & MANAGEMENT PLAN SOUTHLAND TRANSIT, INC. 118 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 1♦\ r � �\ � �7 \' �s7 ��: �7 si�7rl JEr\ sl l �7 � � � �[f J•.;J � � �!'.r71' � l' 11 �rJS � �Ir i �: Southland Transit's proposed project team is largely comprised of Key individuals who presently serve the City of El Monte in delivery of its Fixed Route and DAR services, and have all demonstrated exemplary performance. Their expertise will be backed by the full support of our corporate management team who are previously identified in this proposal. :Z Senior Project Manager: Michelle Gamez is an experienced and committed manager with a deep understanding of Municipal Transit Systems and passengers. Michelle works closely with assigned project staff and stands ready to coordinate a smooth service transition. In holding this position she is responsible directly to the City's Staff for all tasks described in this proposal, including but not limited to, supervision of all project staff, oversight in the preparation of operational reports and other required information, full participation in community outreach efforts, and response to City officials on any system concerns. Project Manager, Fixed Route Operations: Norma Mota has served as project manager for the City's contracted transportation services for more than 15 years. Norma was born and raised right here in the City of El Monte and has a highly familiar with the area and passenger needs. Norma's primary role will be to respond to all daily inquiries from the City and its passengers, as well as to ensure that Fixed Route service is properly staffed and operates according to all published routes and timetables. Norma will also work closely with City staff to recommend or assist with route realignment, as deemed necessary. Assistant Manager, DAR Operations: Linda Davis has been involved with the City of El Monte's contracted transportation services since prior to Southland being awarded the contract in 2002. Linda understands the service from where the wheels meet the road, having served in virtually all positions, including driver, dispatcher and manager. Linda's experience and rapport with system employees makes her an exceptional fit. Linda's primary role will be to ensure that DAR service is properly scheduled, staffed and delivered, according to contract requirements. Maintenance Coordinator: Patricio Mendez is maintenance professional with over 10 years of experience providing heavy duty vehicle maintenance, including buses. Safety & Training Coordinator: Babatunde Akinyele, is a passenger transportation safety professional who leads our central training and field support activities from his office in El Monte. In this role he provides classroom and BTW training, as well as coordinates field supervision, driver evaluations and in- service training. SOUTHLAND TRANSIT, INC. � 119 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 MichelleSenior Proiect Manaaer SENIOR TRANSIT MANAGER with significant experience in providing general public dial -a -ride and fixed route transit service in highly productive environments using automated dispatching. Experienced with project reporting, both customer required reports and NTD reporting. Responsible for selection and training of customer service and dispatch staff for the company's consolidated call center. PROFESSIONAL EXPERIENCE Southland Transit, Inc. Senior Project Manager 2009 to present Responsible for overall operation of the company's general public dial -a -ride services. Interviewed, selected & trained customer service team leaders and reservationists in effective use of the Trapeze system. Developed the company's approach to the effective use of Trapeze in a dial -a -ride environment. Interviewed potential operators and selected for training. Investigated accidents and/or incidents & provided reports to clients. Handled customer comments and complaints. Developed direct relationships with problem clients to insure their issues were not disruptive to the service. Worked with the other project managers to develop facility wide solutions, in particular the movement of the vehicle washing and cleaning crews from being managed by the maintenance staff to the operations staff resulting in a more accountable and organized vehicle cleaning/detailing program. Project Manager- Alhambra and Rosemead 2012 to 2013 Responsible for the daily operations of the Alhambra and Rosemead Services. Provide supervision for operators and call center. Produced monthly billing reports to suit client needs. Compiled information for and to adhere to NTD reporting requirements. Call Center Manager 2003 to 2008 Managed consolidated call center operation using Trapeze automated dispatching for the Cities of Monrovia, Alhambra, West Covina and the Downey Regional Medical Center. Trained all team leaders and reservationists in the proper operation of the Trapeze system. Monitored telephone performance, system productivity and on -time performance. Managed the service implementation for the dispatch portion of the West Covina Project. Dispatcher 2002 to 2003 Worked as a reservations call taker and later a dispatcher on the Alhambra Transit system. During this period system was changing from a manual system to Trapeze as part of a technology demonstration project. EDUCATION AND TRAINING University of the Pacific, Eberhardt School of Business Transit Paratransit Management Program Certificate Drug & Alcohol Reasonable Suspicion Training Sexual Harassment Awareness/Prevention Training STI Basic Supervision Course Trapeze Dispatch Software Training LACMTA NTD Training SOUTHLAND TRANSIT, INC. 120 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 NormaProject Manager, Fixed Route Operations TRANSIT MANAGEMENT PROFESSIONAL with significant experience in providing both fixed route and demand responsive services. Experienced with project reporting, both customer required reports and NTD rep01 iing. Worked extensively with staff at client cities and transit agencies. Managed the performance of dispatchers, driver supervisors and drivers. Able to speak Spanish fluently, as well as being literate in Spanish. PROFESSIONAL EXPERIENCE Southland Transit, Inc. Project Manager, El Monte 2005 to present Responsible for all aspects of the company's operation in support of the fixed route and dial -a - ride systems for the City of El Monte. Worked closely with City staff to improve reporting systems and provide a high level of service quality. Delivered consistent improvement in the productivity of dial -a -ride systems. Worked with City staff to develop routing modifications to accommodate low floor buses. Project Manager, Baldwin Park 2003 to 2005 Responsible for both drivers and field operations in support of the Cities of Baldwin Park, Temple City and the County of Los Angeles as well as dispatch operations for all of the above plus the Cities of La Puente, Cerritos, Lawndale and unincorporated East Los Angeles. First Transit, Inc. 2002 to 2003 Office Manager, Foothill Transit Operation Responsible for all project reporting and financial functions at this large operation providing service to the Foothill Transit Zone. Supervises administrative staff and provides reports to project management as well as client staff. Was responsible for the entire recruiting operation. First Transit, Inc. 1991 to 2002 Assistant Manager, City of El Monte Operation Handled all project reporting, financial accountability and personnel functions. Provided orientation to multiple project managers and routinely did the project manager job during times when no manager was assigned. Handled employee/staff discipline as well as complaints from the public and the client. In the last two years of the project was responsible for all non - maintenance employees, including drivers. Training & Education University of the Pacific, Eberhardt School of Business Transit Paratransit Management Program Certificate Community Trans. Assoc. of America (CTAA) Understanding Passengers Who Have Experienced Trauma California Assoc. for Coordinated Transportation (CaIACT) Drug & Alcohol Program Manager USDOT, Transportation Safety Institute Reasonable Suspicion and Post Accident Testing Determination Leadership & Supervisory Skills for Women LACMTA NTD Reporting Course Front Line Leadership Training SOUTHLAND TRANSIT, INC. I- 121 % PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF TRANSIT AND PARATRANSIT OPERATIONS - 2022 Linda Davis - Resume - __ __ --Assistant iflanaq3N!MffjjKe��� TRANSIT/PARATRANSIT OPERATIONS MANAGER with proven success in managing effective community transit service, scheduling and conducting quality, productive dial -a -ride service and working with governmental clients to insure the effectiveness and transparency of contracted services. Works closely with transit users and the public to answer questions or concerns on a positive basis. Has worked extensively with both fixed route transit drivers and dial -a -ride drivers to maintain schedule integrity and a positive community image. Highly skilled in the use of scheduling and dispatch software for dial -a -ride. I IC 0 ELI N:*A,:J:g :4 1:01 L1 EN Southland Transit, Inc. 2002 - Prese Operations Manager, City of El Monte Transit System After coming over from the previous contractor as a supervisor and dispatcher, steadily add responsibilities and has been functioning as overall Operations Manager since the prima facility was established in El Monte in 2004. Handles all driver scheduling and driver sign-ons insure effective service coverage. With the assistance of call center staff provides monitoring both fixed route and dial -a -ride performance throughout the day. First Transit, Inc. Dispatch Supervisor, El 111onte Division 1995-2002 Dispatched drivers for fixed route and dial -a -ride services. Also responsible for scheduling, casl� handling, attendance records, answering telephones and other office duties. Trained dispatchers and routers. Dial -a -Ride Driver, El Monte Division 1994-1995 Safely and courteously provided transportation service for the elderly and physically challengeii passengers using the City of El Monte dial -a -ride. Fixed Route Driver, El lhonte Division 1992-1994 Provided safe and on -time fixed route service to patrons of the El Monte Trolley transit system. Durham Transportation, Inc. Special Education School Bus Driver 1991-1992 Transported physically challenged students from home to school and return. LP M Consulting, Inc. Reasonable Suspicion & Post Accident Determination for Drug & Alcohol Testing Southland Transit, Inc. Sexual Harassment Awareness for Supervisors Commercial Driver's License with Passenger Endorsement Verification of Transit Training Southland Customer Service and Dispatch Training Rio Hondo College, Emergency Medical Technician Course 1990-1991 SOUTHLAND TRANSIT, INC. 122 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 o Mendez - Resume Maintenance Coordinator TRANSIT MAINTENANCE FOREMAN with extensive experience in performing a verseeinheavy line vehicle maintenance. Has worked in transit vehicle maa intenn specifically for more than 15 years. I og Southland Transit, Inc. Present Maintenance CoordinatorlLead Technician Assigns and supervisors shop work assignments. Transmission, Multiplex Electrical systems as well cooling systems. Troubleshoots and rep�irs heav components. am� 7'erforms diagnostics of Engine, vs HVAC, charging, starting and Iduty air brake and suspension Technician 1999- 2005 Customer service; Repair of electrical, ignition, charging and starting systems. Perform vehicle suspension, brake, alignment and tire repairs. Diagnose HVAC systems. Repair vehicle emission systems. Assist customers with part identification and diagnosing drivability complaints. Assist with organizing and conducting annual merchandise inventory, Technician 1996- 1999 Heavy line vehicle maintenance. Brake and lobe service. Engine and transmission removal/replacement. Vehicle suspension and alignment repair. Bilingual — English/Spanish Professional Management and Customer Service Proficient with Cummins Insite / Allison DOC Software Automotive Service Excellence (ASE) Certified DVOM Certified Transit Electrical Level fl, /// & IV Certified Cummins 8.9 Level I & /I Certified CNG Fuel System Inspector Certifie#1 EPA 609 SOUTHLAND TRANSIT, INC. 123 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSPORTATION SAFETY PROFESSIONAL with seven (7\ years ofsignificant training and supervisory experience. Experienced with deve|Vping, nnentohng and supervising dhvena, as well as with delivering high quality training in SUppOd Of p8r8tr8nSit and fixed nDUhe transit services. Southland Transit Inc., El Monte, CA 2014 — Present Safety @kTraining Coordinator Oct 2015— Present l[[8iOiDQ and iDStnuCUn0 Of new operator iO take their written test for C|8SS E] CODlOOSrCi8| [)hm8nS License. Conducting Safety nn9etingS, conducting driving evaluation and retraining of operator (in class and behind the wheel (BTVV). Road Supervisor Mar 2015—Oct 2015 Maintain p8rfOnn@nC8 standards as required by the FTA and FOOT. Maintain the safety of vehicle operations, 8Dlp|OyHHS and CUStODl8[S. Monitor operations including dhV8[S, nOUL8S, and assignments; Respond to customer request and emergencies that may occur. Bus Operator Sep 2014—Mar 2015 Providing S8f8' COU[teOUS transportation SHnvi&8 to CUStODl8rS and 8SSiSUOg those with or without mobility devices in boarding and exiting the vehicle. Raytheon Space and Airborne Systems, El Segundo, CA 2004-2012 Bond, Coat and Paint process Lab Supervisor 2009-2012 Supervised 8 highly talented staff, which supported the Space and Airborne Engineering |8bS and production centers for the vvhO|e E| Segundo facility. This included precision cleaning, CUDfU[DlG| C0GtiOg, p@iOUOg' bonding and eDc8pSu|8UDg' Worked with the CO[PgCti0D Action Board (CAB)for quality and process improvements. Electrical Assembly Operation (EAO) Project Manager 2008-2009 GyJS Production Lab Supervisor 2004-2008 EDUCATION AS, Electronic Engineering Technology — ITT Technical Institute CERTIFICATION Bus Operator |natructor-Trun Safety Institute Certified Exominer—Ca|ifornia Department ofMotor Vehicles R6 Sigma Specialist Certified Polymeric Applications Certified Polymeric Application Inspection Certified - SOUTHLANDTRANS[T INC. 124 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 PROJECT AM C01141MITWENT The following table describes the relevant knowledge, availability and experience of our project team that will be responsible for the successful management of City's contracted transportation services. As a demonstration of our commitment to this project we have selected the finest individuals within our company who are all ready to provide the best management and operation of this service beginning on day one. Further, we commit that each will remain dedicated to this project, as described below, and that fully dedicated staff will not be replaced without prior written consent from the City. Key �� � Weekly ResponsibilityProposed DedicatedPersonnel As Senior Project Manager, Michelle will oversee the activities of directly assigned project staff and serve as a MICHELLE GAMEZ first layer corporate contact to the City. Michelle will Senior Project 15% 6.00 ensure that the company remains compliant with Manager regulations and all contract requirements, as well as be directly responsive to the City's Transportation Manager in this regard. As Project Manager, Norma will ensure that the City's Fixed Route system is operated safely and according to published timetables. Norma will also work closely with NORMA MOTA and support the DAR Operations Manager to ensure Project Manager 100% 40.00 service is delivered consistent with all regulatory and Fixed Route contract requirements, as well as be the City's first point Operations of contact for day-to-day project matters/inquiries. We commit to not removing or reducing Norma's availability for this project. As DAR Operations Manager, Linda will be directly responsible for assigned Call Center employees and system drivers. In this role, Linda will ensure that trip LINDA DAVIS requests are scheduled with a high level of customer Assistant Manager 100% 40.00 service and that assigned drivers are safe, prompt and DAR Operations courteous while transporting passengers. We commit to not removing or reducing Linda's availability for this project. Babatunde is currently assigned to oversee our training "TUNDE" AKINYELE department in El Monte. Babatunde is a TSI certified Training Safety 20% 8.00 Coordinator Bus Operator Instructor, and is a certified DMV examiner. Patricio is currently assigned to oversee shop PATRICIO MENDEZ maintenance in our El Monte. Patricio holds multiple Maintenance 20% 8.00 ASE certifications and will work closely with our Fleet Coordinator Maintenance Director, Wayne Seale, to ensure vehicles are properly maintained and available for service. SOUTHLAND TRANSIT, INC. �' I11il 25 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 RECRUITIVEWT x We will use two primary sources to hire employees: 1. As the incumbent provider, we will retain current employees who continue to meet requirements. 2. New hire drivers with no prior passenger transportation experience. It is critical to our overall success that a viable program be established for training individuals without experience. It allows us to maintain balance in our recruitment efforts and be less dependent on the actions of other employers in filling our positions. The screening process for project employees meets all legal and contract specifications. Applicants must complete our application and those seeking a position that requires commercial licensing will submit a current DMV printout (1-16). Those who meet our minimum qualifications will be interviewed and those demonstrating the appropriate interest and character will be offered employment that is subject to their submitting to a complete background, as well as a pre -employment physical and drug screen. In addition, Driver applicants are screened using the Live Scan fingerprint system. Driver applicants must either possess a California CDL with appropriate endorsements, or meet the following minimum requirements for entry into CDL training: 5 years driving experience; 63 DMV record with no more than three (3) moving violations in preceding 5 years; No rail crossing convictions; No reckless driving, DWI/DUI or drug abuse convictions or license suspensions due to such convictions in last ten years; We seek drivers who are able to read, write and communicate in English; however, we appreciate the skills and versatility brought to the service by those who are able to communicate in more than one language. We have had exceptional success in attracting highly qualified technicians to staff our maintenance operations because they are attracted to our commitment to doing the job right. Southland has no layers of bureaucracy to preclude them from participation in the development of effective maintenance policy. Wayne Seale has been instrumental in working with our customers and our technicians to develop a maintenance plan that will produce clean, reliable equipment for Southland drivers. Wayne makes certain that the plan is followed and that the vehicles are maintained to the highest standards. SOUTHLAND TRANSIT, INC. '! 126 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 We seek to recruit technicians who want to be part of an operation committed to continuous learning. Our expectation is that every maintenance employee will make continual progress to develop his or her knowledge and skills. Such development is then recognized in pay increases. SupervisorsRoad Road supervisors are generally chosen from the driver pool or, in the case of a contract take over, from qualified existing road supervisors. We choose individuals who are motivated and show supervisory potential. If the individual chosen has no previous supervisory experience s/he will be sent for a class on supervision through the Transportation Safety Institute. In-house the road supervisors are trained in the procedures for accident investigation, response to service problems, and informed of all service standards for the contract on which they will be working. They also attend a company training session regarding human resources issues and procedures at Southland. EmployeesDispatch and Customer Service Our approach to hiring dispatch and customer service representatives is to seek individuals with computer familiarity, high energy, and bilingual capability. We have had great success in attracting committed, bright, talented workers, in part because we offer a competitive wage with health benefits and, more importantly, we respect the tremendous importance of the customer service department in the success of our company. Ongoingr i Employee selection actually continues throughout the training process. We do not hesitate to remove trainees who are not achieving the desired level of proficiency in any area, including safe driving skills, interaction with riders, ability to read maps and navigate the service area, and ability to use assigned communications and IT equipment. All safety sensitive employees remain subject to ongoing drug and alcohol testing and driving records are checked at least once per year through the California DMV Pull Notice program. OpportunityEqual Employment At Southland Transit we take great pride in our commitment to equality and opportunity in the work place. Our employees represent the ethnic diversity of California. SOUTHLAND TRANSIT, INC. I 127 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 Performance in the work environment is the basis from which we judge our employees. Managers and supervisors are trained in equitable management techniques, and their ability to supervise their employees in a nondiscriminatory and equitable manner is part of their job appraisal. Employee Southland is a California company and is concerned with insuring the highest level of compliance with both state and federal employment practice laws. It is quite common for national employers to note only federal laws in areas such as wage and hour rules, discrimination, leave policies, etc. California laws are frequently more protective of employee rights. The Southland Transit, Inc. Employee Handbook addresses all issues of personal time off, leaves, pay practices, holidays, overtime, family leave, as well as the company's safety, harassment, and anti -violence policies. The handbook was written to fully comply with both federal and state law. It can be found with the written policies submitted with this proposal. Open r Policy Southland Transit maintains an "Open Door" policy to promote communication between employees and management. Employees who are having problems or wish to register a grievance can do so directly to senior management of the company. Their grievance will be heard and the employee's supervisor is given 48 hours to provide a resolution in writing to the principals and the applicable parties. This practice enables employees to utilize and enhance problem solving and managerial skills. Southland Transit senior management believes this process promotes self-esteem and professional growth. Sexual Harassment Training Our Human Resources Manager conducts the mandatory sexual harassment training of supervisors and managers throughout our company. Furthermore, the company schedules classes on a regular basis to insure that new hire managers and supervisors, as well as those who are promoted from within, obtain this required training and meet the refresher requirements. AlcoholDrug & Abuse Policy Southland has an established anti -drug and alcohol misuse prevention program in accordance with the terms of Code of Federal Regulation (CFR) 49 Parts 40 and 655. Testing includes mandatory pre -employment drug screens, random testing, and post - accident testing for all drivers and "safety sensitive" employees as defined by federal law. All drug and alcohol testing is done in accordance with the DOT requirements for split screen testing. In addition Southland has a written policy for a Drug Free workplace in its handbook. SOUTHLAND TRANSIT, INC.(�ST128 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Managers and supervisors also undergo additional training to ensure that they fully understand the requirements and indications for "reasonable suspicion" testing, possible signs of drug and/or alcohol abuse. This allows continued monitoring of workers when reporting for duty and during the course of their workday. A copy of the complete policy can be found in with the written policies submitted with this proposal. 0�17r7.E#EE# . Southland Transit believes that the safe transportation of our customers is the principal responsibility of our company. This statement forms the basis of our safety philosophy. During all aspects of service delivery, Southland Transit will demand that each of its employee place safety as the top priority. We will remind employees that it is our responsibility to protect the safety and health of our passengers. We have dinged a number of highly effective safety programs to ensure that we maintain safety for our employees and customers. Our safety program has three components. Safety Awareness and Training, Accident Prevention and, Safety Awards Safe working habits, defensive driving, and attitude, lifting, accident prevention, program, using the following platforms: training and retraining on driving skills etc., are regular subjects covered in our Safety Messages — Safety messages are regularly updated to focus employees on current topics and problem areas. These are typically announced over our radio system. Safety Posters and Campaigns — Southland Transit will conduct special safety campaigns to highlight particular problems and reinforce safe work practices and driving skills. Safety Meetings — These meetings are held monthly and all employees must attend. Awards Recognition — Drivers are recognized during safety meetings for practicing safe operating procedures. InjuryIllness Prevention Southland Transit has a fully compliant Injury Illness Prevention Program in place as well as a Hazard Communication Program. The plan meets all requirements of good practice as well as state and federal laws. Under this plan regular walk through inspections of the facility and equipment inspections are undertaken, as well as investigation of all reported safety problems. SOUTHLAND TRANSIT, INC.a 29 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Occupational, Environmental Health and Safety Plans and Programs — This program identifies specific programs designed to provide a safe and healthy workplace for employees. Hazardous Materials Program — This program ensures that all employees are aware of the hazards and precautions associated with hazardous substances. The program includes the listing of hazardous substances, container labeling, maintenance of Material Safety Data Sheets, training, hazardous material spill response, and environmental compliance and waste control and disposal practices. Facility Inspections — We periodically inspect our facilities for unsafe or unhealthy conditions and to arrange for corrective actions for unsafe or unhealthy conditions in a timely manner. The frequency of facility inspections is based upon the risk associated with the operating activity, but usually does not exceed more than one month. Equipment Inspections —We have a preventive maintenance program in place to identify equipment malfunctions that could lead to accidents and/or injuries. The preventive maintenance program shall include scheduled inspections and replacement intervals that meet or exceed the recommendations of the equipment manufacturer. Hazard Identification — We maintain a hazard identification and resolution program that provides a method of identifying bus system hazards, assessing their potential impact on the bus operations and efficiently eliminating or controlling them. Accident Investigation — While we do everything possible in our training and ongoing safety meetings to avoid accidents, they do occur and we train our employees how to handle those situations. Every driver is trained in the handling of an accident situation. The driver immediately contacts dispatch and/or the field supervisor when an accident occurs. Dispatch then coordinates an appropriate response, which will include calling City staff to report the accident. The driver is trained to seek appropriate information at the accident scene, which is reinforced by the arrival of a field supervisor or member of management personnel. Pictures are taken at the scene for thorough documentation. Accidents which take place with consumers on board, or when an accident will cause a delay in service are reported immediately. If needed a field supervisor or cover driver will use another vehicle to keep service on time. Driver direction for handling accidents is part of the materials used in training and included in driver guides. Emergency Response — We have prepared an emergency response plan to quickly establish control and chain of command in the event of emergencies. Site specific plans should identify local hazards, evacuation procedures, facility emergency management organization, and include information on emergency resources. Proper Documentation — We have established methods to allow for timely reporting, resolution, and recording of hazards, injuries, and accidents, as well as a reporting system that allows employees to anonymously report workplace hazards in writing, SOUTHLAND TRANSIT, INC. W j'. 130 's M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE identify management resolution and response to the hazard, and a log to record the incident. We have prepared a comprehensive training program to provide safety training that includes classroom instruction with lesson plans and training materials. Our safety rules and guidelines plan informs employees of the hazards of their jobs and appropriate methods for reporting and controlling the hazards to prevent accidents and injuries. Our Safety and Training program identifies the training requirements for each classification of employee and identify the frequency of training and retraining required for each classification. Operator training shall be provided that focuses on defensive driving, rules pertaining to safe vehicle operation, pre -trip and pull-out inspections, emergency procedures, and injury and illness prevention. A copy of our Safety Rules and Guidelines Plan, as well as our Safety and Training Program manual can be found with the written policies provided with this proposal. Initial i Training The following is an overview of the initial driver training curriculum. This system is in use throughout our company and has been used to train transit drivers in service to operations throughout Central and Southern California. Classes follow the training materials from the National Transportation Safety Institute, with further development of materials from Transportation Management Associates for passenger assistance training and the Smith System for defensive driving. As we provide paid training, a trainee is an employee as soon as s/he enters training. The initial session is to introduce the trainee to employee policies and procedures and to insure that all of the necessary initial paperwork is completed. Defensive Driving Our defensive driving instruction includes both the defensive driving course provided by the National Safety Council and the Smith System. In the two programs trainees learn techniques for avoiding accidents on the road, covering such things as attention to situations which can bring about accidents, making yourself aware of the actions of other drivers and pedestrians, the proper methods for crossing, entering and exiting the vehicle. We include the Smith System materials because they provide an exceptional tie in to behind -the -wheel training where our behind -the -wheel trainers use the proven Smith System process: ALL: Aim high in steering GOOD: Get the big picture SOUTHLAND TRANSIT, INC. .wil 131 -. TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 KIDS: Keep your eyes moving LOVE: Leave yourself an out MILK: Make sure they can see you Curriculum The Transportation Safety Institute, the training branch of the Federal Department of Transportation, has developed this 3-part curriculum. Every segment utilizes slide shows and a follow up exam. Vehicle Operations: This segment discusses maneuvering techniques in several different operating environments with a variety of bus sizes. The primary focus is fixed -route operations with large vehicles in a variety of operating environments. Customer Service: This second segment works with the first to give the driver trainee effective tools in handling customers, in both fixed and paratransit applications. Emergency Management: This final segment covers the requirements for handling accidents and vehicle breakdowns. It also builds on the customer service segment in that it sets out methods by which the driver deals with these situations when the vehicle has passengers in congested situations. Pre & Post Trip VehicleInspection In class the trainee learns about the regulatory requirements related to the multiple items a driver must check such as tire tread depths, steering play ratio, air and hydraulic brake testing, etc. The most important part of this training continues with the trainees going through the "hands-on" portion, with buses. Elderly iRiders Empathy and Special Needs: The emphasis here is to train the driver how to respond to these passengers with care and consideration of special needs. Different approaches are used, such as having the trainee visualize what life would be like with a disability: if s/he were required to use a wheelchair, cane, seeing eye dog; if s/he were mobility impaired, lost balance, suffered from a cognitive impairment. The goal is to assist the driver in moving past pure sympathy or a demeaning view to understanding and the ability to aid and assist in a helpful manner. Mobility Device & Securement: Trainees learn the correct use of vehicle lifts, ramps and restraint systems. Every trainee learns this both in the classroom and "hands-on" in the vehicles, acting as a driver and as a passenger. Emphasis is also put on the physical safety of the rider and the driver who is boarding the passenger, as well as completing the task without damage to the mobility device itself. SOUTHLAND TRANSIT, INC. ICI 132 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 ADA Training: The full range of requirements of the American with Disabilities Act as it impacts transit operations is covered here. Thus drivers learn about fares, service animals, discrimination, calling stops, steps to undertake when a wheelchair lift is inoperable so that the passenger is not stranded on the street. This service will operate with radios, thus drivers will be trained in ten -codes and plain speak. In all cases the appropriate time to use the communication device is emphasized. HandlingFare Trainees are familiarized with the correct handling of fares, such as how to use fare boxes, whether assistance in handling currency is appropriate, and explanation of accounting for the number of passengers for reconciliation purposes if the contract so requires. Additionally, trainees are familiarized with the particular contract's fare structure. ServiceRoute and The classroom training is reinforced and supplemented during behind -the -wheel training. The ability to navigate is essential for a driver. Trainees learn how to use a Thomas Guide and learn to route themselves with a Thomas Guide. On fixed -route services they are familiarized with the particular routes on the service. MaterialsHazardous Trainees are familiarized with the hazardous materials that may be encountered in their job including the handling of body fluid spills that could lead to virus transfers, and use of the body fluid kit. Body Mechanics and Safe Lifting Drivers are required to use their body in many aspects of their job. To insure their safety we specifically train on the correct body mechanics for these tasks including the correct method for lifting, pushing, securing wheelchairs, and boarding and exiting the vehicle. Harassment in the Workplace Every employee, beginning as a trainee, is given information on harassment in the workplace. The goal is to make certain that employees know how to report any problems they have as well as to train employees on the many faces of illegal harassment and that Southland does not tolerate this in the workplace. SOUTHLAND TRANSIT INC. �_ST v1st 133 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 "*• Drivers are taught the problems of substance abuse, with regard to the job, but also with an eye to its effect on quality of life. Southland's Drug and Alcohol Policy is covered in detail. All rules and regulations are strictly enforced in accordance with DOT rules and regulations, as well as with the company policies. Commercial Vehicle Proficiency When the driver comes with a C-class license the trainee also undergoes the necessary training to obtain a Commercial Driver's License. Behind-the-WheelTraining No driver operates on Southland service without undergoing behind -the -wheel training. Members of our Safety and Training department select and train all behind -the -wheel trainers. There is at least one behind -the -wheel trainer at every Southland facility. Behind -the -wheel training includes training at a secured parking facility through an obstacle course; road evaluation of the driver's skills; and route training for the specific service. Additionally the trainee learns of the particular system requirements in effect. Once the trainees begin behind -the -wheel training the safety department oversees the efforts, gets continual updates regarding how the training is progressing, and will do behind -the -wheel training themselves when needed. Southland training emphasizes strenuous pre -testing and a formal final review prior to the trainees taking their final or CHIP exams and moving on to "regularly scheduled" driver status. Our formal review is based on the observations of the behind -the -wheel trainer. Behind -the -wheel trainers spend more time with potential employees than any other person in the company. Thus we have given the trainer authority to make a "do - not -hire" recommendation. Refresher Training Every service driver is evaluated by a behind -the -wheel trainer or training supervisor at least twice a year and undergoes retraining if appropriate. Retraining is also scheduled for any driver involved in a preventable accident or incident. There are monthly scheduled safety awareness classes to continually refresh and renew the skills necessary to be an effective, safe and courteous driver. Because we have created an atmosphere where the road operations and training functions work closely together, these safety classes are very productive. The sessions address issues that are particular to the service the drivers are on. In the initial training as well as in the recurring sessions, drivers always have the opportunity to ask questions, and clarify issues. The most important part of training is not to follow a checklist, but to make certain that the participants in the training are SOUTHLAND TRANSIT, INC. li 134 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 actually learning and incorporating the materials presented. Our training department does not pass on people who will not be effective team members. In addition to our general observations and ride-alongs with drivers, we have developed a unique approach to driver evaluations, which allows us to measure the performance of the driver in several key categories. Our evaluation procedure involves a performance appraisal directed specifically at the assessment of those skills required by a demand responsive driver. The evaluation will be the basis for promotion and salary reviews as well as for driver improvement needs. Mechanici The Southland Transit, Inc. Safety Training Policy includes standards for the initial training of maintenance personnel. We require that maintenance personnel who operate a vehicle on a public roadway must have a license applicable to the vehicle operated. Additionally all maintenance personnel undergo a minimum of 20 hours of original driver training including company orientation and policy, defensive driving, hazardous material handling, dealing with blood borne pathogens, sexual harassment, body mechanics, emergency procedures and drug and alcohol policy requirements. Southland recognizes the growing complexities of servicing transit fleets. Today's vehicles include computer systems and advanced cutting -edge engine technologies. In such an environment it is a challenge to keep the maintenance staff current with the industry changes. As quality maintenance is an essential element of service quality we are committed to the continual training and upgrading of our maintenance employees' skills. We use multiple sources for mechanic training including the courses and resources offered by the manufacturers, vendors, as well as the National Institute for Automotive Service Excellence (ASE), the Service Technicians Society, and the Transportation Safety Institute. We have established significant financial incentives for technicians to attain ASE certification. We identify training sources and work with the maintenance staff to arrange their schedule to attend training or study for certifications they need to further enhance their maintenance skills. After a member of staff develops a new expertise through training, s/he is asked then to share that information and expertise with the other employees. SupervisorRoad i i At Southland we also qualify and train road supervisors to be behind -the -wheel trainers. The purpose of this double training and use is twofold. First it is our belief that it is impossible to function effectively as a road supervisor without a thorough knowledge of the driver's duties and responsibilities. Secondly it increases the accountability of SOUTHLAND TRANSIT, INC. " `135 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 training. In many companies trainers are simply asked to produce drivers and the shortcomings of those trainees after graduation is really not the trainer's problem. When a road supervisor is involved in the assessment of trainees by overseeing the behind - the -wheel training, the supervisor is less likely to pass a minimally qualified trainee to driver. Any problems seen in training are problems the road supervisor will have to oversee in daily service. CustomerDispatch and Service Training We are very aware of the multi -cultural atmosphere of California. Of our current Southern California customer over half of the representatives are bilingual in English/Spanish. The diversity of California, however, involves many languages beyond Spanish, thus our customer service representatives also have available to them the use of the Language Line. This service allows translation and full communication with people speaking over 200 different languages, by use of translators who are only a single call away at any time of the day or night. Our training efforts include making the representative feel part of the overall transit operation, so we emphasize knowledge of how their job interacts with and affects the overall delivery of service. A handbook, training videos, training with experienced customer service representatives, and on -going team support reinforces the customer service skills. The handbook, which is maintained at each workstation, includes basic Customer Service techniques, guidance on dealing with callers who have disabilities, and handling of incidents. Our training of Customer Service personnel includes the following components: How to answer calls in a professional and expeditious manner, including how to handle the irate caller, the indecisive caller, and the talkative caller. Operation of the computer program and what information must be entered. We have very experienced Trapeze users in the company who have trained many new users. Each new hire begins as a customer service representative, as soon as their skills progress each is trained to handle the dispatch board, including the computer and its MDC connections or the radio. This cross training allows us the greatest flexibility in assigning employees to insure coverage for our customers. Familiarization with the geographic maps covered by the service. This knowledge is absolutely essential for the system's overall success and efficiency. Initial training is further reinforced by the availability of a map of the service area in the office. The requirements of the service policies and procedures including fare structure, no charge trips, reservation and scheduling procedures, no show policies, the SOUTHLAND TRANSIT, INC.��SWNOI136 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 status of escorts, notification requirements for changed trips, and cancellation policies. Sensitivity in fielding the calls of elderly and disabled riders is an important part of training. We have developed training materials that include ADA requirements, appropriate language, and informing the customer service representatives about such issues as vehicle specifications, and wheelchair availability. It also addresses some of the more complicated issues such as the definition of and how to deal with the service animals that sometimes accompany a disabled rider. In addition to the sensitivity training described above, particular emphasis is given to phone interactions. The videos address the common interactions a call taker will have with customers with emphasis on the difference between being helpful and being defensive or curt. Our handbook also looks at such issues as communicating over the phone when the caller has a cognitive disability. Visual cues and physical gestures can be of great assistance in communicating with the cognitively disabled, and phone interaction removes those visual cues. Thus it becomes even more essential for the call taker to be aware of the issues and problems that can occur, and particularly the methods to overcome them. Training in the use of the TDD in order to facilitate communication with the riders who have hearing impairments. In addition they are trained in the use of the available Language Line, which allows full communication with riders speaking any number of different languages. Accident and incident procedures are a part of all Customer Service training. Forms are kept at every workstation. Detailed step-by-step procedures are outlined in the Customer Service guide. We inform Customer Service staff of service changes as they occur. When policies are changed, or procedures must be reassessed for determination of their effectiveness, meetings are scheduled so that every member of the team is aware of the change. Our experience while operating this service for nearly two decades, combined with a drastically changing economy, has made it clear that a significant increase in wages are necessary to ensure a successful operation. For that reason, wages are a major focus of our proposal. As you will find in the table below, we have made a substantial commitment to improving wages across the board, but with emphasis on our front line operations positions, including specifically drivers. SOUTHLAND TRANSIT, INC.11 137 We believe this is necessary to attract and retain a sufficient number of qualified people to do the job as we plan, and in compliance with the City's requirements. POSITIONAve Rate Supervises and supports project staff to ensure Senior Project Manager 0.15 OVHD work that activities are aligned with client expectations. Directly responsive to City's Transportation Manager. Oversees daily operation of Fixed Route service Project Manager (FR 1.00 $34.38 and ensures that service meets KPI's. Functions as Ops) primary management representative to City staff for daily inquiries and requests. Asst. Manager (DAR 1.00 $28.84 Oversees daily operation of paratransit/Dial-A- Ops) Ride service and ensures that service meets KPI's Safety/Training 0.20 $28.84 Oversees delivery of all operations safety and Coordinator training programs Maintenance 0.20 $35.00 Oversees maintenance program to ensure Coordinator vehicles are safe and in good repair Reporting Clerk 0.50 $17.50 Reviews and certifies trip data to ensure accurate reporting for system Payroll/Benefits Clerk 0.50 $17.50 Enters payroll, distributes/collects benefit forms BTW Trainer 0.25 $19.00 Provides behind -the -wheel training to new operators Road Supervisor 0.50 $19.00 Supports and supervises operators in field Dispatcher 1.78 $17.50 Communicates with drivers and provides route and other updates via radio and MDT Reservations 1.78 $16.50 Takes telephone reservations and provides customer service Operates vehicles according to route and Bus/Van Operator 14.92 $18.25 timetable, provides front line customer service and assists passengers as required Vehicle Technicians 1.75 $32.00 Performs vehicle repairs and preventive maintenance Utility/Service 0.95 $16.00 Performs vehicle cleaning, washing and sanitation SOUTHLAND TRANSIT, INC. l 138 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 STAFFING & RETENTION Employee retention is a major issue for effective transit operation. Operators have to be able to navigate, and experienced operators that know where they are going are very valuable. For the sake of service safety, quality, and productivity, we make a major commitment to keeping every operator who is good at this line of work. This is an area where Southland focuses its attention. Our benefit program is highly competitive, and often superior, to that provided by other firms in our industry. Our package of employee benefits has proven to appeal to employees. In major part this is because we designed the benefit package to appeal to drivers. The plan is the same for all hourly employees. Eligibility to earn time off begins the first day of full time regular employment, which excludes training. A full time employee is defined as one who is regularly scheduled to work 35 hours a week. We also work hard to make certain that anyone who wants a full-time schedule is offered one, as we believe that full-time employees constitute a more stable and committed workforce. Our package includes the following: Employees are eligible to enroll in the health plan at the first of the month following 90 days regular employment (regular excludes initial training time) for employees scheduled to work 35 hours or more in a week. As a company we are committed to finding full time employment for every employee who wishes to work a full schedule, thus allowing the employees to participate in these benefits ■ With increasing costs we work to negotiate multiple coverage options for our employees. This allows the employee to choose among four levels of health care so each can choose coverage and cost that most clearly meets each employee's individual needs. To further reduce the cost we have a 125 plan that allows for the employee to pay for their portion of any benefit cost with pretax dollars. The company pays a significant portion of the cost of the employee's coverage, and the employee may add dependent coverage at their own cost. We believe that the program and the relatively short period for eligibility give us a clear advantage in competing for operator talent. Employees can purchase dental/vision coverage at inexpensive group rates. The employee may also pay for this benefit with pretax earnings under the '125 plan. SOUTHLAND TRANSIT, INC. 'W 'l 139 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Hourly non-exempt employees, who are regularly scheduled to work 35 or more hours a week, earn Paid Time -off (PTO) in amounts tied to the amount of time they are regularly scheduled to work. Paid personal leave can be used for any purpose and can, with prior approval be used by the employee as soon as it is earned. Our policy of starting the accrual immediately and allowing its use as soon as it is earned is a statement to the employees that the company honors and respects their contribution immediately. Additionally our combination of traditional vacation and sick coverage encourages good attendance, as time used for illness cannot then be used for "vacation." Conversely it is well received by employees because they never "lose" their sick time as personal time off accrual is paid at termination in accordance with state law. :�1'T'11.G7tf: Southland pays for six holidays a year. Regularly scheduled operators scheduled to drive on one of these holidays and who do not work because the system on which they work is closed receive holiday pay for the hours of work they miss in regards to the specific holiday. When an operator is assigned to a system that does not close for one of our recognized holidays, and the operator works that holiday, the equivalent hours are dropped into their Paid Time Off account. Southland has a 401 (k) plan for employees who have been with the company a year or more. Employees can defer pretax earnings into the plan as retirement saving. Additionally, we have provided that employees may defer safety incentive payments into the plan, which has proven popular for operators who do not feel comfortable deferring a portion of their paycheck into the plan. Bereavement Southland offers 2 days paid bereavement leave for identified relatives. Paid Jury Duty Service Southland offers paid jury duty service for up to 5 days. Economic circumstances have shifted drastically since the onset of the pandemic, which has resulted in a substantial reduction in available workers. The entire public transportation industry has seen an unexpected inflation in wage growth and labor shortages, especially among drivers, coming out of the pandemic. These changes are endemic to our industry and have made it necessary for nearly all agencies to drastically increase wage rates, in order to maintain a sufficient workforce. SOUTHLAND TRANSIT, INC. ' a #` 140 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 While we have already taken steps to increase wages offered to drivers, we firmly believe that additional incentives need to be in place while these circumstances continue. For that reason we will continue to offer drivers a sign -on bonus of five hundred dollars ($500), which is payable upon completion of training. We will further incentivize drivers to remain with us by offering an additional five hundred dollars ($500) upon completion of probation. These incentives will remain in place until driver turnover becomes stable, which will be determined us maintaining enough scheduled drivers to cover all services according to our bid roster. j_' •• 1 We recognize that our employees can serve as a great source for recruiting outreach and have developed a referral bonus program to incentivize them to spread the word concerning our openings. As a result, employees will receive a five hundred ($500) referral bonus for each driver candidate who specifically identifies them as their referral on and at the time of their application. This referral will be paid once the new driver completes probation. If awarded, STI is committed to retaining all current employees at the project as described in CA Labor Code 1070-1074. Southland Transit has made a large commitment to support the DBE and Small Business community. We work with numerous DBE partners on several subcontracts, two of whom have already demonstrated a proven success record in providing needed services under this project. Accordingly, our proposal meets the established contract goal by committing 3.6% of our proposed revenue to the following DBE partners: 1. Trans -Global Services, Inc. (TGS) will continue to provide janitorial and bus cleaning services. In addition, TGS will provide fully qualified service personnel perform pull in duties, as well as park buses within the facility. Southland has selected TGS as a Protege under its Metro contract and added these responsibilities as part of that mentoring plan. TGS has been in business since 2010 providing auxiliary support services such as janitorial, vehicle washing and cleaning, carpet and upholstery cleaning, and other miscellaneous services to various transportation providers and agencies. Below are listed some of the agencies TGS has provided services for: SOUTHLAND TRANSIT, INC. _ST 141 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 ➢ California Transit, Inc. (Access Services)) providing janitorial and vehicle washing since 2011 ➢ San Gabriel Transit, Inc. (Access Services) providing vehicle washing and cleaning since 2012 ➢ Southland Transit, Inc. (L.A. County and cities) providing vehicle cleaning service since 2012 ➢ Metro Division 95 — providing vehicle cleaning, waxing, detailing, fumigation and janitorial services. TGS has also been contracted to provide enhanced vehicle sanitization services for all of the above entities for the duration of the ongoing pandemic, utilizing EPA -approved chemicals to thoroughly disinfect all vehicles and structures on a daily basis. TGS is the current subcontractor performing bus cleaning and janitorial services for Metro Division 95, and has been doing so since July 1, 2017. TGS has displayed a high level of expertise and competence as shown by the consistently high scores received during Metro's monthly cleanliness inspections. TGS has capable management in place to ensure that we always have the manpower, equipment, and supplies needed to meet or exceed expectations. 2. JCM & Associates will continue to supply Southland with operator, dispatcher and supervisor uniforms. JCM is an apparel distributor in Southern California that has supplied uniforms and corporate apparel to companies nationwide for over 33 years. Their mission is to provide high quality apparel, at competitive prices, and provide excellent customer service. JCM also embroiders logos of apparel in-house and offers a complete line of safety apparel, reflective apparel, and accessories. They have built their business on relationship and reputation. As a result, many of their customers have been with them for decades. They have been certified as a DBE in 37 states and currently supplies our uniforms through Metro's DBE program. SOUTHLAND TRANSIT, INC. �'11 42 °e i� M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE III. MAINTENANCE PROGRAM/STRATEGY Maintenance excellence is a major commitment for Southland Transit, Inc. We have developed an outstanding reputation among clients for developing and maintaining standards that guarantee our maintenance quality is of the highest level. Our record with clients who subject vehicles to third party inspections is superior. We provide consistent quality maintenance that protects the riders and ensures quality on -time service. Southland Transit provides a comprehensive maintenance plan, which is outlined below. Parts/Fluidsi iRequirements At a minimum a 30-day supply of all -preventive maintenance required materials and parts, filters, fluids, etc. is kept in kits to enable better inventory and quality control. Brake lining, drums, hubs, seals and other related parts are stored in sufficient quantities to ensure that at least one complete kit for each vehicle type is in stock at all times. An adequate stock of engine, transmission, cooling system, wheelchair, air-conditioning, heating, suspension, glass and seat parts are stocked based on local availability and order lead times. Small items such as light bulbs, clamps, and hardware are obtained through a supplier. Blanket purchase orders are established with all oil and chemical companies, major parts and component supply companies, as well as local parts houses to ensure that we receive materials on a timely basis. Reorder lists are established based on usage, part availability and lead times. The maintenance manager is responsible for maintaining the inventory system and ordering materials. Southland Transit uses a Driver Daily Vehicle Inspection Report (DVIR) to manage service vehicle condition. Each operator fills out the DVIR on every shift they work. This form is subject to a very specific handling requirement by the California Highway Patrol (CHP). One copy of the form must be maintained by the maintenance office to provide verification that an inspection is completed every day and that relief operators complete a mini -inspection at the time they take over responsibility for the vehicle. If defects are noted, the second copy of the form is used by the maintenance staff for evaluation and/or correction of the defect. The Highway Patrol expects any corrective repairs to be documented by a repair order or repair ticket contained in the vehicle file. If defects are noted, the third copy of the form is retained in the vehicle so that the next operator is SOUTHLAND TRANSIT, INC. t!� 143 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 aware of any defects that have been found. This is a federal DOT requirement. Once the repair is made the maintenance staff will make a note on the bus copy of the DVIR so that the operator knows the defect has been resolved. Together with the "A" inspection the DVIR comprises the foundation of the maintenance program described on the following pages. VehicleRevenue All major exterior or interior damage as a result of accidents, road conditions, vandalism or graffiti results in immediate removal of the vehicle from service. Repairs are completed prior to the vehicle returning to service and at the expense of company. A detailed inspection of the vehicle is conducted after repair to ensure that repairs have been properly performed and that no other physical or mechanical damage exists. Minor body damage is reported to maintenance through the operator's DVIRs and the fueler/washers' daily reports. The repair of all minor damage is scheduled for completion within the same week it is reported. Graffiti is removed immediately. An outside contractor will perform all major accident damage, body repair and painting. Selection of vendors for body repair and painting is subject to the approval of our client in the case of client owned vehicles. Maintenance excellence is a major commitment for Southland Transit, Inc. We have developed an outstanding reputation among clients for developing and maintaining standards that guarantee our maintenance quality is of the highest level. Our record with clients who subject vehicles to third party inspections is superior. We will provide consistent quality maintenance that will protect the riders of the service. Our program exceeds many of the requirements set forth in the RFP. Driver Daily VehicleCondition i (Daily r m ri ) Prior to putting a vehicle into service the driver is required to perform a detailed pre -trip inspection of their assigned vehicle. Any defects or concerns are noted on the Daily Vehicle Inspection Report (DVIR). The DVIR is a three-part form; the original is forwarded to the terminal office and filed by vehicle number; the second copy is forwarded to the lead mechanic for maintenance review/scheduling; and the final copy is retained in the vehicle until responded to in accordance with USDOT regulations. Repairs are prioritized to ensure that all safety related defects are repaired before the vehicle is allowed to return to service. All non -safety related defects are scheduled for repairs in accordance with the priority assigned to the repair. In no circumstance is a vehicle returned to service after an A inspection with any outstanding defects. As part of this pre -trip inspection each driver cycles the wheelchair lift on his or her vehicle, if the vehicle has a lift, prior to the start of revenue service. In demand responsive services no vehicle is allowed in service with an inoperative lift. Drivers are thoroughly trained in pre -trip inspection requirements and are not allowed in revenue service until they can demonstrate full proficiency in conducting the appropriate inspection for the type or types of vehicles they will be called upon to operate. SOUTHLAND TRANSIT, INC. 144 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 As quality maintenance is an essential element of service Nat WNW U)SWI e f0f quality we are committed to the continual training and AUTOMOTIVE SERVICE upgrading of our maintenance employees' skills. We use multiple sources for mechanic training including the courses and resources offered by the manufacturers, vendors, as well as the National Institute for Automotive Service Excellence (ASE), the Service Technicians Society, and the Transportation Safety Institute. We have established financial incentives for technicians to attain ASE certification. We identify training sources and work with the maintenance staff to arrange their schedule to attend training or study for certifications they need to further enhance their maintenance skills. After a member of our staff develops a new expertise through training, they are asked then to share that information and expertise with our other employees. Our maintenance personnel have thorough knowledge of: ✓ Engines, transmissions, and related mechanical equipment. ✓ Methods and procedures used in servicing mechanical equipment. ✓ Vehicle chassis and bodies. ✓ Tools, precision, instruments, equipment, and procedures used in general repair and maintenance of vehicle equipment. ✓ Decimals, fractions, and specifications related to vehicle mechanics. ✓ Specialized areas such as painting, upholstering, brakes, air conditioning, wheelchair lifts, fare boxes, and electronics. In addition, our maintenance personnel have the following skills: • Conduct preventive maintenance inspections and complete associated paperwork. • Inspect vehicle engines, transmissions, and other mechanical, electric, and electric parts and components. • Diagnose vehicle engine, transmission, electrical and electric component system problems. • Repair vehicle engines, transmissions, and other mechanical, electric, and electronic parts and components. Fuel Records All expenses, gallons, and other pertinent fuel information is maintained and compiled monthly. These records are available for City viewing at any time. SOUTHLAND TRANSIT, INC. SI4 145 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Where fuel is purchased directly by Southland the company will be responsible for obtaining state and federal tax exemptions applicable to the purchase and consumption of fuel for this contract. Warranty Work Southland Transit's Director of Maintenance, Wayne Seale, has handled the warranty administration for our company and, if approved, on behalf of our clients. He has managed a number of major warranty efforts in his career, including an extensive campaign dealing with transmission and transaxle. We have found that the key to a successful warranty program is learning the specific criteria employed by each vehicle manufacturer and managing maintenance to the established criteria. Both our tracking systems and our experience will facilitate excellent performance in this area. Southland Transit will coordinate all warranty and maintenance issues with the manufacturer. Applicable Vehicle Codes and Regulations All vehicles utilized in this service are maintained in a safe condition for transportation of the public and meet all the requirements in the California Vehicle Code for passenger transportation vehicles. All replacement parts used to repair and maintain the vehicles conform to the California Vehicle Safety Standards and the California Administrative Code, Title 13. Due to our long history of providing public transportation service our maintenance staff is specially trained to meet the requirements of the CHIP Motor Carrier Safety Regulations and are subject to annual vehicle and terminal inspections. Revenue Vehicle Appearance, Cleaning,Servicing Appearance and condition are paramount to operating an efficient and comfortable transportation system. Our program ensures the fleet is clean, well maintained and presentable to our customers and to the employees who use these vehicles to provide service to our customers. At the end of each service day, vehicles are fueled. The utility workers ensure that all fluids are checked and topped -off, tire condition and air pressure checked, and the overall condition of the interior and exterior inspected, with special attention being given to seat damage, graffiti, or other vandalism that may have taken place since the start of the day. Wheelchair lifts, fare boxes, and lights and flashers are checked. After the fluid and visual inspection is completed the utility worker will record the mileage, amount of fuel, oil and other fluids dispensed; sweep or mop the interior of the vehicle as necessary; clean the windows, seats, and operators' area; and remove any graffiti. The vehicle interiors are swept, vacuumed, dusted or mopped daily to remove all dirt and debris. To the maximum practical extent possible, vehicle interiors are free of litter and debris throughout the day. All foreign matter such as gum, grease, dirt and graffiti are removed from the interior surfaces on a daily basis. Any damage to seat upholstery SOUTHLAND TRANSIT, INC. iOf 146 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 is repaired immediately upon discovery. Ceilings and walls shall be thoroughly cleansed at least once per month, or more often if necessary. Each weekend the interior of vehicles are checked and repaired and the replacement of window inserts, seat inserts, seat upholstery, graffiti, window glass and schedule holders are undertaken as needed. The vehicle exterior is washed twice a week or more often as needed. Once a week the vehicle is subject to more extensive cleaning; at a minimum this cleaning includes ceiling panels, handrails, side panels, seat frames, wheel wells, operator area, modesty panels, door and step areas, destination sign glass, windows, floors, and AC grills. When completed, the vehicle is parked in its assigned place and properly secured. Dailyicle Inspection and Servicing As mentioned previously, prior to putting a vehicle into service the operator is required to perform a detailed pre -trip inspection of their assigned vehicle. If any defects or concerns are noted on the Daily Vehicle Inspection Report (DVIR) a copy is forwarded to the Lead Mechanic, who then opens a work order and schedules the repairs. Repairs are prioritized to ensure that all safety related defects are completed before the vehicle goes into service. All defects reported by operators are addressed within 24 hours of being reported. All safety related defects are repaired before the vehicle is again placed into service. Each operator cycles all lifts on their vehicle prior to the start of revenue service. Except in emergency situations, a vehicle is not allowed in service with an inoperative wheelchair lift. In addition to wheelchair lifts being checked, brakes are checked, as well as lights and flashers. Operators are thoroughly trained in pre -trip inspection requirements and are not allowed in revenue service until they can demonstrate full proficiency in conducting the appropriate inspection for the type or types of vehicles they will be called upon to operate. The effective performance of these inspections is a major item of emphasis for our service monitors. Operators are also expected to leave their vehicle broom clean at the end of the day. DVIRs are available for the City and CHP to review at any time. During each Preventive Maintenance Inspection a thorough check of the wheelchair and lift equipment is undertaken. Wheelchair lifts are tested with a minimum of 500 pounds deadweight and 750 pounds maximum weight to ensure compliance with the ADA requirements. On an annual basis a detailed inspection is done of every lift component to ensure that wear is within acceptable standards. This inspection is done with all shields and panels removed so that every element of the system can be seen and evaluated. Particular attention is paid to wear at pivot/swivel points, integrity of barrier mechanisms, fluid leakage, wiring integrity, and general structural integrity. SOUTHLAND TRANSIT, INC. _STV 147 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Preventive iProgram Our preventive maintenance program consists of the following service and inspection elements: Vehicles are inspected every 20 to 21 working days or, for higher mileage vehicles, 200- 250 miles in advance of the 3,000-mile mark. This schedule will result in a service interval that always exceeds that which is required in the specifications. We have found that our shops are better able to adapt to a schedule based on shop working days than on calendar days. This aggressive schedule exceeds all regulatory requirements and allows us to move more repairs into the preventive and predictive categories. The inspections use the vehicle manufacturers and component manufacturer's recommended severe service cycles as well as all seasonal or campaign work that may be required. The vehicle repair history is reviewed and any scheduled predictive maintenance items or open defects are repaired at this time. Tire maintenance is also accomplished at the A inspection including proper inflation, notation of any irregular wear pattern which might indicate necessary balance or alignment, immediate replacement of any tire which will, in the judgment of the technician, exceed authorized wear tolerance prior to the next scheduled inspection. Tires are not allowed to be operated if they exceed more than 3/32 inch tread depth. Tire rotation is accomplished at every other "A" inspection. W kww SOUTHLAND TRANSIT, INC. 1 48 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 At the time that we take over a fleet of vehicles on a new contract a thorough examination of the vehicle history is made to develop a specific brake maintenance interval targeted to the duty cycle and repair experience. These intervals are evaluated on a continual basis and supplemented by careful inspection of brake condition on each "A" inspection. If the "A" inspection shows a need for earlier brake maintenance the inspection will be conducted either immediately or at another interval, which will allow us to effectively address the condition. Careful measurements are taken and recorded at each brake inspection so that a wear profile can be developed for each type of vehicle in the fleet. This wear profile is then used to refine the preventive maintenance scheduling. The brake inspection incorporates a step where the foreman reviews the brake work just prior to re- installation of the wheels and/or drums. Preventive i iEngine Engine technology has evolved to the point where no single policy can address all of the requirements for engine services. We develop a specific program, based on manufacturer's severe service recommendations, for each facility, which addresses the engine models in the fleet. This program includes written forms providing effective direction for the technician in accomplishing the service. Preventive i ion - Transmissi Transmissions are maintained in accordance with the individual manufacturer's severe service recommendations and in all cases will include filter and fluid changes at the 12,000-mile interval required in the specifications. This aggressive schedule, combined with regular fluid analysis, will ensure optimal transmission life and minimize service interruptions for transmission failures. Preventivei iCooling Cooling system maintenance has become an important step for ensuring that the maximum life is obtained from engines. On an annual basis each cooling system will be tested to ensure that appropriate concentrations of cooling system additives are maintained to optimize engine life. Preventivei i — Electrical Accessible transit service is hard on electrical systems, due in great part to the frequent cycling of wheelchair lift equipment. On an annual basis each electrical system will be thoroughly tested to ensure optimal performance. This inspection will include a battery load test to disclose the need for replacement of any weakening batteries while also SOUTHLAND TRANSIT, INC. 149 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 comprehensively testing the charging system to ensure the battery will not fail due to system malfunction. Preventivei it Conditioning Air conditioning systems are maintained in specific conformity to each manufacturer's requirements. Southland treats every vehicle with any portion of the Air Conditioning system inoperative as a "down bus" thus requiring repair before the vehicle is returned to service. We ensure that every one of our night shift mechanics have the full capability to diagnose and repair air conditioning systems. All repairs and maintenance functions are performed by certified mechanics in strict conformity to current environmental standards for air conditioning service. Monthly reporting on the Preventive Maintenance Monthly Form documents all air conditioning preventive maintenance. The single most important step in effective air conditioning system maintenance is insuring, at each "A" inspection that the condensers are cleaned out so as to insure effective airflow from the condenser fan. Annually, during the month of March and in this case upon taking over the vehicles, a specific campaign will be undertaken to ensure that each air conditioning system is adequately prepared to provide effective service throughout the season when air conditioning performance will be maximized. This inspection will include, state of charge, condition of compressors and compressor drive systems, and condition of the condenser. Preventivei it Lift Equipment During each Preventive Maintenance Inspection a thorough check of the wheelchair lift equipment is inspected. Wheelchair lifts are tested with a minimum of 500 pounds deadweight and 750 pounds maximum weight to ensure compliance with ADA requirements. On an annual basis a detailed inspection is done of every lift component to ensure that wear is within acceptable standards. This inspection is done with all shields and panels removed so that every element of the system can be seen and evaluated. Particular attention is paid to wear at pivot/swivel points, integrity of barrier mechanisms, fluid leakage, wiring integrity, and general structural integrity. Preventivei i Cleaning Each vehicle's engine compartment and undercarriage will be subject to steam cleaning at least once a year, and more often as necessitated as part of responding to a fluid leak. Any vehicle that is subject to a fluid leak repair is referred for steam cleaning prior to its return to service. Our Maintenance Directors are especially attuned to insuring that steam cleaning does not become a replacement for the repair of minor fluid leaks. Serviceiie Maintenance Record Keeping Southland Transit has developed its own proprietary maintenance management system. The system was built in Microsoft Access in consultation with Simetra Systems, our long time data management and reporting system partner. Unlike many off the shelf SOUTHLAND TRANSIT, INC. ,l- 50 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 programs this system was designed specifically for passenger transportation vehicle maintenance and maintenance management. Our system features all of the following capabilities: Preventive maintenance scheduling for four separate Fuel consumption tracking (also provides mileage inputs for PM scheduling). �D Repair order management with techs entering their repairs directly in system. Storage of frequently used repair operations to minimize input. Storage of parts data to minimize inventory management data input. �D Vehicle inventory management. :) Road -call reporting. �D Complete vehicle maintenance cost reporting. :) Maintenance schedule compliance reporting. �D Tracking of warranty repairs. ReportingVehicle Maintenance and Accident Southland Transit maintains an individual file for each vehicle that documents, by date of action, all preventative maintenance functions including warranty work and any other pertinent maintenance data, including but not limited to fuel, lubricants and other fluid use. Maintenance work shall be performed as specified in this Agreement. Records are kept in the individual vehicle file of any accident in which the vehicle has been involved, including the repair work required to return the vehicle to service. All accidents that involve passenger injuries or vehicle damage which are expected to exceed $500 will be reported to the City within one (1) hour of occurrence of the accident. All other accidents and or incidents will be reported to the City within twenty four (24) hours. In the event of any accident, Southland Transit's personnel are trained to comply with all applicable State laws, rules and regulations. Southland Transit's computerized maintenance management system maintains detailed maintenance records. Reports can be generated in a form that will be acceptable to the City. Our reporting system currently meets all requirements of the California Highway Patrol. Records and reports shall include, but not be limited to, the following: �D Daily vehicle inspection and servicing checklists; Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed; Road call reports, or work orders, for each road call identifying date and time, vehicle number, problem and mileage of vehicle; Monthly summary listing by vehicle: mileage, miles since last preventative maintenance inspection and road calls. SOUTHLAND TRANSIT, INC. Wµµ 151 i .r PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF As the current operator of City's contracted transportation services, Southland Transit is highly familiar with the City's service requirements. We have carefully reviewed the RFP, Scope of Work and Draft Agreement and thoroughly understand that: :Z Southland Transit will be responsible for operations and dispatch functions, including real-time dispatching and GPS tracking, administration, personnel management, vehicle maintenance and repair, operations data collection and reporting, federal, state and local regulatory compliance, and coordination and cooperation with City staff. Southland Transit will furnish a facility from which to park assigned vehicles, conduct maintenance, dispatching operations and employee training. Southland will also furnish proposed dispatch systems and telephony equipment, software and service accounts, and all employees necessary to successfully perform the work contemplated by this RFP, including drivers, service workers, mechanics, dispatchers, supervisor and administrative personnel. In addition, all drivers will be fully qualified and trained in a manner that meets with all requirements established by this RFP. Safety, on -time performance, reliability of vehicles, including wheelchair lifts, and overall service quality are key areas of focus for the City's transportation services, and that we must provide service according to the standards established in the Scope of Work. Southland Transit's assigned management staff will assist and cooperate with City staff, as well as attend special trainings necessary deemed necessary by City staff. Southland Transit will provide special and emergency transportation services as requested by the City from time to time. Southland Transit will be required to comply with annual NTD reporting requirements on behalf of the City. Southland Transit is immediately responsible for ensuring successful program operations. Southland Transit will provide all services in a manner that meets state and federal regulations concerning non-discrimination for its employees and El Monte transit patrons. SOUTHLAND TRANSIT, INC. -01 152 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 1 - f 26 O i ServiceCustomer Southland is highly accomplished at providing customer service/dispatching that combines paratransit reservations, paratransit schedule review and paratransit dispatching. In most of our operations this function also includes mailing of brochures and dial -a -ride applications to callers. We operate multiple Customer Service Centers. Our El Monte Call Center handles scheduling and service calls for paratransit service for the City of Pico Rivera, Baldwin Park, La Puente, Temple City and El Monte, as well as for three LA County contracts and Access Services, Inc. There is a second Customer Service Center in El Monte that supports the 365-day service for Access Services, Inc. the Consolidated Transportation Services Agency (CTSA) for Eastern Region of Los Angeles County. As a company we refer to our dispatch and reservationist operations as Customer Service. We believe that this reminds each employee that the purpose of his or her job is to provide the best service possible to the rider. Serviceii We believe that our approach to scheduling will create a strong balance between minimizing wasteful operating hours and improving availability of service. For that reason we are extremely confident that we can meet and regularly exceed the required performance standards established for the City's Dial -A -Ride service. The customer service center is fully staffed to enable personnel to receive phone calls, assign trips, and perform any other duties necessary to efficiently operate the Dial -A - Ride Program. Southland provides an appropriate number of telephone lines so that busy signals are minimized for callers requesting information. Southland Transit will have an appropriate number of call -takers on duty to answer telephone calls. Additional lines and call -takers will be added if necessary to meet performance goals. Southland Transit's main telephone number is answered from 5:00 AM to 10:00 PM for communication between our dispatch personnel, the Operations Manager, and the City staff. During non -business hours, Southland has an answering device with a recorded message advising the caller to call back during the regular transit service hours. Telephone We operate a high functioning cloud VoIP telephone system from Nextiva. This phone system allows us to track the nektiva, performance of our phone reservations staff on each of our V,a,�� ° �' �"�� " � °�� � � N' SOUTHLAND TRANSIT, INC. 'S kOl 153 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 contracts. Nextiva Vo1P service includes all basic features such as three-way calling, call hold/park, voicemail to email, etc. Some major features of the system are: Hosted PBX (Private Branch Exchange) =:> Telephone system is hosted in the cloud => Redundant data centers Phone system is accessible over the internet; no hardware in-house, except phones Increased scalability Low data usage: 100 kbps of upload speed per active phone call Auto Attendant => Provide an instant automated greeting that lets callers choose the person or department they want to reach Make getting to the right person the first time, quick and easy to do Customized greetings specifically designed for each separate service Advanced Call Management & Call Routing => Call distribution technology that allows us to establish a team of specialists for each separate service Ability to direct inbound calls to any person or team in real-time given a set of rules => Manage Call Center Call Queues Identification prompts for representatives so that we do not answer the phone using the name of another system Call Analytics => Tools that measures individual and aggregate data related to incoming and outgoing calls to evaluate phone performance on their contract service => Call tracking includes inbound call volume, call time, hold time, speed of answer, lost calls, and many more metrics Real-time & historical call logs Performance metrics Create custom reports Call Center Manager can monitor all service performance and report such data to the respective City Call Screening => Filters incoming calls for matching criteria to determine whether it is accepted or rejected It's a powerful phone system feature to avoid unwanted calls from telemarketers, spam callers, and robocalls SOUTHLAND TRANSIT, INC. i � 154 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Anonymous call rejection, private call rejection, and number blocking are all useful features that empower your team to screen calls effectively Avoid unsolicited calls and focus on serving your customers Call Recording Securely record two-way audio of phone conversations in the cloud Recordings are all stored in the cloud and accessible remotely Call Queue => Call sequencer that holds calls in queue line so that each is answered in order =:> Callers hear on -hold music or announcements until the next available agent can answer their call => Calls won't be lost to voicemail and they will know their place in line or the estimated wait time Phone Presence =:> Monitor the phone status of employees or colleagues => Let anyone who's available answer incoming phone calls Each of the transit operations serviced out of the office has a separate and identifiable phone number. The City's Dial -A -Ride will retain its local number for service. As calls come in, the phone system identifies which service the caller is attempting to access and routes the call to the appropriate team. The call will be answered by team members saying "Good Morning/Afternoon, El Monte Dial -A -Ride, this is [Name]." The team member will then book the trip requested by the caller on the phone. Our call center is equipped with a monitor, which is also accessible to our Managers, that shows the current wait time and number of calls in the queue for each project. We have found that this visible feedback motivates the staff to work hard to keep the phone performance where it belongs. It also tells the staff when to ask for help at busy times. Our call center is fully staffed, giving us the ability to move resources quickly to ensure an adequate number of reservationists can answer calls for the City's Dial -A -Ride program. TDD and Language Line Southland Transit maintains service and equipment to provide communications with hearing impairments. We also maintain an account with a company to provide Language Line Services. This ensures passengers who do not speak English will have their needs met and we are able to book trips very seamlessly for them. SOUTHLAND TRANSIT, INC.µ 155 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 The average time for a passenger to speak with someone on the language line is three to five minutes. RadiosVoice and Data Vehicles will be equipped with a two-way radio system sufficient for clear communications throughout the service area at all times, and between the service area and the operations/maintenance base of Southland Transit. The radio equipment is available for dispatching as well as emergency situations (such as accidents and mechanical breakdowns). Southland Transit is able to immediately dispatch substitute buses and/or police, fire, or medical help in the case of an emergency. We are proposing a transition to the 5M dispatching system offered by TSS Paratransit, in order to achieve the desired enhancements �, 'r,'��``�� `:�'f�.��"`� "�� `' '`���`' outlined in the RFP; including real-time vehicle tracking, online reservations, mobile apps and the possibility to integrate data with other agency ITMS and ATMS technology. The 5M system is presently used by several paratransit operators in Los Angeles who collectively provide roughly 9,000 passenger trips per day. 5M software provides many advantages, especially improvement of the reservations process and the delivery of highly productive, on -time service. Reservations 5M's trip -matching and demand -balancing algorithm provides customers — at the time of booking — a choice of confirmed pick-up times without reservation agents or customers having to pre -schedule trips into runs. And if there are no matches, 5M provides a choice of times that will help balance out the demand profile peaks and valleys. Moreover, 5M provides the confirmed pick-up times in less than a second. This means shorter call times and hold times, more shared rides and more productive service. And once confirmed pick-up times are selected, they are honored throughout the scheduling process, which enhances the customer experience. In addition, all changes to booked trips and service data are fully trackable. Scheduling Unlike any other system, 5M's innovative scheduling algorithm predicts travel speeds based on day, time and direction. In short, 5M is continuously learning with each new day of travel. No need for guessing or tinkering with speeds. 5M's scheduling algorithm also utilizes a unique incentive and penalty system that balances efficiency with service SOUTHLAND TRANSIT, INC. "'�;'l 156 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 quality in a way that's tailored to your program, using service quality metrics not normally found in other systems. 5M's scheduling algorithm also has available a pre - marking function that gives scheduling priority to certain types of trips, linking them with certain types of resources. 5M's scheduling supports both zoned and unzoned service providers as well as trip exchanges between zoned providers. It generates full routes for dedicated vehicles and creates clusters for taxis and other non -dedicated service providers operating on the fly. And 5M's batch scheduling is really fast (6,000 trips in 40 seconds) and very effective in producing highly productive runs, with the number of unassigned trips reduced to only a handful. All of this results in a reduced operational unit cost, potentially lower capital costs, and potentially reduced labor costs, as well as a more reliable service with greater on -time performance. Dispatching 5M's dispatching algorithm utilizes Google Maps to generate more accurate solutions and more accurate ETAs as it considers real-time traffic conditions. 5M's dual -monitor dispatch workstation displays and prioritizes alerts, pending unassigned trips, and required actions forcing dispatchers to be more proactive, while also automatically providing solutions to the dispatchers. No-show requests and unassigned trips cannot be ignored. 5M provides all information required for dispatcher approval and tracks all information needed for customer disputes. 5M's interactive system maps and tools make it easy for dispatchers to manage unassigned trips, pending events, and high - priority alerts. 5M improves the accuracy of ETAs by providing dispatchers with real- time vehicle location and traffic conditions, while in -vehicle tablets collect accurate service performance data. Mobile Driver Assistant 5M's Mobile Driver Assistant (MDA) provides drivers with step by step instructions as well as a vast array of driver reminders, proximity alerts and other functions designed to improve data accuracy. As each activity is completed, the MDA automatically switches to the next activity. The MDA reminds drivers to report arrivals and departures at stops, and if drivers are not at the correct location when reporting an arrival, the system will warn the driver of a proximity violation. This improves data accuracy and virtually eliminates the need for trip reconciliation. The MDAs provide real-time locations to IVR systems to enable configurable call-outs/texts when the ETA is 5 minutes or less. Customers have loved the two callouts or texts, with one going to the rider, and the other to a family member, a friend, a caregiver, or staff at an agency or facility. Google Maps integration provides navigation and real-time traffic conditions, while safety controls and verbal commands prevent drivers from interacting with the tablet while the vehicle is moving. In addition, with trip schedules pre -loaded onto the MDA, drivers can continue performing trips in the event that communication with dispatchers is temporarily lost. SOUTHLAND TRANSIT, INC. _ST 157 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Operations I ri 5M's Operations Monitoring Console (OMC) allows transit agency staff, as well as service provider managers and supervisors to view live statistics for on -time performance, completed and pending trips, and current alerts. Real-time OTP data for the day's service provides the percentage of on -time and late trips for any fleet or run(s) and breaks down the late trips by degree of lateness. Customer Self -Servicing 5M provides customers with direct booking and ETA information from any mobile device or computer with internet access. 5M's fully -accessible, 508-compliant Mobile Rider Assistant (MRA) software is state of the art, walking customers through the booking process with the same functionality as a reservation agent, only via very simplified screens. For example, this includes providing a choice of two confirmed pick-up times as part of the booking process (as described above in reservations). The MRA provides key information about each element of the trip, warns the customer about double - bookings and other conflicts, and allows customers to review and, if appropriate, change each element of the trip. ETA information, based on Google, is provided in a clear fashion, and shows the location of the vehicle to which a trip has been assigned. Reporting i 5M provides all the reports necessary for assessing service performance and analyzing trends. 5M comes with a built-in data repository where all data is stored and from which data can easily be retrieved and organized via a query screen and 5M's battery of reports and analytics. These reports provide all the essential data needed to analyze performance and pinpoint inefficiencies or on -time issues. 5M also distinguishes between valid and invalid no-shows and between no-shows and missed trips. Most reports can be run by provider, by fleet, by driver, by customer, and for any date range. All reports are pre -built, easily configurable (via filters), sortable, graphable, and exportable to Excel. In addition, 5M's Optimization Lab tool provides a safe test area for detailed analyses of any schedule and what -if planning. In the Optimization Lab, one can almost instantaneously determine how changes to run structure, new vehicle configurations, service mix or policies impact vehicles needed, service productivity metrics, unit costs, service quality metrics. Billingi 5M gives service providers automated, electronic, paperless billing combined with a system of automated checks and balances. For transit agencies, 5M provides auditing features that catch double -billings and fare -collection inaccuracies, while offering 100 percent geo-validated reporting. Since 2002, our software has processed close to 1 billion dollars in transactions. SOUTHLAND TRANSIT INC. �W� 158 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF TRANSIT AND PARATRANSIT OPERATIONS - 2022 Balancing Automation Scheduling with Customer Needs Our goal in supervision of the Customer Service staff as it handles a specific service is training the staff regarding when to use and rely on the automation and when to intervene with manual dispatching. In a busy dial -a -ride service our experience has shown us that it may be necessary to make some of the specific interventions. Passenger Disturbance & Driver On -Board Security Our first objective is to minimize disturbances with effective driver training. We have a very specific training module regarding problem passengers that teaches drivers effective techniques for defusing potential passenger disturbances. We will also have strong support for our drivers from supervisors. Drivers always have the ability to have a supervisor at the bus within minutes to render assistance through use of the supervisor's handheld radio. Through direct communication with the supervisor it will be possible for drivers to access law enforcement directly when there is an incident that might jeopardize the safety of the driver or passengers. SOUTHLAND TRANSIT, INC. 159 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 Any discussion of breakdown response should be prefaced with breakdown prevention. We emphasize vehicle maintenance in every operation as the prime method by which to reduce breakdowns. We believe that we have established an outstanding level of reliability in our operations with breakdowns being a highly rare occurrence. Of course breakdowns do happen and in those instances we respond on three tracks. 1. The first step is to get a mechanic on the radio with the driver. We often find that some simple issue is causing the vehicle problem and the driver can be instructed on how to get the bus back in service. An example of this is a wheelchair lift access door that is not fully latched, causing the vehicle interlock to render the vehicle inoperable; a simple re -latching of the door gets the vehicle back on the road. 2. The second step, and the most important, is getting another bus on the road and the vehicle back on schedule. We expect that, with the close proximity of the service area to the operations facility, we should be able to restore service within 15 minutes. 3. The third step is the dispatching of a mechanic to validate the condition of the bus and handle getting the bus off the street. In all cases a mechanic should be at the bus within 15 minutes. The mechanic timing will not affect the passengers since service will already have been recovered with a substitute bus. The State of California wage order for transportation workers is very clear that any driver working over six hours is to have a lunch period. Despite this clarity this is probably the most often ignored labor provision in our industry. Southland takes a different view; lunches and have always been handled in compliance with California labor standards, period. This is not only the legally required procedure, it also is safer and allows the driver time to "recharge their batteries" to insure that they can maintain a courteous attitude through the second half of the day. On dial -a -ride service this means scheduling lunch breaks into the manifest at the correct time, and emphasizing to the dispatch staff the importance of respecting the scheduled lunch break. We have consistently enforced this rule for both the driver and the customer service staff so that any deviations are confined to emergency situations. This process is made somewhat more manageable with the use of Trapeze, so that the lunch break can be included in the schedule and movement of that can be watched on the program by dispatch staff. SOUTHLAND TRANSIT, INC. 160 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 Fieldi One of the main objectives with field supervisors is to provide support to our drivers on the road. We work at having the drivers perceive road supervisors as a support service that is available to the driver whenever a situation or problem might arise. This type of teamwork encourages communication and faster resolution of service problems than a system where a road supervisor's main objective is to simply watch and grade the people they oversee. We have made front line accountability the foundation of our service delivery. This is also a duty of the field supervisor, who insures that the drivers are ready and fully equipped to begin service at roll out. Drivers who will be absent are required to page the field supervisor so that planning can begin prior to sign -on time to insure the run is covered with a qualified cover driver, and allows for adequate time to get additional drivers to the facility in the case of multiple absences. We have long used this practice as an assurance that every driver coming on service meets with a supervisor who is trained to recognize whether the driver is ready and able to drive, which includes an assessment of drug and alcohol influence. It is often said that companies do well what they feel is important enough to measure. Never were those words truer than in operating a complex paratransit system. We have developed a weekly tracking system comprised of several Key Performance Indicators (KPI's). Each of our Project Managers has the direct responsibility for approving the information that is entered in to this system, thus ensuring they have their finger on the "operational" pulse of each project they oversee. Productivity i We believe that our approach to scheduling will create a strong balance between minimizing wasteful operating hours and improving availability of service. For that reason we are extremely confident that we can operate the City's transit services at the highest possible productivity levels without sacrificing on time performance. Complaint and CommendationProcess Southland Transit strives to avoid service problems. We are constantly monitoring our own performance in this pursuit. We believe that the rider must be satisfied and have developed procedures to ensure customers can provide feedback. We have established a framework that has allows for all complaints and commendations to be received at all operating hours and documented. This report is immediately sent to the manager who contacts each employee involved in order to thoroughly investigate, or to otherwise provide feedback. Managers will also review video on board video in the case of complaints arising in revenue service. All findings SOUTHLAND TRANSIT, INC.ci"�STI ►� 161 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 are shared with the employee and corrective action is taken, as appropriate. Our managers also contact callers to gather more details when needed and to follow up, if requested by the caller. Employees receiving commendations are recognized for their good performance during monthly safety meetings. Furthermore, Southland Transit managers are evaluated on their ability to foster an environment that effectively addresses passenger input and employee performance. They are specifically tasked to be available and responsive to system riders to ensure problems are addressed quickly. T14 Wvris•R 9 MW All records and data prepared and maintained by Southland Transit pertaining to this project are the property of the City and are made available for inspection and copying at no additional charge. Southland Transit will maintain all books, records and documents relating to work performed for the City on file for at least three (3) years following the date of final payment to Southland Transit. All duly authorized representatives of the City will have access to such records for the purpose of inspection, audit and copying at reasonable times during Southland Transit's usual and customary business hours. Southland Transit will compile project operation records which will include, at minimum, data necessary to effectively report system performance, passenger complaints and compliments, vehicle maintenance and servicing, vehicle break -downs and service calls, passenger fares, telephone answering, and accidents and incidents. Additional relative data deemed necessary by the City will be reported as requested. Monthly summaries of project operation records will be submitted to the City in a form that is approved and will include prior month and year to date statistics. Southland Transit prepares information concerning revenue service in the following manner: Monthly Management Report At the end of each month we will prepare a monthly report that summarizes the daily operations information collected during that month. This report is provided to the City within 10 calendars days following the close of the month being reported. SOUTHLAND TRANSIT, INC. 162 i .r TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 Passenger Complaints and Compliments Southland Transit documents operational problems and commendations received from passengers as are communicated. Copies of the contact form will be provided to the City with the Monthly Management Report. At the end of each month, Southland Transit prepares and completes a monthly Operator's Report which summarizes the daily operations information collected during the month. The report will be forwarded to the City within ten (10) calendar days of the end of the reporting month. Service Disruptions Accidents or passenger incidents and action taken with issues related to safety or deemed as a serious operational deficiency to be reported by phone to the City no later than the next working day. Trip Southland Transit currently maintains daily trip sheets and an operations summary for each service day and a summary of each month. Operational data will be collected and compiled daily, weekly, monthly, quarterly, and annually, and reports can be provided according to the individual routs, modes and total system. In addition, individual totals will be provided for peak -hour services, Bus System Improvement Plan services, weekdays, and weekends. The operational data will continue to capture daily total passenger counts, revenue hours, total hours, revenue miles, total miles, fare box revenue, passenger type's documentation of any discrepancies in the number of passengers carried and the amount of fares collected by the operator, passenger pick- ups and drop-off times and locations for the Dial-A-Ride/Taxi services. Financial Records Southland Transit has established and maintains separate accounts of all project expenditures and other relevant financial records. Southland will continue to collect, record, and report all accounting data for the City in accordance with the requirements set forth in the RFP. Invoicing All invoices and related records are subject to audit by the City or other transit related funding partners. Accounts All costs incurred for this project will be recorded in accounts separate from those used for other business activities and in conformance with the State of California, State SOUTHLAND TRANSIT, INC. � � 163 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Controller's Chart of Accounts for Public Transit Operators. These accounts are available for inspection and/or independent audit at the City's election. r. 11 As part of the annual NTD reporting requirements, Southland Transit has complied consistently with the FTA required on -board data sampling to compile statistically valid passenger mile data. All Southland Project Managers annually attend the Metro's NTD reporting workshop. We consistently submit a draft NTD report on operated service to the City no later than one week prior to the submittal date required by Metro. Southland Transit has been the primary contact for NTD Audits. Fare Collection Southland Transit fully understands that all fares collected are to be retained by STI but credited to the City. Fare revenue collected is deducted from the total amount of revenue hours billed to the City. STI reports the total amount of fare revenue on the monthly reports. All cash fares and any other form of payment collected by the driver are deposited in the locked fare box installed on each City vehicle. Drivers determine the correct fare for the passenger upon boarding and ensure that each passenger pays the appropriate fare prior to being provided service. All fares are emptied form the fare box daily at the end of the service day. Total fares are reconciled with the reported number of passengers carried. Southland Transit maintains a separate bank account for the fares collected, however, fares from our smaller projects are in the same account. We are very careful to make certain that the account reconciles with monthly passenger counts. Southland immediately investigates any discrepancies and provides a report to the City. If we cannot reasonably provide a satisfactory explanation for the discrepancy, we understand that Southland is liable for any variances. Free fares, which are the result of late pick up time are considered a variance, and will be noted as such on the invoice for that month. Southland will ensure that all vehicle drivers are aware of and adhere to the fare structure including the acceptance of passes, tickets, transfers and tokens. In addition, our drivers will be required to collect, cancel and/or validate passes and tickets, issue and collect transfers and verify patron eligibility for service. SOUTHLAND TRANSIT, INC. C�_;164 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 At the end of each service day fare boxes are emptied into individual secure bank bags. Fares are counted in our secure cash room. Fares are accounted for by vehicle (route) by day and recorded on a spreadsheet that becomes part of our monthly report. Passenger counting is done currently using trip sheets that are filled out by the driver during the service day. MalfunctionsFare Box In the event that a fare box is not able to accept fares on route, the following shall take place: 1. The driver will immediately inform dispatch of the nature of the problem. 2. A relief bus is dispatched if available. 3. At no time will the drivers handle fares. While the fare box is malfunctioning, cash passengers will ride for free. In the event City elects to sell or provide tickets or tokens to patrons, Southland operators will collect, record, and deposit ticket sales according to instructions of the City. SOUTHLAND TRANSIT, INC. �'11 65 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE V. FACILITY/FUELING PLAN Our proposed project facility is located at 3530 Rockwell Avenue, El Monte, CA, 91731. This facility is well suited for this operation, as it is centrally located and already equipped with virtually all amenities necessary to store, maintain, fuel and clean vehicles, as well as to conduct all operations required under this project. This location has served the City of El Montes contracted transit services for well over a decade. The following table identifies all heavy equipment and tools that are presently available at the proposed facility: 1 Description Brake Lathe-Ammco Model 4000 1 2 Floor Jack -Gray (air/hyd) FSJ 120 3 3 Jack Stands -Gray 25T 4 4 1 OTC Drive on - Service Ramps N/A 2 5 ARI - Hetra Column 'Lift System 18000# 1 6 Mustang - 2 post Hyd Vehicle lift 18000# 1 7 ARI - Hetra Mobil Support Stands 15,000# 4 8 35' Lighted Vehicle Service pit N/A 1 9 Tire Changer - Snap -on EEWH312A 1 10 Tire Changer - Accuturn 5402 1 11 ARI - Hetra HD Transmission Hyd Lift Table N/A 1 12 Wheel Balancer - Coats 950 1 13 Snap -on Mig welder MM250L 1 14 Mac Tools - R134a AC Machine ACR225M 1 15 Robin Air - HID 134a AC Machine Cooltech 1 16 Engine hoist - AC Delco 2 Ton 1 17 OTC HD Wheel Handler 5100 1 18 Mac - Long shaft 1" Wheel gun N/A 1 19 Cheetah - Tire bead seater N/A 1 20 Mac - 20 Ton Press SHP20T 1 21 Snap -on'- Diagnostic scan tool Apollo D8 1 22 Panasonic Laptop - Cummins Insite / Allison DOC CF-53 1 23 Panasonic Laptop - VPG MV1 Diagnostic software CF-53 1 24 MAC Tools - HD Hand held code reader ET3420-HD 1 25; Backup Generator set (Primary)Armstrong ;w/ Asco ATS - 70Kva 1 SOUTHLAND TRANSIT, INC. ci"Sv�_"t 166 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF TRANSIT AND PARATRANSIT OPERATIONS - 2022 26 Backup Generator set (Secondary) w/ Asco ATS Magnum - 70Kva 1 27 Gray- HID Filter crusher CAP-160 1 28 Service Truck w/ compressor F250 1 29 Emergency Response Truck F150 1 Facility Specifications The following illustration identifies the location of STI's proposed project facility in relation to the El Monte Transportation service area. As can be seen, the site is centrally located within the City and is extremely close to the City's Trolley Station, which will minimize deadhead travel distance and time, as well as allow STI to respond quickly to any service issues that may arise. The proposed facility exceeds requirements by providing ample space for uniform parking of revenue vehicles, as well as a large section for onsite employee and non - revenue vehicle parking, as can be seen in the following overhead. The facility includes a large maintenance structure with 4 service bays, large and secured parts storage, as well as administrative space that can comfortably accommodate all administrative, operations and maintenance personnel. SOUTHLAND TRANSIT, INC. ci�sTk 1-1� 167 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE Facility Overhead/Diagram The following diagram illustrates in greater detail the location of all assigned work spaces, as well as on site equipment: i 4� `t A � — --- r---------------�, SOUTHLAND TRANSIT, INC. '�.� 168 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 As the incumbent contractor for the City's contracted transportation services Southland's implementation tasks will be limited only to changes with our approach. The facility, call center and most equipment needed is already in place to support a seamless start up. However, we have made several commitments, which will also involve some new equipment. Our implementation steps are as follows: 1. Enter into contract with City of El Monte: STI will execute and return an original copy to the City within ten (10) days of receiving a notice to proceed. 2. Provide Performance Bond and Insurance to the City: Southland will provide the City with an annual bond prior to commencing work. 3. Enter into formal subcontract agreements with DBE vendors: Southland already maintains formal written agreements with Trans -Global and JCM. These agreements will be amended to reflect the specific services and value associated with this project. 4. Outfit DAR vehicles with MDT (Tablets): Southland employs professional staff right here in El Monte who regularly install all on board communications equipment. We stand ready to update the City's DAR fleet upon receiving notice to proceed and can commit that this step will be completed prior to commencing service under the new contract. 5. Implement 5M Software for Dispatching and Scheduling: This software is already in use by our affiliates in El Monte and will not require any major steps to implement. SOUTHLAND TRANSIT, INC. 169 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF TRANSIT AND PARATRANSIT OPERATIONS - 2022 SOUTHLAND TRANSIT, INC. 170 Form 1-C: COST PROPOSAL 2022123 2023/24 - Fixed Route Combined (hourly) 2024125 2025126 2026/27 2027/28 2028129 2029/30 YR1 YR2 i YR3 YR4 ` YR5 0YR1 OYR2 OYR3 OPERATIONS Driver Payroll $ 517,214.20 $ 540,488,84 $ 562,108.40 $ 581,782.19 $ 602,144.57 $ 623,219,63 $ 645,032.31 $ 667,608,44 Driver Benefits & Payroll Expenses $ 125,548.68 $ 131,198.37 $ 136,446.30 $ 141,221.92 $ 146,164.69 $ 151,280.46 $ 156,575.27 $ 162,055.41 Other Operations Staff Payroll $ 208,225.54 $ 217,595.69 $ 226,299.52 $ 234,220.00 $ 242,417.70 $ 250,902.32 $ 259,683.91 $ 268,772.84 Other Operations Staff Benefits & Payroll Expenses $ 50,544.71 $ 52,819.22 $ 54,931.99 $ 56,854.61 $ 58,844.52 $ 60,904.08 $ 63,035.72 $ 65,241.97 Driver Training Payroll $ 14,040.30 $ 14,672.11 $ 15,259.00 $ 15,793.06 $ 16,345.82 $ 16,91T92 $ 17,510.05 $ 18,122.90 Driver Training Benefits & Payroll Expenses $ 3,408.14 $ 3,561.51 $ 3,703.97 $ 3,833.61 $ 3,967.79 $ 4,106.66 $ 4,250.39 $ 4,399.16 Supplies $ 1,982.06 $ 2,041.52 $ 2,102.76 $ 2,165.85 $ 2,230.82 $ 2,297.75 $ 2,366.68 $ 2,43T68 Vehicle Costs - Maintenance $ 124,315.04 $ 129,909.22 $ 135,755.13 $ 141,864.11 $ 148,248.00 $ 154,919.16 $ 161,890.52 $ 169,175.60 Fuel to be provided by the City at the City's expense Communications Equipment $ 10,739.67 $ 11,222.96 $ 11,671.88 $ 12,080.39 $ 12,503.21 $ 12,940.82 $ 13,393.75 $ 13,862.53 Miscellaneous Operations Costs $ 8,549.59 $ 8,934.32 $ 9,291.69 $ 9,61&90 $ 9,953.49 $ 10,301.87 $ 10,662.43 $ 11,035.62 TOTAL OPERATIONS EXPENSES $1,064,567.93 $1,112,443.76 $1,157570.64 $1,199,432.65 $1,242,820.61 $1,287,790.65 $1,334,401.03 $1,382,712.14' OTHER COSTS Administration/Management Payroll $ 117,587.98 $ 122,879.44 $ 127,794.62 $ 132,267.43 $ 136,896.79 $ 141,688.18 $ 146,647.26 $ 151,779.92 Administration/Management Benefits & Payroll Expenses $ 28,543.33 $ 29,827.78 $ 31,020.89 $ 32,106.62 $ 33,230.35 $ 34,393.42 $ 35,597.19 $ 36,843.09 Insurance $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 $ 201,486.66 Facility Rent $ 48,344.04 $ 49,794,36 $ 51,288.19 $ 52,826,83 $ 54,411.64 $ 56,043,99 $ 57,725.31 $ 59,457,07 Utilities $ 2,900.64 $ 2,987.66 $ 3,077.29 $ 3,169.61 $ 3,264.70 $ 3,362.64 $ 3,463.52 $ 3,567.42 Other/Overhead Costs $ 96,842.04 $ 99,747.30 $ 102,739.72 $ 105,821.91 $ 108,996.57 $ 112,266.46 $ 115,634.46 $ 119,103.49 Profit/Fee $ 43,843.46 $ 45,158.76 $ 46,513.52 $ 47,908.93 $ 49,346.20 $ 50,826.58 $ 52,351.38 $ 53,921.92 TOTAL OTHER COSTS $ 539,548.15 $ 551,881.96 $ 563,920.89 $I 575,587.99 $ 587632.90 $ 600,067.93 $ 612,905.77 $ 626,159.57! TOTAL ANNUAL COST $1,604,116.08 $1,664,325.72 $1,721491.53 $1,775,020.65 $1,830,463.51 $1,887,858.58 $1,947,306.80 $2,008,871.71 Vehicle Revenue Hours (projected) 21307 21307 21307 21307 21307 21307 21307 21307 PROPOSED COST PER VEHICLE REVENUE HOUR $ 75.28 $ 78.11 $ 80.79 $' 83.31 $ 85.91 $ 88.60 $ 91.39 $ 94.28 Form 1-D: COST 2022/23 YR1 PROPOSAL 2023/24 YR2 - DAR/Para 2024/25 YR3i 2025/26 YR4 Combined 2026/27 YR5 (hourly) 2027/28 0YR1 2028/29 OYR2 2029/30 OYR3 OPERATIONS Driver Payroll $ 119,512.17 $ 124,292.66 $ 128,642.90 $ 133,145.40 $ 137,805.49 $ 142,628.69 $ 147,620.69 $ 152,787.41 Driver Benefits & Payroll Expenses $ 29,010.41 $ 30,170.82 $ 31,226.80 $ 32,319.74 $ 33,450.93 $ 34,621.72 $ 35,833.48 $ 37,087.65 Other Operations Staff Payroll $ 69,147.66 $ 71,913.56 $ 74,430.54 $ 77,035.61 $ 79,731.85 $ 82,522.47 $ 85,410.75 $ 88,400.13 Other Operations Staff Benefits & Payroll Expenses $ 16,784.92 $ 17,456.31 $ 18,067.28 $ 18,699.64 $ 19,354.13 $ 20,031.52 $ 20,732.62 $ 21,458.26 Driver Training Payroll $ 3,385.18 $ 3,520.59 $ 3,643.81 $ 3,771.34 $ 3,903.34 $ 4,039.95 $ 4,181.35 $ 4,327.70 Driver Training Benefits & Payroll Expenses $ 821.72 $ 854.59 $ 884.50 $ 915.46 $ 947.50 $ 980.66 $ 1,014.98 $ 1,050.51 Supplies $ 477.88 $ 497.00 $ 514.39 $ 532.40 $ 551.03 $ 570.32 $ 590.28 $ 610.94 Vehicle Costs - Maintenance $ 30,581.84 $ 31,805.11 $ 32,918.29 $ 34,070.43 $ 35,262.90 $ 36,497.10 $ 37,774.50 $ 39,096.61 Vehicle Costs - Fuel $ 23,047.75 $ 23,969.66 $ 24,808.60 $ 25,676.90 $ 26,575.59 $ 27,505.74 $ 28,468.44 $ 29,464.83 Communications Equipment $ 3,624.33 $ 3,769.30 $ 3,901.23 $ 4,037.77 $ 4,179.09 $ 4,325.36 $ 4,476.75 $ 4,633.43 Miscellaneous Operations Costs $ 11,587.80 $ 12,051.31 $ 12,473.11 $ 12,909.67 $ 13,361.51 $ 13,829.16 $ 14,313.18 $ 14,814.14 TOTAL OPERATIONS EXPENSES $ 307,98170 $ 320,300.96 1$ 331,511.48 $ 343,114.38 $ 355,123.39 $ 367,552.70 $ 380,417.05 $ 393,731.64' OTHER COSTS Administration/Management Payroll $ 71,099.22 $ 73,943.19 $ 76,531.20 $ 79,209.79 $ 81,982.13 $ 84,851.51 $ 87,821.31 $ 90,895.06 Administration/Management Benefits & Payroll Expenses $ 17,258.64 $ 17,948.98 $ 18,577.20 $ 19,227.40 $ 19,900.36 $ 20,596.87 $ 21,317.76 $ 22,063.88 Insurance $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 $ 53,676.29 Facility Rent $ 11,655.96 $ 12,005.64 $ 12,365.81 $ 12,736.79 $ 13,118.89 $ 13,512.46 $ 13,917.83 $ 14,335.37 Utilities $ 699.36 $ 720.34 $ 741.95 $ 764.21 $ 78T13 $ 810.75 $ 835.07 $ 860.12 Other/Overhead Costs $ 10,907.96 $ 11,235.20 $ 11,572.26 $ 11,919.42 $ 12,277,01 $ 12,645.32 $ 13,024,68 $ 13,415.42 Profit/Fee $ 13,856.80 $ 14,272.50 $ 14,700.68 $ 15,141.70 $ 15,595.95 $ 16,063.83 $ 16,545.74 $ 17,042.11 TOTAL OTHER COSTS $ 179,15423 $ 183,802.15 $ 188,165.39 $ 192,675.60 $ 197,337.77 $ 202,157.02 $ 207,138.69 $ 212,288.25 TOTAL ANNUAL COST $ 487,13593 $ 504,103.11 $ 519,676.87 $ 535,789.99 $ 552,461.15 $ 569,709.73 $ 587,555.73 $ 606,019.90I Vehicle Revenue Hours (projected) 4927 4927 4927 4927 4927 4927 4927 4927 PROPOSED COST PER VEHICLE REVENUE HOUR $ 98.87 $ 102.31 $ 105.47 $ 108.74 $ 112.13 $ 115.63 $ 119.25 $ 123.00 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF AND PARATRANSIT• 2022 VIII. AGENCY REFERENCES Southland Transit's has been a municipal transit service provider since 2001. The Company's formation resulted from a merger of the public transportation contracts that were formally operated by its affiliate, San Gabriel Transit, and another local transit contracting firm. San Gabriel Transit was founded in 1953, and remains the most reputable provider of ADA paratransit service in Los Angeles. With a combined total of 68 years of public transit experience, Southland Transit has built a reputation as one of the most effective transit companies having successfully operated services under contract with multiple Cities, Counties and Transit Agency's throughout Southern California. City of El Monte — Current 3990 Arden Dr, El Monte, CA 91731 Contact Person: Sarah Zadok 626.580.2236 Length of Service: June 2008 to the present' Type of Service: Fixed -Route and Dial -a -Ride 111 Vehicles CAT of EL MON,w Annual Contract Value: $ 1,714,278 Est Annual Revenue Hrs: 30,330 City of Baldwin Park - Current 14403 E Pacific Avenue, Baldwin Park, CA 91706 MEN ', Contact Person: Sam Gutierrez 626.960.4011 ext 460 „a„ HUB, 4 F ; •'�" Length of Service: 1997 to the present Type of Service: Fixed -Route and Dial -a -Ride 110 Vehicles�����°��` Annual Contract Value: $ 1,170,000 Est Annual Revenue Hrs: 25,000 City of Alhambra (ACT and Senior Ride) - Completed 111 South First Street, Alhambra, CA 91706�` Contact Person: Mary Chavez 626.308.4880 Length of Service: October 1998 to 2019 Type of Service: Fixed -Route and Dial -a -Ride 117 Vehicles�� Annual Contract Value: $1,208,868 Est Annual Revenue Hrs: 38,906 San Luis Obispo Regional Transit Authority (SLORTA) - Completed 1150 Osos Street, Suite 206, San Luis Obispo, CA 93401 Contact Person: David Lilly Length of Service: July 1, 2003 to June 30, 2007 REGIONAL Type of Service: Fixed -Route and Dial -a -Ride 130 Vehicles Annual Contract Value: $ 2,254,838 Est Annual Revenue Hrs: 54,325 SOUTHLAND TRANSIT, INC. �'11 71 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTIF AND PARATRANSIT• 2022 Metropolitan Transit Authority, Los Angeles - Current One Gateway Plaza, Los Angeles, CA 90012 Contact Person: Sandra Solis 213.922.6266 Length of Service: July 1, 2005 to the present Type of Service: Fixed -Route 141 Vehicles Metro Annual Contract Value: $13,911,550 Est Annual Revenue Hrs.: 115,000 County of Los Angeles, Sunshine, El Sol & Heights Hopper Shuttle Service - Current 900 South Fremont, Alhambra, CA 91803 Contact Person: Vanessa Rachel 626.458.5960 Length of Service: 2018 to the present Pu plc` KS Type of Service: Fixed Route 127 vehicles Annual Contract Value: $3,707,246 Est Annual Revenue Hrs: 54,796 SOUTHLAND TRANSIT, INC. '� 172 TRANSITPROPOSAL FOR THE CITY OF EL MONTE FIXED ROUT t •ERATIONS f SOUTHLAND TRANSIT, INC. 73 °e 74 M1 tk[... f4vS;p PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE 2iU�\�"iaO�U\O`- "a'CSC, Se"v'a.OUt OU\ti`��UUtiS'S' �\\OCb,.�\`�.'S\\\\\'\"'�Q`,li��. OYOUR:.`3.'1'O\l\O`�`ODU�"l.S�,"`. "ul`�``."��ti.\�OSti\`�\\\:"U ��O``a'o\'\SS��'�1.'S'.'�.'�`ti'�:.t�`.�4\,'�10UU�`u "�>�"`�\��S�al°:.iti",SS.'• IX. FINANCIAL RESPONSIBILITY Southland Transit, Inc. is one of the strongest locally owned transportation companies in the region. We have no adverse financial conditions to report and have included in the exhibit section our most recent financial statement, which has been signed by a CPA and includes our compiled balance sheet and income statement. Southland Transit, Inc. requests that access to this information be limited to the least number of people necessary and only those who are required to evaluate our financial standing. SOUTHLAND TRANSIT, INC. �'11 74 3 PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTE TRANSIT AND PARATRANSIT OPERATIONS - 2022 X. REQUIRED FORMS =VINTE rim- - =## BE= 4irT-x4j nr4?-=9ff*-Td-T Civil Litigation History/Civil Litigation Certificate State of California Drug Free Workplace Certification Certification of Primary Participant Regarding Debarment, Suspension, and other Responsibility Matters Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members 1. Commitment Form 2. Affirmation Forms 3. DBE Certificates SOUTHLAND TRANSIT, INC. 175 PROPOSER Southland Transit, Inc. NAME: City of El Monte In response to the Request for Proposal (RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP ,*Iocuments, ;m*' herelavtroliose to lierform and corritlete the work as reauired in the Contract— itag to the City prior to the commencement of Scope of Work the necessary original Certificate of Insurance. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable): Addenda No(s). 1, 2 and 3 zmzm Proposer represents that the following person is authorized to negotiate on its behalf with the City in Connection with this RFP: Jason Snow, Vice President/COO (626) 258-1310 Name Title Phone The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work *r the cost thereof. The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these RFP Documents. Timmy Mardirossian Type or Print Name 3650 Rockwell Avenue Business Address iffl®r MOTME0=1 I M#1114111=10 General u� ire gents Have you completed and enclosed the Cost Proposal (Form 1)? 0 Yes No Have you completed and enclosed the Proposal Letter (Form 2)? N-1 ❑ Yes No Have you completed and enclosed the Proposal Check Sheet (Form 3)? ® ❑ Yes No Have you enclosed all required Attachments, Forms, etc.? ❑ ❑ Yes No Have you enclosed at least three current client references? ❑ ❑ Yes No Have you enclosed at least one previous client reference? ❑ ❑ Yes No Have you included your Certification Regarding Lobbying? ❑ ❑ Yes No Have you included your False Claims Act Certification? [x_1 ❑ Yes No Have you included your Civil Litigation Certification? ❑ Yes No Have you included your DBE Certifications, if applicable? Eil ❑ Yes No Does your company currently possess a business license for the City of El Monte? ❑ ❑ Yes No Does your company currently provide transportation service to El Monte Residents? ❑ ❑ Yes No Does your company have previous experience in providing transportation FRI ❑ service to El Monte resident? Yes No Is your operations facility located in the El Monte service area? ❑ ❑ Yes No Have you provided the address and complete description of your proposed ❑ ❑ operations facility? Yes No Have you provided a list of all other operations provided from the FRI ❑ proposed operations facility? Yes No Recruitigg & Training Do all of your drivers receive BO hours of classroom instruction and ❑ ❑ operation training? Yes No Does your company employ a full-time training staff? ❑ ❑ Yes No Does your company employ a full-time driver recruiter? Yes No Does your company participate in the California DMV Employer Testing Program? Ve, Vo Do all of your drivers receive at least 12 hours of annual refresher training? FRI El Yes No Does your company currently employ El Monte resident? ® E-1 Yes No f �et Have you included a copy of your company's safety plan? N ❑ Yes No Does your company employ trained accident investigators? FRI El Yes No Insurance Does your company provide at least $5,000,000 Automobile Liability coverage? Fx-1 El Yes No Does your company provide at least $10,000,000 General Liability coverage? Z El Yes No Does your company provided $1,000,000 Workers Compensations coverage FRI El to all employees? Yes No Billing & Re2orting Does your company use auditing procedures to ensure the accuracy of fare collection and billing? e ]s 0. Are audit procedures fully described in your proposal? FRI El Yes No Project Staffing Have you identified the Project Manager in your proposal and provided X F-1 a complete description of his/her experience and qualifications? Yes No MeFI and/or road supervisors? ZZMEM K�ffol I —XI El Yes No 10 0 Yes No Other Does your company survey its customers for satisfaction/needs ratings? Fx-I 0 Yes No Have you provided copies of survey results and sample surveys in your proposal? Fx-] 0 Yes No Have you included copies of your safety policy, Drug and Alcohol testing policy, 0 a ident reporting forms, management reports and all other relevant documents? Yes o ccl westcl ester Vire insurance Company 0 2'15-640-4198 436 walnut street F 216_640-113 Philadelphia, PA t itr USA og December 2021 Re: Southland Transit / Prequalification Letter Td Whom It May Concern. Southland Transit has been prequalified by Westchester Fire Insurance Company who will provide consideration for the City of El Monte Transit / Dial - Ride Operations project up to $15o,000. Consideration for higher limits will be underwritten on a case by case basis. Westchester Fire Insurance Company is an ++ rated surety through AM Best and is listed in the Federal register. As you are well aware, formal approval of any and all bonds would also be conditioned upon applicable underwriting considerations such as acceptable contract terms, review of brand forms and a favorable review and, compliance with current underwriting information and requirements at the time of the requests for bonds. This letter of recommendation is not a bid or performance bond nor assumption of liability. Future bonds will be considered subject to favorable underwriting; conditions including mutually acceptable contract terms. Should further information be needed, please feel free to contact me Yours very truly, TCHESTER FIRE INSURANCE COMPANY I.. r , McMahon, lah€�n, Attorney -In- Fact htt . _e17red' PRIVACY NOTICE This message is intended ottly for the use of the individual or entity to which this is addressed and may contain information that is privileged, confidential, or exempt from disclosure tinder applicable Federal or state tads+. If the render of this message is notthe intended recipient or the employee or agent responsible for delivering he message to the intended recipient, ),on are hereby notified that any d ssemitration„ distribution, or reproduction of this communication is prohibited. ACKNOWLEDGMENT notary public or other officer completing thl certificate verifies only the identity of the individual who signed the document to which this certificate i attached, and not the truthfulness, accuracy, or audit of that document. State of California County of p Diego n December , 2021 before me Minna Huovila, Notary Public (insert marine and title of the officer) personally appeared Lawrence F. McMahon who proved to Erie on the basis of satisfactory evidence to be the person(s) whose name( is/are subscribed to the within instrument and acknowledged o me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURE' under the laws of the Mate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, � INN uovI RY rOMM, 231 MOC ," y co m� ssI an E-Or l.cR Signature +jai Power of Attomey Federal Insurance Company � Vigilant Insurance Company I Pacific Indemnity nit ompany Westchester Fire Insurance Company I ACE American insurance m any Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New 'York corporation, PACIFIC INDEMNFIY COMPANY,aWisconsin corporation, WE T HE TERFIRE INSURANCEClIA9PA YandACEAMERICAN ISU NCE COMPANY corpora&iuta�oftheCommranwealrhofflennhylvatiia; do each hereby Constitute andappoint Teresa Scholle of Sacraments, California; Tara Bacon, pale Narshaw, Minna Herovila„Lawrence F, McMahon, John R. Qualin and Geoffrey Shelton of San Diego, California----N--R_..m-— m__�.. _u® _ri„a____ _____ _ _____ �___�_ ___�____;®____ _ �_._____ --------- each -,as'their trace and lawful Attorney -in -Panto execute undersuch des( (radon in Choir tomes and toaffix x their corporate seals to and deliver for and art their beh lfAasurrtyrthereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (rather than ball bonds,) given or executed In the course of tipsiness, and Any instruments- amending err altering the Barrie, ;and consents to the nuaditii at on or alteration of a ny instrument referred to ins rid bonds orobligations, In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCiI COMPANY and ACE AMERICAN INSURANCE COMIPANYIaave each executed and attested these presents and affixed their corporate seals ran this 9m day of NaY+e ber 2020. tv [l2tv.4t t3.Y.h(tar�_.t��i�.tartat!�.tr�rary ;�tt_arhr:rt �1.9hrttr�rllt+.°I'iaaitics"la _ a '6r " aka _ naP �� STATE OF NEW JERSEY County of hunterdon sS. Oft this Out day Of November, 2020 before me, a Notary Public of Now Jersey; ;personally Name Dawn M. ChJurcas and Stephen M, Raney, to file known to be Assistant Secretary and Vice 4ao^'isident, respectively, ofFEDERAL, INSURANCE COMPANY, VIGU,ANT INECRANCECOMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACV AMERICAN INSURANCE COMPANY, the companies which executed the Foregoing PowerartAttorney„randth€saidDawnM.ChlsrosandSttpheriM.Haney,beingbyrimedulysworn severally and each for herself and himself did depose acid say that they are Assistant Secretary and Vice President respectively„ of FEDERAL INSURANCE COMPANY, VICII,ANT INSURANCE COMPANY, ,PACIFIC INDEMNITY COMPANY, WES'TCHE TER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seeds affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like Authority. Notarial seal (PE),oz NCITARY :. 2316r6t15. hil is Ex efts July 16, 2024ivtnnry't nhllr CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 20I6 FSTC>NESTER FIRE INSURANCY COMPANY an December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, `z'0ft "frh'SOLV ri), that me fiAlowing Cauthorisations relate toditexecution,forandon behalrof the Company, of needs, atnel nrlaknigs, recophaiatcou, contracts ;and otho written taanatnitnrents n1 rile Company. erriered into in the nrddnary cesnrse aPbusdncss faders a ""vvrtnen C;rarramlrrr cot"'}. (1) C,ach or the Chairman, the President and the Vice Presidents of the CompanyFsherelry crith"Ozed to execute- any Written, Commitment for and on4chdiFuYthe Couip,rrty,under the seal a f the Company or otherwise. IZi: Earn duly appointeda#tarneybi-f.ictOfthecompanyisherebyauth.onzedtoexncumanyWrittenCartnmitmentfarandanbehalfol"theCornponyl Orator fro, seal ottheCompany orothorwise 10 the eVerit Chat. snr:h action as authorized by the grant uffhowers provided far In such person'.s written appointment as such attorney-in-P1mt; (i)l Each of the ch.alrntary the President and the Vice Presidents of the fnrnpwnywhereby amtharnast,for ondon behalf ofthe Company, toappoint In writing any person the attest^nay_ftr- fact of Cirri Company with trill power and authority to execute, for and on behalf ofthe Company,, under tile seal oftile Companyorother4"Zile, such W1ituallC7tnttlitmenLsofthe Company as may he-sperilted in such written appoialun ut, which raperdticahoti may be by, general ono, or class of Written oomminnents or by spech3caann of one or more Particular Written combilttt enss. (4)' fiach of the Chairman, the President and the Vice Pr'asldents of the Company is hereby anaharb ul, for anti on behalf of the Company, to delegate in wVr fiat; to any othtar officer of fire Company the aumornytooxettue for and onbehalf of the Company, under the ;CompanySSeal Or osherwise, Soon Written ConrmitmonLiufthec(deyanyayare spacilded In ai hwritten delegation, which specification may be by general byte or class of bitten Ctah"inrionta s, or by specification of one or more particular Written Commitments, (3); 'the signature of any officer or outer person exechtdlep ally Written commitment or appointment or deleisizu)h pursuant to this Resolution. and the seal of the Company, may be affixed by faaSbulm an soon Written C o ntvitknest or written i ppointmem or delegation., VURTHERftP'`OLVER that the, faregong Resolution Shall not he deemed to be anexclusrweStatement ofthe Powers anadauthorit'yofo'dficors':'employeesandiblun,IsarsonstoactforandcmbchWfofthe Ceamany, anal sarrh IntSeaiUMbn Shall not hoot ar ut.herMASe at9 .et the exer t se of any Suitt Power Or authority otherwise, validly scooted or vested:." t, Dawn M. Chloros, Assistant secretary or PEtil°'RAL INSURANCE COMPANY, VIGILANT COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the'Companies") do hereby certify that (I) the, foregoing Resolutionsadopted by the Board of Directors of the Companies are true, correcta rid in hill force and effect, Qlll the foregoing Power of Attorney is (rile, correct and fit full rotor and effect: Given Under nay hand and istads utsaid Companies; tatWIntrimuse station. NJ,this December t2021. *cop it [then NJ Clihm N, Aroonalo �'cvreial sr Its THE EVENT Y011Wish TO VERITY T141i AUT11104TH'11Y Dr 1`1419nnND can N(YoFY US OF ANY OTHER MA'ti'lin, P BASF C ONTAG1 nS Ayb Tele (t ne 900 9Cls- 34Ha pax HOPS Sit • 165C e r s 1: sore Cpehubb.eo Combined: FED-VIG-PI-VM -AAIC (rev, 11 19) SURETY BOND DIGITAL SIGNATURE AND CORPORATE SEAL NOTICE AND ADDENDUM WESTCHESTER FIRE INSURANCE COMPANY " EST ESE FIRE") has authorized its respective Attorneys -in -Fact to affix 'T FIRE'S +f at ao and surety band executed pan behalf or WESTCHESTER FIRE by any such Attorney -in -Fact by attaching this Notice and Addendum to said bond. To the extent this Notice and Addendum is attached to a surety bond that is executed on behalf of WESTCHESTER FIRE by its Attorney -in -Fact, WESTCHESTER FIRE hereby agrees that the corporate seal below forWESTCHESTER FIRE shall be deemed affixed to said bond to the sage extent as if its raised corporate seal was physically affixed to the face of the bond. WESTCHESTER FIRE hereby further agrees that the execution of said bond on behalf of WESTCHESTERFIRE by its Attorney-irt+ act with said Attorney=in-Fact*s digital signature shall be considered acceptable to the same extent as if the Attorney -ire -Fact executed the bond with their original, wet ink signature. Dated this 25th day of August, 2020. WEST ESTER. TIRE INSURANCE COMPANY y® Stephen M. Haney, Vice President NXIUM CITT OF EL ITIORTE-- 1WW*a �Ty -L�- mzz�� The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification o any Federal contract, grant, loan, or cooperative agreement. I (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying, in 2ccordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 91/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] "werILS I*r dl[N#�- - t d1i Lle'1`5 jinciulting-N.7.1 grants, loans, and •M agreements) and that all subrecipients shall certify and disclose accordingly. This is certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the I Alen Wj`*1 11*1 IF or failure.] am Southland Transit, Inc. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U,&C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Timmy Mardirossian -----Name--aT)d Title of Contractor's Authorized Official 12/10/21 Date MM FALSE CLAIMS/ FALSE CLAIMS ACT CERTIFICATION (TRANSIT & PARATRANSIT OPERATIONS RFP) fet UM %Cl T I iff T I FeLTC the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non -responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both the Federal False Claims A , c r c-,+* • False Claims Act. Government Code Sections 12650 et seq. 1, Timmy Mardirossian ' am the President (Print name of person responsible for submitting proposal) (Title with proposing entity) of, Southland Transit, Inc. (hereinafter, "Proposer"). (Print name of Proposing Entity) person who is an officer of, in a managing position with, or has an ownership interest in the False Claims Act as defined above. Executed this loth day of Dec, 2021 at El Monte, CA (month and year) (city and state) 10211#1*���l City of El Monte False Claims/False Claims Act Certification Page 1 of 2 (2) identity of tribunal or court and case name or number, if any: (4) Government agency involved: (5) Amount of fine imposed: I N U Wil --tan if• I, , the (Print name of person responsible for submitting proposal) (Title with proposing entity) of, (hereinafter, "Proposer") (Print name of Proposing Entity) mz�� I I I I I I I ii I ii I I I I I I I I I I 1 11 111111 ill I i Iff I i Ili I I F I! I I I I I Ill Ill Executed this day of at - (month and year) (city and state) CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONT CA IFORNIA 91731 CIVIL LITIGATION HISTORY/ CIVIL LITIGATION CERTIFICATION (TRANSIT and PARATRANSIT OPERATIONS SERVICES RFP) next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of 1144#win-g wa"-i-ian-reV in a Ye&r.-t;k by or against the entity soliciting Proposals- the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (Ili) the outcome of the litigation, e.g., whether the 1. . I'll it Ii• p.4.?-Pttl If the Proposer has no civil litigation history to report as described above, complete the following: , the (Print name of person responsible for submitting proposal) (Title with proposing entity) M, (Print name of Proposing Entity) mmzzammsz� In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, 1, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above. Executed this day of at (month and year) (city and state) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) Proposer is uncertain of what is meant to be included in "civil litigation arising out of the performance of 2 procurement contract" and interprets this as asking if the Proposer has ever been involved in a civil U IF-PUTTI. .1, -7 injury cases over the last five years arising from motorvehicle accidents which have been handled by Proposer's insurance carriers. Proposer assumes these type civil litigation cases are not what is being inquired about and need not be listed in this civil litigation history as they would be voluminous. If the City of El Monte wishes an itemization of these cases please advise and it will be provided. 1, Timmy Mardirossian ' the President (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of, Southland Transit, Inc. (hereinafter, "Proposer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this 10th day of Dec , 2021 at (month and year) (city and state) (Signature of Person Responsible for�ubmitting Proposal on behalf of Proposer) END OF DOCUMENT City of El Monte Transit and Paratransit Operations RFP Company/Organization Name: Southland Transit, Inc. ("Proposer") wit W# P. above named Proposer or grant recipient will: possession, or use of a controlled substance is prohibited and specifying actions to be Itake against employees r violations of the prohibition, 2. Establish an on -going Drug -Free Awareness Program as required to inform employees about all the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug -free workplace, (c) Any available drug counseling, rehabilitation, and employee assistance Programs, (d) Penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, 3. Every employee who works on the proposed contract or grant will receive a copy of the company's drug -free policy statement. 4. 40totify each employee that as a condition of employment financed with Federal assistance provided in the proposed contract, the employee will be required to: (a) Abide by the terms of the company's policy statement, and (b) Notify the employer (Proposer) in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction. 5. Notify FTA in writing, within in ten (10) calendar days after receiving notice required by paragraph 4 (b) from an employee or otherwise receiving actual notice of that conviction. The Proposer, as employer of any convicted employee, must provide notice, including position title, every project officer or other designee on Whose project activity the convicted employee was working. Notice shall include the identification number(s) of each affected vehicle and related equipment and accessories, I & Taking one of the following actions within thirty (30) calendar days of receiving notice under paragraph 4 (b) with respect to any employee who is convicted: RM (b) Requiring the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (c) Making a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraph 1,2,3,4,5, and 6 of this certification. The Proposer agrees to maintain a list identifying its headquarters location and each workplace it maintains in which activities provided by this contract are conducted and make that list readily accessible to the State Department of Transportation. 1, the official named below, hereby swear that I am duly authorized legally to bind the Proposer or grant recipient to the above -described certification. I am fully aware that this certification executed on the date and in the city below, is made under penalty of perjury under the laws of the State of California. Executed on 12/10/21 at El Monte California Date City Print Name: Timmy Mardirossian 11111'ad U IUDHAV401101 I NCIM W D1090 ItIffaig maly's I OUR N W ;L1,1010 11,31 a V WOO Kv 0 I'll The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential contractor for a third party contract), Southland Transit, Inc. certifies to the best of its knowledge and belief that it and its principles: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by an Federal debarment or agency. 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obUmmgawempstm jQV or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicated for or otherwise criminally or civilly charged by a governmental (2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for default. (If the primary participant (applicant for and FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT) Southland Transit, Inc. CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OR THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO. I 8110111VERM9 We i i I I 1111i�tq�iii�� M., CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 COMMUNICATIONS WITH CITY COUNCIL, ADVISORY COMMITTEE AND CITY STAFF DISCLOSURE OF CONTACTS WITH COUNCILMEMBERS (TRANSIT AND PARATRANIT OPERATIONS RFP) Following the deadline for submission ofproposals and continuing until the City Council awards the last contract, if any: (i) El Monte City Council members, members of the City's executive management team and staff members will not hold any discussions or any meetings, conferences or other like gatherings with any Proposer, except as this RFP allows or otherwise contemplates; and (ii) a Proposer must not communicate, in any manner, with the individuals identified in romanette, above, except as contemplated under the terms of the P. Proposers may write to the City Council as a whole after staff recommendations are made public by staff in anticipation of public meeting. 2. From the date the RFP is issued to the date on which the City awards the last contract, if any, a Proposer must not directly or indirectly give, furnish, donate, or promise any money, compensation, gifi, gratuity, or anything of value to the individuals listed under romanette (i) ofparagraph 1, above, for the purpose of or which has the effect of: • Securing or establishing an advantage over other Proposers; • Securing or recommending the selection of the Proposer's Proposal; or ® Securing or recommending the Contract's award to the Proposer. • Violations ofParagraphs I or Paragraph 2 or both, will constitute grounds for rejection. IM, IMM1111111116ilW1111116 A"11411111111 the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. During the one-year period immediately preceding the date of the deadline for submitting proposals, list the date of all meetings or other communications the following persons have had with any one or more members of the El Monte City Council or any City employee regarding the provision of transit and paratransit operations the City of El Monte: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Please also identify the name(s) of the City Council members or City employees with whom such persons have met with or communicated with regarding the provision of transit and paratransit operations services to the City of El Monte. City q/'ElMonte "Transit and Paratransit Operations RFP Page 1 of 3 List the date of all such meetings or communications, the City Council member or City employee with whom you met with (attach extra pages if necessary) 191MGMAWIVIMITU 0- (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, "Proposer") (Print Name of Proposing Entity) Executed this — day of M (month and year) (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) IMMIX012 City QfEI Monte Transit and Paratransit Operations RFP Page 3 of 3 1, Timmy Mardirossian , am the President (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) L,f Southland Transit, Inc. (Print Name of Proposing Entity) In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has met with or communicated with any member of the El Monte City A ot El Monte during the one-year periol immediately preceding the submission ot this Proposal to the City of El Monte. I declare under penalty of perjury that the foregoing is true and correct. Executed this 10th day of December 202 lat El Monte, CA (month and year) (city and state) of Person Responsible for SubmittinMoposal on behalf of Proposer) City of E/ Monte 7ransit and Paratransit Operations RFP Page 2 of 3 LocalAgency Ci!y of El Monte Location El Monte Project Description Fixed Route and Paratransit Services Contract - 2022 Proposal Date December 14,2021 Proposer's Name Southland Transit, Inc. Contract RC -DBE Goal (%) 9 2.0% FOR AGENCY TO COMPLETE Agency Proposal Number Federal -Aid Project Number Federal Share Proposal Date information is complete and accurate/unless noted otherwise, Signature of Agency Representative Agency Representative (please print or type) Phone Number M Signature of Proposer 12/14/21 (626 I2 -1�31O Date Phone Number Jason Snow, VP/COO Person to Contact (please print or type) Distribution: (1) Original - Agency files Local Agency Proposer RC -DBE Commitment (Consultant Contracts) - Rev 062113 Im Frime ano suDcontra o at any IN MOM I V 11siriess are ieAllre* o col,747 1 1 1 that it will utilize the DBE businesses listed on Form I or Form 4. This form must be signed by the DBE business acknowledging that it has submitted a written quote to the respective Prime or Subcontractor, and has been listed to perform work on this contract. 1 . IFBIRFP/RFIQ Number: City of El Monte 2. Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 3. Prime Name: Southland Transit, Inc. 4. Prime Business Address: 3650 Rockwell Ave El Monte CA 91731 (Street ) (City) (State) (zip) 5. Name of Proposed DBE Business: Trans -Global Services, Inc. V,. DBE Business Address- 709 N. Hidalgo Avenue Alhambra CA 91801 (Street ) (City (State) (zip) T Financial Description - Total $ Amount listed for this DBE business is: $ 389,768.24�base) + $263,059.32(oetions) (Amount should match $ Amount listed for this business on Form 1 or Form 4) Description of Work, Service, or Material Supplied DBE NAILS (6 digits) Clean, Disinfect, Furni ate, Detail and Wax 561720,561740,562998,811192 WIA parties to enter into a formal subcontract agreement for the work and any terms or conditions described above and in the accompanying attachments, conditioned on the Bidder/Proposer being awarded this Contract. R* MW I F•I ,W1UI1 (AutWrized Signature of Business)' (Date) Jason Snow (Typed or Printed Name of Signee) W1910TITOW EMMM jason@southiandtransit.com (Email) (626) 258-1310 (Telephone) —(Authorized Si nat of Business) � , VZ / 370� 0 cz (Date) ' Luisa J Sun President (626) 423-4871 (Telephone) Ceriified Directory California Unified Certification Program Certified Directory TRANS -GLOBAL SERVICES, INC. LUISA SUN trans q1oba1usa@aoLcoq'n 626-423-4871 626-427-1348 www.trans-globalservices.com 709 N. HILDALGO AVENUE 709 N, HILDALGO AVENUE Asian -Pacific American Female Caltrans DBE ALHAMBRA, CA 91801 ALeiRA, CA 91801 561720 - Venetian blind cleaning services, 561740 - Carpet and Upholstery Cleaning Services; 562998 - All Other Miscellaneous Waste Management Services; 811192 - Car washes; C9999 - BROKER (FOR FEE ONLY); 17341 - JANITORIAL SERVICES; 17380 - MISC BUSINESS SERVICES I= TRANS -GLOBAL SERVICES, INC. LUMA SUN transgiobalusa@aol.com 626-423-4871 626-427-1348 wwwArans-glob alservices,com 709 N, HID ALGO AVENUE 709 N, HIGO AVENUE Asian -Pacific American Female Caltrans DBE ALHAMBRA, CA 91801 ALHAMBRA, CA 91801 Maintenance and Upholstery 561720 - Janitorial services; 561720 - Venetian bfind cleaning services; 561740 - Carpet and Upholstery Cleaning Services; 662998 - Ali Other MoscOlaneous Waste Management Services; 811192 - Car washes; C9999 - BROKER (FOR FEE ONLY); 17341 - JANITORIAL SERVICES17380 - MISC BUSiNESS SERWCES Los Angeles 39250 Page .3 of 3 --- Genera�ed 12�qj'2021 Prime and subcontractor(s) at any tier level that will subcontract work to a DBE business are required to complete this form to affirm that it will utilize the DBE businesses listed on Form 1 or Form 4. This form must be signed by the DBE business acknowledging that it has submitted a written quote to the respective Prime or Subcontractor, and has been listed to perform work on this contract. 1. IFB/RFP/RFIQ Number: City of M nt 2. Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 3. Prime Name: Southland Transit, Inc. 4, Prime Business Address: 3650 Rockwell Ave El Monte CA 91731 (Street) (City) (State) (zip) 5. Name of Proposed DBE Business: JCM & Associates, Inc. 6DBE Business Address: 5443 E. Washington Blvd. Commerce CA 90040 (Street ) (City (State) (zip) 7. Financial Description - Total $ Amount listed for this DBE business is- 12,751.40 (base) + $8,557.72 (options) (Amount should match S Amount listed for this business on Form I or Form 4) 8. Technical Description - Identify the scope of work that will be performed by this DBE business, Please provide applicable Northern America Industry Classification System (NAICS) code(s) only. Description of Work, Service, or Material Supplied DBE NAILS (6 digits) Supply uniforms 1448190 and 315990 parties to enter into a formal subcontract agreement for the work and a ny terms or conditions des'cribed above and in the accompanying attachments, conditioned on the BidderiProposer being awarded this Contract. (Prime Name) (Au orized Signature of Business)' o-/.I I (Date) I I Jason Snow jason@southiandtransit.com (Email) (Telephone) JCM & Associates, Inc. BE I usisA€N7ame) (Authorized Signature of btu" lss) (Date) Richard Grady (Typed or Printed Name of Signee) VP (Title of Signee) richardablueaooseuniforms.com UM 800-543-3732 (Telephone) Los Angeles County One c2teway plaza z22z1000Tri Metropolitan TramspcntadooAuthority Los Angeles, [A9nn,x'zg52 mc^o.nct M etr0- CALIFORNIA UNIFIED CERTIFICATION PROGRAM March 25.2O1SREISSUED an12V2nNA/CoADDED: o15oanm4IC3REMOVED: Vy23oY CUCP#32ff@ Metro File #70 Jose Cornejo JCN& Associates, Inc. dba Blue Goose Uniforms 5443E.Washington Blvd. Commerce, CASO04O-2iO5 RE: Disadvantaged Business Enterprise Certification Dear Mr. Connejo: We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Part 26, as amended. This certification will be recognized by all of the U.S. DOT recipients in California. Your firm will be listed in the California Unified Certification Program (CUCP) database of certified DBEs under the following specific areas of expertise that you have identified on the NAICS codes form of the application package: NAICS Description 448190 Other Clothing Stores 315990 Apparel Accessories and Ot6er Apparel Manufacturing Your DBE certification applies only for the above codes. You may review your firm'sinformation hnthe CUCPDBE database which can be oocoxmed at the CUCP'svvebsite at Any additions and revisions must besubmitted toMetro for review and approval. In order to ensure your continued DBE status, you are required to submit an annual No Change Declaration Form (which will busent toyou) along with supporting documentation. /fnochanges are noted, then your DBE status remains current. If there are changes, Metro will review to determine continued DBE eligibility. Please note, your OBE status remains in effect unless K8ed,n notifies you otherwise. Should any changes occur that could affect your certification status prior ti nfthe NoChange Declaration Fnnn, such as changes in yuur8nn'm name, business/mailing oddnano, ownenship, management orcontrol, or failure to meet the applicable business size standards or personal net worth utandand, please notify k4etnu immediately. Failure to submit forms and/or change of information will be deemed afailune to cooperate under Section 2G.1O8ofthe Regulations. K4oboreaon/es the right towithdraw this certification Jotany time it imdetermined that itwas knowingly obtained by false, misleading, or /noonno( information. Your DBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records and documents by Metro. Congratu|uUons, and thank you for your interest /n the DBE pnp9nem. Should you have any questions, please contact uaat . For information omMetro contracting opportunities, please visit our vvabedo at www.metro.net. Sincerely Shirley Wong Principal Certification Officer Diversity & Economic Opportunity Department Small Business Certification Unit From: Hinojosa, Megan <Hij K4@naetnznet> Sent: Tuesday, January 5i2O21 10:03AK4 To: richard@b|uegooseunifornszom Subject: Annual NnChange Declaration #7O We have received your Annual No Change Declaration. Your DBE and/or SBE file has been updated a remains active. You will not receive any new certification letters. We will do this again next y, Megan Hinojosa LA Metro Certification Officer Diversity & Economic Opportunity Cepartment 21I923.2209 rne{rn.ne1 | facebuok.con«/osange|esrnetnJ / @nnetro|usange|es PROPOSAL FOR THE CITY OF EL MONTE FIXED ROUTF TRANSIT AND PARATRANSIT OPERATIONS - 2022 'Exhibit 1 — STI Employee Handbook Exhibit 2 — STI Drug and Alcohol Policy E-xhibit 3 — STI Safety & Training Manual _Fxhibit 4 — STI Custorter Service Manual Exhibit 5 — STI Accident/incident Investigation Procedure Exhibit 6 — STI Safety, Security and Emergency Preparedness Plan (SSEPP) Exhibit 7 — STI Injury, Illness and Preparedness Plan (IIPP) Exhibit 8 — Financial Statement SOUTHLAND TRANSIT, INC. Southland Transit, Inc. Employee Handbook — Rev. May 1, 2015 Table of Contents Section 1 Introductory Policies Page 2 Section 11 Starting the Employment Relationship Page 4 Section III Discrimination and Harassment Page 6 Section IV Reasonable Accommodation Page 10 Section V Communication & Problem Solving Page 11 Section VI Confidentiality & Conflict of Interest Page 13 Section VII Payroll Practices Page 15 Section VIII Hours of Operation & Work Schedules Page 19 Section IX Personnel Records Page 22 Section X Job Duties and Performance Page 24 Section XI Employee Conduct & Work Rules Page 25 Section XII Safety & Security Page 33 Section XIII Benefits Page 38 Section XIV Leaves of Absence Page 45 Section XV Separation From Employment Page 55 Receipt and Acknowledgement Page 57 - I - Employee Handbook — Rev. May 1, 2015 Section 1 A. Welcome Statement Introductory Policies WELCOME! It is our pleasure to welcome you to Southland Transit, Inc. ("STI" or the "Company"). STI is not just a company; it is a team of dedicated individuals all focused on providing the best community transit services. Many different skills and disciplines are required to achieve success, and the Company is committed to providing a safe and enjoyable working environment for its employees. People working together must have common goals and a spirit of cooperation. Our principal goal is to be the best at what we do. We want to help make your employment with the Company as enjoyable and rewarding as possible. In any organization, it is necessary to know what the Company does for you. You will find that this Employee Handbook explains what you may expect from the Company, as well as what will be expected from you. Therefore, it is important that you become familiar with the contents of the Employee Handbook. With that said, again, welcome to the Company! B. Introduction This Employee Handbook contains information about STI's employment policies and practices. We expect each employee to read this Employee Handbook carefully as it is a valuable reference for understanding your job and the Company. During your initial orientation, you will be given an opportunity to sit down and carefully review the Employee Handbook. This Employee Handbook supersedes all previously issued Employee Handbooks and inconsistent verbal or written policy statements. Except for the policy of at -will employment, which can only be changed by the President in writing, and such other policies as may be required by law, the Company reserves the right to revise, delete, and add to the provisions or policies described in this Employee Handbook at any time, as it deems necessary or appropriate in its discretion. All such revisions, deletions, or additions must be in writing and signed by the President. No oral statements or representations can change the provisions of this Employee Handbook. The benefits described herein are provided at the sole discretion of the Company and this Employee Handbook is not and should not be interpreted to be an assurance, promise or guarantee of an obligation to continue to provide such benefits. Furthermore, this Employee Handbook is not a substitute for the terms of any benefit plan. If there is at any time a conflict between this Handbook and the terms of such a benefit plan (which you are expected to read carefully), the terms of the benefit plan and not this Handbook will control. None of the Company's personnel documents or benefit plans constitute, or are intended to constitute, an express or implied contract guaranteeing employment or continued employment for any employee. IN ADDITION, THIS HANDBOOK IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN EMPLOYMENT CONTRACT FOR A SPECIFIED PERIOD OF TIME OR FOR TERMINATION ONLY FOR CAUSE. - 2 - Employee Handbook — Rev. May 1, 2015 No supervisor has any authority to enter into a contract of employment --express or implied --that changes or alters the at -will employment relationship. No part of this Employee Handbook may be reproduced in any form or by any electronic or mechanical means without written permission. Not all of the Company's policies and procedures are set forth in this Employee Handbook. We have summarized only some of them. If you have any questions or concerns about this Employee Handbook or any other policy or procedure, please ask your manager. If you lose your handbook or if it becomes damaged in any way, please notify Human Resources as soon as possible to obtain a replacement copy. C. At -Will Employment Employment at the Company may be terminated for any reason or no reason, with or without cause or notice, at any time by the employee or the Company. Nothing in this Employee Handbook or in any oral or written statement shall limit the right to terminate employment at will. No supervisor or employee of the Company shall have any authority to enter into an employment agreement --express or implied --with any employee providing for employment other than at -will. This policy of at -will employment is the sole and entire agreement between you and the Company as to the duration of employment and the circumstances under which employment may be terminated. With the exception of employment at will, all other terms and conditions of employment with the Company may be modified at the sole discretion of the Company with or without cause or notice at any time. No implied contract concerning any employment -related decision or term or condition of employment can be established by any other statement, conduct, policy, or practice. Examples of the types of terms and conditions of employment that are within the sole discretion of the Company include, but are not limited to, the following: promotion; demotion; transfers; hiring decisions; compensation; benefits; qualifications; discipline; layoff or recall; termination; rules; hours and schedules; work assignments; job duties and responsibilities; production standards; subcontracting; reduction, cessation, or expansion of operations; sale, relocation, merger, or consolidation of operations; determinations concerning the use of equipment, methods, or facilities; or any other terms and conditions that the Company may determine to be necessary for the safe, efficient, and economic operation of its business. These provisions supersede all existing policies and practices and may not be amended or added to without the express written approval of the President. - 3 - Employee Handbook — Rev. May 1, 2015 Section 11 A. Employment Applications Starting the Employment Relationship The Company relies on the accuracy of information contained in the employment application, which must be completed by all prospective employees, as well as the accuracy of other data and information presented and gathered during the employment process. Any misrepresentation, falsification or material omission may result in the Company's exclusion of the applicant from further consideration for employment, or, if the person has been hired, termination of employment. B. Background Checks The Company recognizes the importance of maintaining a safe workplace with employees who are honest, trustworthy, qualified, reliable, and nonviolent, and do not present a risk of serious harm to their coworkers or others. Therefore, the Company reserves the right to investigate an individual's prior employment history, personal references, and educational background, as well as other relevant information that is reasonably available to the Company. C. Immigration Law Compliance The Company is committed to full compliance with federal immigration laws. Therefore, as a condition of employment, the Company is required to verify the identity and legal authority to work of all persons working for the Company. Each new employee must complete the Employment Eligibility Verification Form 1-9 and present documentation establishing identity and employment eligibility. Support documentation submitted as proof of eligibility of employment in the United States must be presented within the first three (3) days of employment. We are an E-Verify employer and follow all the rules and guidelines established by the Department of Homeland Security when verifying eligibility for employment. If an employee has provided right to work documentation that has an expiration date, updated documentation must be given to the Company before this expiration date. Per E-Verify guidelines, the company does not accept expired documentation at time of hire. All offers of hire and continued employment are conditioned on furnishing satisfactory evidence of identity and legal authority to work in the United States. D. Physical Examinations An applicant for employment may be required to take a job -related, pre -employment physical examination after receiving an offer of employment and before beginning his or her first day of work. The pre -employment physical examination includes a drug and alcohol screening. Every offer of employment is contingent on the applicant's successful completion of the physical examination. The pre -employment physical is provided by the Company at no cost to the applicant. - 4 - Employee Handbook — Rev. May 1, 2015 E. Reference Checks To ensure that individuals joining the Company are well qualified and have the potential to be productive and successful, the Company reserves the right to check the employment references of applicants. Offers of employment are contingent on the appropriate completion of a reference check. No references will be given concerning any present or past employee of the Company unless the Company has received a written request and a written release for such a reference. Only Human Resources may respond to a request for a reference. Generally, such response will only confirm the dates of employment and position held. All calls regarding current or former employees must be forwarded to Human Resources. No one other than Human Resources is authorized to disclose any information about current or former employees, including but not limited to compensation rate and other aspects of employment. - 5 - Employee Handbook — Rev. May 1, 2015 Section 111 A. Equal Employment Opportunity Discrimination And Harassment The Company is an equal employment opportunity employer and strives to comply with all applicable laws prohibiting discrimination based on race, color, religion, sex, age, national origin, ancestry, citizenship status, physical or mental disability, veteran or military status, marital status, medical condition, pregnancy, gender (including gender identity and gender expression), sexual orientation, genetic characteristics or genetic information, as well as any other category protected by federal, state, or local laws. All such discrimination is unlawful and all persons involved in the operations of the Company are prohibited from engaging in this type of conduct. Equal employment opportunity will be extended to all persons in all aspects of the employer -employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, compensation, benefits, leaves of absence, discipline, layoff, recall, termination and other terms and conditions of employment. In accordance with applicable federal and state law protecting qualified individuals with known disabilities, the Company will attempt to reasonably accommodate those individuals unless doing so would create an undue hardship on the Company. Any qualified applicant or employee with a disability who requires an accommodation in order to apply for a job at the Company or perform the essential functions of the job should contact Human Resources and request an accommodation. The Company will engage in an interactive dialogue with the employee in an effort to determine whether reasonable accommodations can be made that will not result in undue hardship to the Company. You should report every instance of unlawful discrimination or harassment to your supervisor and/or Human Resources, regardless of whether you or someone else is the subject of the discrimination. Detailed reports --including names, descriptions, and actual events or statements made --will greatly enhance the Company's ability to investigate. Any documents supporting the allegations should also be submitted. Based on your report, the Company will conduct an investigation. Employees can raise concerns and make reports without fear of reprisal. The Company prohibits any and all retaliation for submitting a report of unlawful discrimination and for cooperating in any investigation. Any supervisor or employee who retaliates against the accuser or those involved in the investigation will be disciplined, up to and including discharge from employment. If the investigation determines that prohibited discrimination or other conduct violative of Company policy has occurred, the Company will take disciplinary action, up to and including termination of employment, against those who engaged in the misconduct. The Company will also evaluate whether other employment practices should be added or modified in order to deter and prevent that conduct in the future. The involved parties will be informed of the action(s) the Company takes to resolve and remedy the situation. B. Non -Harassment Policy The Company has a zero tolerance harassment policy and is committed to providing a work environment free from unlawful harassment. In accordance with applicable law, the Company prohibits unlawful harassment of any kind, whether verbal, physical or - 6 - Employee Handbook — Rev. May 1, 2015 visual, that is based on race, color, religion, sex, age, national origin, ancestry, citizenship status, physical or mental disability, veteran or military status, marital status, medical condition, pregnancy, gender identity or expression, sexual orientation, genetic characteristics or genetic information, as well as any other category protected by federal, state, or local laws. All such harassment is unlawful and will not be tolerated. The Company's policy against harassment applies to all employees and independent contractors of the Company, including supervisors and managers. The Company will not tolerate harassment of employees or independent contractors by managers, supervisors, co-workers, clients, vendors, suppliers, independent contractors and others doing business with the Company. Violation of this policy will subject an employee to disciplinary action, up to and including termination. Additionally, under California law, employees may be held personally liable for harassing conduct that violates the California Fair Employment and Housing Act. 1. Sexual Harassment Defined Applicable state and federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to the conduct is made a term or condition of employment; or (2) submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or (3) the conduct has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating, hostile, or offensive working environment. This definition includes many forms of offensive behavior. The following is a partial list: a. Unwanted sexual advances; b. Offering employment benefits in exchange for sexual favors or threatening an employment detriment for an employee's failure to engage in sexual activity; c. Making or threatening reprisals after a negative response to sexual advances; d. Visual conduct such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters; e. Verbal conduct such as making or using derogatory comments, epithets, slurs, sexually explicit jokes, or comments about any employee's body or dress; f. Verbal sexual advances, propositions, requests or comments; g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, or suggestive or obscene letters, notes, or invitations; h. Physical conduct such as touching, assault, or impeding or blocking movements; i. Retaliation for reporting harassment or threatening to report harassment; and % - Employee Handbook — Rev. May 1, 2015 Widespread sexual favoritism It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves coworker harassment, harassment by a supervisor, or harassment by persons doing business with or for the Company. 2. Other Types Of Harassment Prohibited harassment on the basis of race, color, religion, age, national origin, ancestry, citizenship status, physical or mental disability, veteran or military status, marital status, medical condition, pregnancy, gender identity or expression, sexual orientation, genetic characteristics or genetic information, or any other protected basis, includes behavior similar to sexual harassment, such as: a. Verbal conduct such as threats, epithets, derogatory comments, offensive remarks, or slurs; b. Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures; c. Physical conduct such as assault, unwanted touching, blocking normal movement, threats, intimidation or other menacing behavior; and d. Retaliation for reporting harassment or threatening to report harassment. I Company's Complaint Procedure The Company's complaint procedure provides for an immediate, thorough, and objective investigation of any claim of unlawful or prohibited harassment, appropriate disciplinary action against one found to have engaged in prohibited harassment, and appropriate remedies for any victim of harassment. A claim of harassment may exist even if the employee has not lost a job or some economic benefit. All employees are responsible for helping to assure a workplace free from prohibited discrimination or harassment. If an employee or independent contractor feels he/she has been subjected to any form of harassment or discrimination, the employee should firmly and clearly tell the person engaging in the harassing and/or discriminating conduct that it is unwelcome, offensive, and should stop at once. The employee should also provide a written or verbal complaint to his/her supervisor and/or Human Resources, or any member of senior management, including the President of the Company, as soon as possible. These are the individuals who are authorized by this policy to receive and act upon reports or complaints of harassment or discrimination on behalf of the Company. This policy does not require reporting harassment to any supervisor or manager who may be creating the harassment. The complaint should be as detailed as possible, including the names of individuals involved, the names of any witnesses, direct quotations when language is relevant, and any documentary evidence (notes, pictures, cartoons, et cetera). All complaints of unlawful harassment will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. - 8 - Employee Handbook — Rev. May 1, 2015 Applicable law also prohibits retaliation against any employee for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by a governmental enforcement agency. Additionally, the Company will not knowingly permit any retaliation against any employee who complains of prohibited harassment or who participates in an investigation. All incidents of prohibited harassment that are reported will be investigated. The Company will immediately undertake or direct an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the reported harassment will be made and communicated to the employee who complained and to the accused harasser(s). If it is determined prohibited harassment has occurred, the Company will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of prohibited harassment is substantiated, appropriate disciplinary action, up to and including discharge, will be taken. Whatever action is taken against the harasser will be communicated to the employee who complained. Employees should refer to the California Department of Fair Employment & Housing's information sheet (DFEH #185) on sexual harassment that describes employee rights and remedies under state law. Copies of this pamphlet have been given to all employees. 4. Liability For Harassment Any employee of the Company, whether a coworker or supervisor, who is found to have engaged in prohibited harassment is subject to disciplinary action, up to and including discharge from employment. The contract of any independent contractor is subject to termination for violation of this policy. Further, any supervisor or manager who knew about harassment and took no action to stop it or failed to report the harassment to Human Resources may also be subject to discipline, up to and including discharge. The Company does not consider conduct in violation of this policy to be within the course and scope of employment or the direct consequence of the discharge of one's duties. C. Manager Training As part of the Company's commitment to provide a harassment free workplace, the Company provides and requires training for all managers and supervisors on sexual and all other forms of prohibited harassment, and abusive conduct in the workplace, at least once every two years. While it is nearly impossible to prevent all employee conflict in any business, we believe that training our management staff on how to recognize and prevent harassment goes a long way to eliminating it in the workplace altogether. - 9 - Employee Handbook — Rev. May 1, 2015 Reasonable Accommodation for Section IV Disabilities, Pregnancy, & Lactation A. Disability Accommodation The Company will make reasonable accommodations for the known physical or mental disabilities of an otherwise qualified applicant for employment or employee, unless undue hardship to the Company would result. Any applicant or employee who requires accommodation in order to perform the essential functions of a job should contact their supervisor and/or Human Resources. The applicant or employee should advise the Company what accommodations he or she believes are needed in order to perform the job. Together with the applicant or employee, the Company will engage in an interactive process to determine effective, reasonable accommodations, if any. If such an accommodation is possible and will not impose undue hardship on the Company, the Company will make the accommodation. The Company also reserves the right to require an employee to undergo a fitness -for - duty medical examination, at the Company's expense, if the Company believes or suspects that the employee may not be able to perform the essential duties of the job or may not be able to perform the essential duties of the job without risk of harm to him/herself or others. In such an instance, the Company will so advise the employee, in writing, of the need for the examination. Depending on the situation, the Company reserves the right to suspend employment pending the results of the examination. B. Pregnancy Accommodation A pregnant employee may request a reasonable accommodation of her condition on presentation of a doctor's written certification attesting that the accommodation request is on the doctor's advice. Such an accommodation may include, but is not limited to, a transfer to a less strenuous or hazardous position. If such a transfer can be reasonably accommodated and does not impose an undue hardship on the Company, a pregnant employee will be transferred for the duration of her pregnancy. However, the Company need not undertake to create additional employment that the Company would not otherwise have created to meet its own business needs, nor will the Company be required to discharge any employee, transfer any employee with more seniority than the pregnant employee, or to promote any employee who is not qualified to perform the job. On transfer, an employee will receive the salary and benefits which are regularly provided to employees in the position to which the employee has transferred. The Company need not make an accommodation that is an undue hardship on the Company. C. Lactation Accommodation Employees who wish to express breast milk at work may request a reasonable accommodation to do so. The Company will provide a reasonable amount of break time to accommodate an employee to express breast milk for the employee's infant child. If possible, such break time will run concurrently with the break time already provided. Any other break time will be unpaid. If the employee requiring a lactation break does not normally work in an area that can be made private, the Company will make reasonable efforts to provide the use of a room or other nearby location to express milk in private. - 1 0 - Employee Handbook — Rev. May 1, 2015 Section V Communication and Problem Solving The Company does not prohibit relatives, spouses, and domestic partners from applying for job openings. However, such relatives, spouses, and domestic partners will not be given priority or preference over other applicants. Should a relative, spouse or domestic partner of an employee be hired, he or she may not supervise or be supervised by his or her relative, spouse or domestic partner, or be placed in a position that may cause difficulties for supervision, safety, security, or morale, or create a potential conflict of interest. B. No Solicitation Policy To avoid interruption of employee work and protect employees from unnecessary annoyance, it is necessary to prohibit solicitations and distribution of literature on working time and in work areas. Therefore, no employee shall solicit or promote support for any cause or organization during his or her working time or during the working time of the employee or employees at whom the activity is directed. No employee shall distribute or circulate any written or printed material in work areas at any time, during his or her working time, or during the working time of the employee or employees at whom the activity is directed. Further, under no circumstances will non -employees be permitted to solicit or distribute written materials for any purpose on Company property. Distribution of literature in working areas is prohibited at all times. Employees are advised to refrain from soliciting for a children's fund raising event such as, but not limited to, a child's school, boys and girls clubs, etc. on work time or in work areas. In addition, employees are advised to refrain from selling any food or other goods on work time or in work areas. The Company will not be held responsible for any lost, stolen or damaged goods, and Company disclaims any and all liability for any damages or claims arising from such solicitation or sale of food or goods. Employees are not obligated to purchase from these or any other organizations. Working time does not include rest breaks and meal periods, off duty hours, or other periods during the work day when employees are properly not engaged in performing their work tasks. C. Open -Door Policy The Company recognizes that employees will have suggestions for improving the workplace, as well as complaints about the workplace. The most satisfactory solution to a job -related problem or concern is usually reached through prompt discussion. Employees are encouraged to see their supervisor or manager with questions or problems relating to their job. Employees also can talk over matters of concern directly with Human Resources. If an employee does not feel comfortable contacting his/her manager or Human Resources, he/she may write out his/her suggestion and/or complaint and submit them - 11 - Employee Handbook — Rev. May 1, 2015 either anonymously or not in one of the suggestion boxes located throughout the facility. However, suggestions and/or complaints received anonymously will not allow management to provide you with feedback. While the Company provides you with this opportunity to communicate your views, please understand that not every complaint can be resolved to your satisfaction. Even so, the Company believes that open communication is essential to a successful work environment and all employees should feel free to raise issues of concern without fear of reprisal. - I2 - Employee Handbook — Rev. May 1, 2015 Section VI A. Confidentiality And Non -Disclosure Confidentiality and Conflict of Interest The Company has a vital interest in protecting its employees, their property and the property of the Company. Proper security depends on the cooperation of the entire workforce. Accordingly, all employees are asked to comply with the Company's confidentiality and non -disclosure policies. Any breach of these policies should be reported promptly to your manager. Information about the Company, its contracts and its employees, passengers, suppliers and vendors is to be kept confidential and divulged only to individuals within the Company with both a need to receive and authorization to receive the information. This does not pertain to employees disclosing or discussing their own wages or salaries as well as working conditions with others. If in doubt as to whether information should be divulged, err in favor of not divulging information and discuss the situation with your manager. The protection of the Company's property is vital to the interests and success of the Company. Company property includes not only tangible property, such as equipment, but also intangible property, such as information. Of particular importance is proprietary and confidential information obtained by the Company employees during the course of their work. Confidential information is any information not known generally to the public or the industry. Confidential information obtained during or through employment with the Company may not be used by any employee for the purpose of furthering current or future outside employment or activities or for obtaining personal gain or profit. The Company reserves the right to avail itself of all legal or equitable remedies to prevent impermissible use of confidential information or to recover damages incurred as a result of the impermissible use of confidential information. B. Conflicts Of Interest Employees are required to avoid any conflict of interest during his or her employment by the Company. Any involvement that conflicts with an employee's duties or responsibilities or affects the employee's judgment in making a decision affecting the Company will be considered a conflict of interest. This includes any direct or indirect business, management or financial interest or activity, whether or not for compensation, in any business or entity that is a competitor, client, supplier or vendor of the Company. Employees may engage in or have outside businesses, personal interests or activities that do not constitute a conflict of interest with their employment at the Company. The Company requires that these activities or interests do not adversely affect an employee's capacity to perform his or her job duties or result in conflicting loyalties. C. Outside Jobs The Company has no objection to you holding another job as long as you can effectively meet the performance standards for your position with the Company and disclose the - 13 - Employee Handbook — Rev. May 1, 2015 second job to the Company. The Company asks that you think seriously about the effects that such extra work may have on the limits of your endurance, your overall personal health, and your effectiveness with the Company. The Company will hold all employees to the same standards of performance and scheduling demands and cannot make exceptions for employees who also hold outside jobs. If the Company determines an employee's outside job interferes with his or her performance or ability to meet the Company's requirements, the employee may be required to elect between terminating their outside employment or terminating their employment with the Company. An employee may not, during employment with the Company, work for a competitor of the Company without written approval. - 14 - Employee Handbook — Rev. May 1, 2015 Section V11 Payroll Practices A. Employee Status 1. Training Employees Training employees are those who are training for their position with the Company and have not yet been scheduled regular hours. Training employees are not eligible for employer -sponsored benefits, except those required by law. 2. Regular Full -Time Employees For purposes of eligibility for health benefits, regular full-time employees are those who work at least 30 hours per week and who have completed (1) a 30- day orientation period after the date of hire, and (2) a 30-day waiting period immediately thereafter. Such employees are eligible for health benefits as of the first of the month following the 30-day waiting period. 3. Regular Part -Time Employees Regular part-time employees are those who work less than 30 (thirty) hours per week. Part-time employees may be assigned a work schedule in advance or may work on an as -needed basis. 4. Non -Exempt Employees Non-exempt employees are those who are subject to the provisions of federal and state law requiring the payment of overtime. The Company will pay non- exempt employees overtime pay in accordance with state and federal law. You will be advised of your employee status at the time of hire, promotion or transfer. Since all employees are hired for an unspecified duration, assignment to any of these classifications does not guarantee employment for any specific length of time. Regardless of classification, your employment with the Company is at will. Accordingly, either you or the Company can terminate the employment relationship at will, at any time, without cause or notice. 5. Salaried, Exempt Employees Exempt employees are those whose job assignment meets the federal and state requirements for overtime exemption. Exempt employees include salaried professional, executive, and administrative employees. Exempt employees' salary will not be reduced for partial weeks of work due to service in the military or for lack of work. Salaried, exempt employees are expected to demonstrate the level of commitment appropriate to their job classification. The Company will consider any failure to display such commitment when evaluating an employee's performance and when considering matters such as pay increases and opportunities for advancement. 15 - Employee Handbook — Rev. May 1, 2015 B. Orientation Period The first thirty (30) days of continuous employment will be a learning experience. You will learn your job duties and responsibilities, get acquainted with your supervisor and fellow employees, and familiarize yourself with the Company in general. We refer to this initial period of employment as your "orientation period." However, certain positions within the Company may require a period of training that exceeds the initial orientation period. While we understand that you will be learning a lot about your new job, you are still expected to perform satisfactorily and your performance will be reviewed closely. Also, please understand that completion of the orientation period does not guarantee continued employment and does not change the at -will nature of the employment relationship. On satisfactory completion of the orientation period, the employee's performance will be reviewed. Please note that completion of the orientation period does not guarantee continued or long term employment. All employees remain at will both during and after the orientation period and the Company may terminate employment at any time, with or without cause. C. Anniversary Date An employee's anniversary date shall be the employee's date of hire. The Company will use employee's anniversary date to calculate PTO accrual. D. Reporting Pay The Company will pay you for one half ('/2) of your regularly scheduled workday, not to exceed four (4) hours pay, or two (2) hours at your straight time pay rate, whichever is greater, if you report to work and are not put to work or are given less than half the usual or scheduled day's work. The Company will not pay you for reporting to work under the following circumstances: 1. The interruption of work is due to the failure of any public utility; 2. The interruption of work is due to an act of God or other cause not within the Company's power to control; 3. Operations cannot begin due to threats to the Company or the Company's property, or when recommended by civil authority; 4. To employees on a paid standby status, called to work at times other than their usual shift; and 5. If you show up to work unfit to perform your regular work duties. E. Payroll Deductions State and federal laws require the Company to make the proper deductions on your behalf. Amounts withheld vary according to how much you earn, your marital status, and the number of your exemptions. Required deductions include: (1) Social Security (FICA); (2) Medicare; (3) federal income tax; (4) state income tax; (5) State Disability - 16 - Employee Handbook — Rev. May 1, 2015 Insurance (SDI); and (6) Paid Family Leave (PFL). Voluntary deductions for the employee portion of health insurance premiums, or other voluntary benefits, will be made on an employee's written authorization. F. Payment of Wages Wages will be paid every other Friday for the work performed between the previous two designated workweeks. In the event a regularly scheduled payday falls on a holiday, employees will be paid the prior workday. If there is an error in your check, please report it immediately to your supervisor. Failure to do so may result in disciplinary action, including but not limited to termination. No one other than the employee to whom the paycheck is written will be allowed to pick up a paycheck unless written authorization has been given for another person to do so. G. Requests For Payroll Records The Company will provide an employee or former employee with copies of his or her payroll records within twenty-one (21) days of his or her submission of a written request to their manager or Human Resources. H. Reimbursement of Business Expenses The Company will reimburse employees for reasonable, pre -approved business expenses incurred in connection with the performance of the employee's duties. Employees should promptly submit expense reports detailing the business -related expenses and must obtain prior consent before incurring any business -related expense. I. Wage Overpayment/Underpayment The Company takes all reasonable steps to ensure employees receive the correct amount of pay in each paycheck and are paid promptly in full on the scheduled paydays. In the unlikely event there is an error in the amount of your pay, you should promptly bring the discrepancy to the attention of your supervisor so corrections can be made as quickly as possible. Failure to immediately report any discrepancy in your paycheck may result in disciplinary action, including but not limited to termination of employment. If the Company determines you have been underpaid, the Company will pay you the difference. If the Company determines you have been paid in excess of what you earned, you can either repay the Company or consider the overpayment an advance of future wages payable. The Company will ask you to sign an authorization to deduct the excess (in whole or in part) from the next available paycheck(s) until the overpaid amount has been fully repaid. No employee is entitled to retain any pay in excess of the amount he or she has earned according to the agreed -on rate of pay. Failure to report any discrepancy in your paycheck may result in disciplinary action, including but not limited to termination of employment. No deduction will cause any employee to earn less than the current minimum wage. Deductions will not be made from final paychecks. 1 % - Employee Handbook — Rev. May 1, 2015 I Wage Garnishments The Company will adhere to legally imposed wage assignments and garnishments and will not modify the terms of those legal arrangements unless ordered to by a court. K. Advances The Company does not provide payroll advances, extend credit or offer loans to employees. - 1 g - Employee Handbook — Rev. May 1, 2015 Section V111 A. Business Hours and Schedule Hours of Operation and Work Schedules The Company's designated workweek begins at 12:01 a.m. on Saturday and ends at midnight the following Friday. You will be assigned a work schedule and you will be expected to begin and end work according to the schedule. To accommodate the needs of our business, it may be necessary to change individual work schedules on either a short-term or long-term basis. All employees are responsible for knowing their schedule and working the hours assigned. Employees must check the schedule regularly for any changes. Exchanging work schedules with other employees is discouraged. However, if it is necessary to exchange schedules, both employees' supervisors must be notified and must approve the change. Schedules will not be exchanged if the exchange will result in disruption or interference with the Company's normal operations, or will result in overtime. B. Meal And Rest Periods Non-exempt employees are entitled to a 30-minute unpaid duty-free meal period for every work period of more than five (5) hours, to be taken before or at the end of the five hour period. However, if six (6) hours of work will complete the day's work, the employee may voluntarily choose not to take the meal break with the consent of his or her supervisor. A second meal break is available for employees working more than ten (10) hours in a workday. An employee may waive the second meal break if (i) the total hours worked on that workday is not more than twelve (12); (ii) there is mutual consent of the employer and the employee; and (iii) the first meal break of the workday was not waived. Non-exempt employees are also authorized and permitted to take a paid ten (10) minute break for every four (4) hours of work (or majority thereof). Rest breaks should occur as near as possible to the middle of the work period. Rest breaks cannot be combined with your meal period. Nor can employees use rest breaks to come in late or leave early. If a non-exempt employee feels they are not being provided an opportunity to take a meal or rest break in accordance with this policy, they should inform their supervisor immediately. Your supervisor will schedule your break and meal periods. An employee who refuses to take their meal period may be subject to discipline, up to and including termination of employment. By signing each time record, all non-exempt employees certify that they were advised of their right to rest and meal breaks and that they took all rest and meal breaks to the extent required by law. - 19 - Employee Handbook — Rev. May 1, 2015 C. Time Records Time records are the Company's way of making sure employees are paid correctly. All employees, exempt and non-exempt, are required to submit a signed time card, or in the case of employees who are drivers, a trip sheet, for each pay period. Non-exempt employees must record the time work begins and ends, as well as the beginning and ending time of each meal period. Non-exempt employees must also record any departure from work for any non -work -related reason. Non-exempt employees should not report to work prior to their scheduled starting time nor stay after their scheduled stop time, or work any overtime without authorization from their supervisor. Exempt employees are required to record their time worked and must report absences from work for reasons such as vacation or personal business. All employees must make sure that personal days off, leaves, and holidays are correctly recorded on their time card. It is your responsibility to sign your time record or trip sheet, as the case may be. When you do so, you will be certifying the accuracy of all time recorded and non-exempt employees will also be certifying they took all required meal and break periods to the extent required by law. Any errors in your timecard or trip sheet should be reported immediately to your supervisor. The Company will attempt to correct legitimate errors. Altering, falsifying, and tampering with time records, trip sheets, or recording time on another employee's time record, is prohibited and subject to disciplinary action, up to and including termination of employment. D. Accuracy Of Time It is the Company's goal to ensure that all employees are properly paid for all of their work. Therefore, it is every employee's responsibility to examine their paycheck and paycheck stub to ensure they are being properly paid for all work time and that the paycheck and pay stub are accurate. If an employee believes they are not being properly paid for all their work, the employee must immediately inform their supervisor. Additionally, employees may not work "off the clock." If anyone asks you to work "off the clock," you must immediately bring this issue to your supervisor, Human Resources, or management. No employees are permitted to work "off the clock" at any time. For the purposes of this policy, "off the clock" work is where an employee works for the Company but does not accurately record their time in the Company's approved time record. Only an employee's manager is authorized to change an employee's time record to accurately reflect the employee's actual work hours. Employees should initial all such changes to confirm the revised time accurately reflects the hours worked. It will be presumed the Company is accurately compensating an employee, unless the employee brings a complaint pursuant to this policy in a manner that is timely. "Timely" is defined as 72 hours from receipt of your payroll check. - 20 - Employee Handbook — Rev. May 1, 2015 E. Overtime The Company may request employees to work beyond their normal shift from time to time. Although employees will be given advance notice where feasible, this is not always possible. Employees must have prior approval from their supervisor or manager before any overtime can be worked. Non -approved overtime will be paid, but may result in discipline, up to and including termination. The Company will pay overtime as required by applicable federal and state law as follows: Non-exempt employees who regularly work an eight (8) hour daily shift will be paid at the rate of one and one half (1'/2) times their regular rate of pay for hours worked over forty (40) hours in a work week or eight (8) in a workday. In addition, the Company will pay one and one half (1'/2) times the employee's regular rate of pay for the first eight (8) hours worked by the employee on his or her seventh consecutive day of work in a work week. Work performed in excess of twelve (12) hours per day and after eight (8) hours on the seventh consecutive day worked will be paid double the employee's regular rate of pay. Non-exempt employees who regularly work a ten (10) hour daily shift pursuant to an authorized alternative work week scheduled will be paid 1'/2 times their regular rate of pay for hours worked over forty (40) hours in a work week or ten (10) hours in a workday. Work performed in excess of twelve (12) hours per day will be paid double the employee's regular rate of pay. Drivers of commercial vehicles requiring a commercial driver license are not eligible for daily overtime, but are eligible for overtime for hours worked over forty (40) in a work week. Please see your supervisor if you have any questions regarding overtime. Holidays and Personal Time Off which is paid, but not worked, is not included in calculating overtime. The Company does not permit employees to take time off in lieu of receiving overtime pay. Exempt employees may have to work hours beyond their normal schedule, but will not be paid overtime. - 21 - Employee Handbook — Rev. May 1, 2015 Section IX Personnel Records A. Health Insurance Portability And Accountability Act (HIPAA) The Health Insurance Portability and Accountability Act (HIPAA), a federal law, is designed to protect the privacy of an individual's medical information. The Company complies with HIPAA to the extent it is applicable. The Company follows the HIPAA standards for non -covered entities which sponsor group health plans. You will receive a HIPAA Notice of Privacy Rights. If at any time, you have any questions about HIPAA, please contact the individual designated in the Notice of Privacy Rights. B. Personnel Records The Company keeps a personnel file on each employee. The personnel file contains such information as the employee's job application, records of training, performance appraisals, and records of salary increases. The contents of an employee's file, except for pre -employment materials and certain other limited kinds of information, are open for his or her inspection, within 30 days of a written request. An employee may make copies of anything in his or her file that has been signed by them, provided the employee/former employee pays the actual cost of copying. Employees/former employees must complete the Personnel File Inspection / Copy Form and provide it to Human Resources if they wish to review or copy their personnel file. Personnel files may only be reviewed in the presence of a designated Company representative. Personnel files are the property of the Company and access to the information they contain is restricted. Generally this information is only available to those in management who have a legitimate need for the information. The Company will keep employee personnel records confidential. Any request for information from a personnel file must be directed to Human Resources. Only Human Resources is authorized to release information about current or former employees. There are certain times when information may be given to persons outside of the Company. These include: 1. Responses to subpoenas, court orders, or orders of administrative agencies; 2. In a lawsuit in which an employee and/or the Company are parties; 3. To administer employee benefit plans; and 4. To a health care provider. - 22 - Employee Handbook — Rev. May 1, 2015 C. Personnel Data Changes It is the responsibility of each employee to promptly notify the Company of any changes in his or her personnel data. An employee's personal mailing address, telephone number, number and names of dependents, and emergency contact, should be kept accurate and current. Moreover, to ensure the Company can notify you when necessary, you must provide an address where the Company can reach you (not a Post Office or P.O. Box). If any personnel data has changed, employees must notify either their manager or Human Resources immediately. - 23 - Employee Handbook — Rev. May 1, 2015 Section X A. Work Assignments Job Duties and Performance From time to time, an employee may be asked to work on special projects or to assist with other work necessary or important to the operation of his or her department or the Company. Cooperation and assistance in performing such additional work is expected. The Company reserves the right, at any time, with or without notice, to alter or amend an employee's job description, to reassign or transfer job duties, or to assign additional job responsibilities. As part of your initial orientation, you will learn the various duties and responsibilities of your job. The Company maintains certain expectations and standards applicable to your job position. Your manager will review these with you. It is expected that employees will perform additional duties and assume additional responsibilities as needed for the efficient operation of the Company. In order to adjust to changes in our business, it may become necessary to add to or remove certain duties and responsibilities, or to reassign you to an alternate job position. Employees are expected to cooperate in this regard. C. Performance Evaluations Employees are strongly encouraged to discuss job performance and goals on an informal, ongoing basis. Evaluations will usually be conducted by your manager. The frequency of performance evaluations may vary depending on length of service, job position, past performance, changes in job duties or recurring performance problems. The purpose of any evaluation is to let the employee and the Company review the employee's job tasks, encourage and recognize employee strengths, identify and correct weaknesses, and to set future performance goals and methods for meeting these goals. The evaluation may include a review of factors such as the quality and quantity of work, job knowledge, initiative, work attitude, and attitude towards others. Evaluations will be reviewed in a private meeting between the employee and their manager. The employee will be allowed to see and comment on the evaluation, sign the form to show that it has been read and discussed, and receive a copy. The employee is encouraged to ask questions and comment on the evaluation. Performance evaluations will not necessarily result in a salary increase or promotion. The timing and amount of such increases and promotions will be determined by the Company and will be based on individual merit. - 24 - Employee Handbook — Rev. May 1, 2015 Section XI A. Employee Conduct Employee Conduct and Work Rules Whenever people are required to work together for any purpose, they need certain guidelines to govern their personal conduct and relations. The Company considers work rules to be an important responsibility. They are a necessary part of managing the business so employees can be treated fairly and work safely and effectively. These rules apply to all employees. You may receive disciplinary action in the form of verbal warnings, written warnings, or suspension, or you may be immediately discharged from your employment as the Company is an at -will employer. Examples of impermissible conduct which may lead to disciplinary action are identified below to promote understanding of what is considered unacceptable conduct and to encourage consistent action by the Company in the event of violations. However, it is impossible to provide an exhaustive list of types of conduct that may result in disciplinary action. The following list, therefore, contains only some examples of conduct that may lead to the imposition of discipline, up to and including termination. 1. Falsification of employment records, employment information, or other records. 2. Recording the work time of another employee, allowing any other employee to record your work time, or allowing falsification of any time card, whether your own or another employee's. 3. Theft or damage of any Company property or the property of any employee or client. 4. Removing or borrowing Company property without prior authorization. 5. Unauthorized use of Company equipment, time, materials, or facilities. 6. Working with alcohol or illegal substances in your system or any violation of the Company's policy on drugs and alcohol. 7. Possessing, distributing, selling, transferring, using, or having alcohol or illegal drugs in your system while in the workplace or in Company vehicles. 8. Provoking or participating in a fight or fighting during working hours or on premises owned or occupied by the Company. 9. Provoking or participating in horseplay or practical jokes on the Company's time or on premises owned or occupied by the Company. 10. Possession of firearms or any other dangerous weapons, at any time, on premises owned or occupied by the Company or in company vehicles. 11. Engaging in illegal conduct which is detrimental to the reputation of the Company, whether or not related to job performance. - 25 - Employee Handbook — Rev. May 1, 2015 12. Insubordination, including, but not limited to, failure or refusal to obey the orders or instructions of any supervisor or member of management, the use of threatening language toward any supervisor or member of management, or refusal to fully disclose information in the course of Company investigations. 13. Using profane, hostile, or abusive language towards an employee or customer at any time during working hours or while on premises owned or occupied by the Company. 14. Failing to personally notify the Company when unable to report to work. 15. Failure to report to work and notify management of the absence for two (2) consecutive scheduled workdays. 16. Failing to obtain permission to leave work for any reason during normal working hours, with the exception of unpaid meal periods. 17. Failing to observe working schedules, including meal periods. 18. Failing to provide a physician's certificate when requested or required to do so. 19. Sleeping or malingering on the job. 20. Working overtime without authorization or refusing to work assigned overtime. 21. Violating any safety, health, or security policy, rule, or procedure of the Company. 22. Failing to maintain the confidentiality of proprietary information or Company trade secrets or engaging in direct competition with the Company. 23. Engaging in unlawful harassment or discrimination. 24. Failing to comply with the Company's policies, including the policies in this Employee Handbook. The Company does not have a formal progressive discipline policy requiring a set number of warnings or counseling sessions. Instead, each case is considered based on its own facts. Any misconduct or violation of the Company's policies may result in discipline, up to and including termination. This statement of prohibited conduct does not alter or limit the Company's policy of employment at will. Either you or the Company may terminate the employment relationship at any time for any reason, with or without cause or without notice. B. Cell Phone Safety While Driving In the interest of the safety of our employees and others, employees are prohibited from using cell phones, text messaging, and/or emailing while driving on Company business and/or Company time. Under no circumstances shall employees make phone calls, text message, or email while driving on Company business and/or Company time. - 26 - Employee Handbook — Rev. May 1, 2015 If an emergency arises and the employee must use their cell phone while in a Company vehicle, the employee must pull over and park the vehicle before doing so. Employees who violate this policy are subject to disciplinary action, up to and including termination. This policy does not apply in the event an employee needs to use a cell phone in the case of an emergency or to contact a law enforcement agency. C. Telephones and Personal Cell Phones It is important to keep the Company's telephone lines free for client and passenger calls. Occasional use of the Company's telephones for a personal emergency may be necessary, but routine personal calls should be kept to a minimum. In order to ensure that telephone calls are handled in a professional and businesslike manner and to promote employee efficiency, the Company may monitor employee telephone calls. Therefore, employees should have no anticipation of privacy for either incoming or outgoing calls made on Company -provided telephone equipment. Use of personal cell phones at work interferes with the efficient operations of the Company and is distracting to others. Absent a true emergency, employees may not use personal cell phones during the employee's work hours. Employees are also prohibited from using the text messaging and photography features of cell phones during these times. Personal cell phones must be kept in the "silent" position (vibrate position is not allowed) and should be kept in employees' desk drawer, purse or pocket, and used only during rest breaks and meal periods. Employees may not use their personal cell phone to conduct Company business unless specifically authorized. The Company maintains ZERO TOLERANCE for drug and alcohol abuse by its employees. Illicit drug use and indiscriminate alcohol consumption puts everyone at risk and cannot be tolerated. In keeping with our efforts to promote health and safety and protect the interests of our employees, clients, passengers, and the Company, the Company strictly prohibits the use, possession, sale, manufacture, or purchase of alcohol, illegal drugs, intoxicants, or controlled substances at any time on Company premises, in Company vehicles, or while on Company business. Furthermore, employees are prohibited from being under the influence of, or having in their system, alcohol, illegal drugs, intoxicants or controlled substances during working time or while operating company vehicles. 1. Prohibited Acts The following rules and standards of conduct apply to all employees. The following acts are strictly prohibited by the Company and will be grounds for immediate termination: a. Possession, use, or having alcohol or an illegal drug intoxicant, or controlled substance in your system while on the job or on Company -owned or occupied premises, or in Company vehicles; 27- Employee Handbook — Rev. May 1, 2015 b. Driving a Company vehicle, or driving any vehicle on Company business, while having alcohol or an illegal drug, intoxicant, or controlled substance in your system; c. Distributing, selling, manufacturing, or purchasing --or attempting to distribute, sell, manufacture, or purchase --an illegal drug, intoxicant, or controlled substance during working hours or while on Company -owned or occupied premises or in Company vehicles; d. Testing positive on a required or requested drug or alcohol test or screen; e. Refusing either to take or to release information regarding a required or requested drug or alcohol test or screen; and f. Violating any Company rule or policy regarding alcohol and drug use. 2. Testing Program The Company may require drug and/or alcohol testing: a. After an offer of employment, but before the applicant commences employment; b. When a reasonable suspicion exists that any employee has alcohol or any illegal drug, intoxicant, or controlled substance in his or her system while on the job, or is otherwise in violation of this policy. Reasonable suspicion means suspicion based on information regarding, among other things, the appearance, behavior, speech, attitude, mood, and/or breath odor of any employee; c. When any employee is found in possession of alcohol or any illegal drug, intoxicant, or controlled substance in violation of Company policy, or when any of those items are found in an area controlled or used by the employee; d. When an accident, near -miss, or incident occurs in which safety precautions are violated or careless acts are performed, and a reasonable suspicion exists that the employee involved has alcohol or any illegal drug, intoxicant, or controlled substance in his or her system; e. When a work injury is reported; f. After any employee has participated in a rehabilitation program; and g. When required by a state or federal law or regulation. Employees suspected of possessing alcohol, illegal drugs, intoxicants, or controlled substances are subject to inspection and search, with or without notice. Employees' personal belongings, including any bags, purses, briefcases, and clothing, and all Company property, are also subject to inspection and search, with or without notice. Employees who violate the Company's drug and alcohol policy will be removed from the workplace immediately. The Company may also bring the matter to the attention of appropriate law enforcement authorities. Any conviction for criminal conduct involving illegal drugs, - 28 - Employee Handbook — Rev. May 1, 2015 Q F. intoxicants, or controlled substances, whether on or off duty, or any violation of the Company's drug and alcohol policy, including having a positive drug test result or refusing to take the test will be grounds for immediate termination. Any employee's conviction on a charge of sale, distribution, manufacturing --or attempted sale, distribution, or manufacturing --or possession of any controlled substance while off Company property will not be tolerated because that conduct, even though off duty, reflects adversely on the Company. In addition to reflecting adversely on the Company, the Company must keep people who are involved with illegal drugs, intoxicants, and controlled substances off premises owned or occupied by the Company in order to keep those substances off the premises. Employees found to be involved as such will be subject to immediate termination. Any employee who is using prescription or over-the-counter drugs that may impair his or her ability to safely perform the job or may affect the safety or well- being of others must submit a physician's statement that the prescription drug use will not affect job safety. The employee is not required to identify the medication or the underlying illness. Various federal, state, and local laws protect the rights of individuals with disabilities and others with regard to the confidentiality of medical information, medical treatment, and the use of prescription drugs and substances taken under medical supervision. Nothing contained in this policy is intended to violate or interfere with individual rights under these laws. Employees who violate over-the-counter or prescription notification are subject to disciplinary action, up to and including termination. It is essential employees comply fully with this policy and the Company's other guidelines regarding substance abuse. The Company's Drug and Alcohol Policy is further set forth in a separate document and is distributed to and reviewed with employees during training. Please refer to that separate document for further information and contact your supervisor or manager if you have any questions. Smoking As part the Company's efforts to provide a safe and healthy workplace, smoking cigarettes and/or electronic cigarettes is allowed in designated areas only. Smoking within the facility is strictly prohibited. Smoking is prohibited in ALL Company vehicles. Employees who smoke may do so only on their meal and rest breaks and only outside of the Company's offices. Employees smoking in any non-smoking area may be subject to disciplinary action, up to and including termination. Please contact your supervisor if you have any questions regarding this policy. Dress And Grooming Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the business image that the Company presents to others. Employees are expected to report to work well-groomed, clean and dressed appropriately in designated uniform (uniform shirts are provided for all departments, - 29 - Employee Handbook — Rev. May 1, 2015 excluding Office Administration). Your attire should be appropriate for your position, roles and responsibilities. Clothing should be professional, neat, clean, tasteful and in good repair. Wrinkled, torn, dirty, worn out or overly revealing clothing is unacceptable. All seams must be finished. Any clothing that has words, terms or pictures that may be offensive is unacceptable. Hair should be clean, combed and neatly trimmed or arranged. All employees will maintain good hygiene and grooming standards. Excessive jewelry, make-up, hairstyles, and body piercings are not permitted while on duty. Employees may dress casually, but may not wear undershirts, sweat pants, pajama -like pants, swim wear, or flip-flops. Pants must be worn at the waist and fit appropriately. If pants are loose at the waist, a belt must be worn. Men's shirts must have a collar. The following is not permissible: • Shorts shorter than 4" above the knee • Hats, stocking caps, caps with logos • Tank tops and/or spaghetti straps or tube tops • Bare backs or midriffs • Distracting or revealing clothing • Skirts / dresses revealing more than 4" above the knee • Low cut or revealing outfits • See through clothing • Sweat pants • Flashy or "loud" clothing • Clothes that are too transparent or too tight • T-shirts without a collar • Excessively long fingernails • Overly strong perfume or lotion Employees should consult with their supervisor or manager if they have any questions as to what constitutes appropriate attire. Employees who are not dressed in proper attire may be sent home to change, and they will not be compensated for the time away from work. Violations of this policy may result in disciplinary action, up to and including termination. - 30 - Employee Handbook — Rev. May 1, 2015 The Company will consider reasonable accommodations for employees who would be non -compliant with the Dress & Grooming Policy as part of their religious practices (e.g., religious head coverings). G. Attendance To maintain a safe and productive work environment, the Company expects you to report to work on a reliable and punctual basis. Excessive unexcused absenteeism, early departures from work, and late arrivals burden your fellow employees and the Company. If you cannot avoid being late to work or are unable to work as scheduled, you must notify your supervisor or manager a minimum of 2 hours prior to the start of your shift. If you are unable to reach your supervisor, you must contact dispatch or the person designated by your contract and inform them of your status. Every time you are absent or late, or leave early, you must provide an honest reason or explanation. You must also inform the Company of the expected duration of any absence. If the expected duration of your absence is unknown, you must call in each day. The Company will comply with applicable laws relating to time off from work, but it is your responsibility to provide sufficient information to enable the Company to make a determination. You must notify the Company of any change in your status as soon as possible. Except for absences that are legally authorized, excessive unexcused absenteeism and/or tardiness may lead to disciplinary action, up to and including termination of employment. If you fail to report to work and notify management of the absence for two (2) consecutive scheduled workdays, or are tardy three (3) times within a thirty (30) day period, you will be considered excessively absent or tardy and will be subject to discipline, up to and including termination. Three or more days of absence may require certification from your health care provider. In addition, the Company will take corrective action up to and including termination in any case where your overall attendance or tardiness record is less than satisfactory. Employees not present at their workstation ready to start work by their designated start time may be considered tardy. Certification by your health care provider is required for absences of five (5) or more consecutive work days. If you fail to report for work without notification for two (2) consecutive workdays, you may be considered to have abandoned your employment. Different rules may apply to individuals on a protected leave of absence, which may require an employee to be absent on a regular or intermittent basis. Also, individuals with disabilities may be granted reasonable accommodation in complying with these policies if undue hardship does not result to the Company's operations. However, regular attendance and promptness are generally considered part of each employee's essential job functions. H. Contact With the Company It is essential that drivers are at the appointed job sites at the designated times. The Company's clients and passengers rely on this. Thus, employees must inform the - 31 - Employee Handbook — Rev. May 1, 2015 Company in advance if they anticipate they will not be in a scheduled place at a scheduled time. Customer and Public Relations The Company's reputation is built on excellent service and quality, and reliable work. The active participation of every employee is required to maintain this reputation. The opinion a customer has about the Company may be based on the actions of a single employee. It is sometimes easy to take customers for granted, but when we do, we run the risk of losing not only that customer, but his or her associates, friends or family who may also be customers or prospective customers. Each employee must be sensitive to the importance of providing courteous treatment in all working relationships, including to coworkers. Confidentiality of Customer Matters The Company requires employees to maintain the highest degree of confidentiality when handling customer matters. Employees should not disclose customer information to anyone outside the Company, including other customers and third parties. Questions about customer confidentiality should be directed to your supervisor. K. Gratuities Employees are not permitted to accept gratuities of any kind from clients, passengers or vendors. L. Natural Disasters When natural disasters, such as earthquakes, mud slides, floods and fires occur, the public and our clients rely on us more than ever to provide our services. It is imperative that employees work with the Company during these times and to keep the Company informed of their whereabouts and ability to report to work. Unless the Company is notified and approves the absence, employees are expected to report to work as scheduled. If extreme conditions require the Company to close its operations, the Company will attempt to notify employees. - 32 - Employee Handbook — Rev. May 1, 2015 Section X11 Safety and Security The Company has a vital interest in maintaining safe, healthful and efficient working conditions for its employees, clients, and visitors. Accordingly, it is the right, obligation and intent of the Company to protect its employees, clients, passengers, and visitors, and to safeguard Company property, equipment and operations by establishing and maintaining the following policies. A. Policy Against Workplace Violence 1. Statement of Policy The safety and security of Company employees is paramount. Acts or threats of physical violence, including intimidation, harassment, and/or coercion, that involve or affect the Company or that occur on Company property or in the conduct of Company business off Company property, will not be tolerated. This prohibition against threats and acts of violence applies to all persons involved in Company operations, including, but not limited to, Company personnel, contract workers and anyone else on Company property or conducting Company business off Company property. Violations of this policy will lead to disciplinary and/or legal action as appropriate. This policy is intended to confirm that the Company is in compliance with existing legal provisions requiring employers to provide a safe workplace. It is not intended to create obligations beyond those required by existing law. 2. Definitions Workplace violence is any intentional conduct that is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property such that employment conditions are altered or a hostile, abusive, or intimidating work environment is created. Workplace violence may involve any threats or acts of violence occurring on Company premises, regardless of the relationship between the Company and the parties involved. It also includes threats or acts of violence that affect the business interests of the Company or that may lead to an incident of violence on Company premises. Threats or acts of violence occurring off Company premises that involve employees, agents, or individuals acting as a representative of the Company, whether as victims of or active participants in the conduct, may also constitute workplace violence. Specific examples include, but are not limited to, the following: a. Threats or acts of physical or aggressive contact directed toward another individual; b. Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property; c. The intentional destruction or threat of destruction of Company property or another employee's property; d. Harassing or threatening phone calls, texts, or emails; - 33 - Employee Handbook — Rev. May 1, 2015 e. Surveillance; f. Stalking; g. Veiled threats of physical harm or similar intimidation; and h. Any conduct resulting in the conviction under any criminal law relating to violence or threats of violence that adversely affects the Company's legitimate business interests. Workplace violence does not refer to occasional comments of a socially acceptable nature. These comments may include references to legitimate sporting activities, popular entertainment, or current events. Rather, it refers to behavior that is personally offensive, threatening, or intimidating. 3. Enforcement Anyone who engages in a threat or violent action on Company property may be removed from the premises as quickly as safety permits and may be required, at the Company's discretion, to remain off premises pending the outcome of an investigation of the incident. When threats are made or acts of violence are committed by employee(s), a judgment will be made by the Company as to what actions are appropriate, including possible disciplinary action. Once a threat has been substantiated, it is the Company's policy to put the threat maker on notice that they will be held accountable for their actions and then implement a decisive and appropriate response. Under this policy, decisions may be needed to prevent a threat from being carried out, a violent act from occurring, or a life -threatening situation from developing. No existing policy or procedure of the Company should be interpreted in a manner that prevents the making of these necessary decisions. The Company may undertake a case -by -case analysis to ascertain whether there is a reasonable basis to believe that workplace violence has occurred. Employees who violate this policy, who engage in or contribute to violent behavior, or who threaten others with violence may be subject to disciplinary action, up to and including termination. No provision of this policy shall alter the at -will nature of employment at the Company. B. Policy Regarding Violent Crime You should make a conscious effort to observe your surroundings and report any suspicious persons or activities to the police. In the unfortunate event of a holdup or robbery, you should consider obeying the orders issued by the perpetrator. Failure to follow the perpetrator's orders may jeopardize your safety as well as the safety of passengers and other employees. Therefore, try to stay calm, move slowly, and cooperate with the perpetrator. Do not argue, fight, display a weapon, or offer other form of resistance. To the extent possible, employees should attempt to concentrate on the - 34 - Employee Handbook — Rev. May 1, 2015 perpetrator's physical features, dress, voice, automobile, etcetera in hope of later identification. Once the incident is over, you should remain where you are --do not attempt to follow or catch the perpetrator. Once you are certain that the perpetrator has left the immediate area, quickly secure the area and call the police. While waiting for the police to arrive, avoid touching anything or disturbing the area. If possible, write down everything you can remember about the incident and the perpetrator. Employees are expected to cooperate fully with the enforcement authorities after the occurrence of an incident. C. Health and Safety The Company strives to attain the highest possible level of safety in all activities and operations. The Company also makes efforts to comply with all health and safety laws applicable to our business. To this end, the Company must rely on employees to ensure that work areas are kept safe and free of hazardous conditions. Employees should be conscientious about workplace safety, including proper operating methods and known dangerous conditions or hazards. You should report any unsafe conditions or potential hazards to your supervisor or the Safety Manager immediately, even if you believe you have corrected the problem. If you suspect a concealed danger is present on the Company's premises, or in a piece of equipment, process, or business practice for which the Company is responsible, bring it to the attention of your supervisor immediately. The Company will arrange for the correction of any unsafe condition or concealed danger immediately. Periodically, the Company may issue rules and guidelines governing workplace safety and health. All employees should familiarize themselves with these rules and guidelines as strict compliance will be expected. Contact your supervisor for copies of current rules and guidelines for your department. Failure to comply strictly with rules and guidelines regarding health and safety or negligent work performance that endangers health and safety will not be tolerated. Any workplace injury, accident, or illness must be reported to your supervisor and/or the Risk Manager as soon as possible, regardless of the severity of the injury or accident. If medical attention is required immediately, the Company will assist employees in obtaining medical care, after which the details of the injury or accident must be reported. Employees must understand that compliance with safety requirements is a condition of employment and will be evaluated, together with other aspects of an employee's performance. It is essential that all employees comply fully with the standards and practices of the Company that are designed to promote a safe and healthful working environment. As part of our policy, the Company has established programs to help employees avoid dangerous and unhealthful conditions and to remedy problems or hazards before they cause accidents or injuries. D. Voice Mail, E-Mail, Text Messages and Computer Files Company -provided e-mail, text messaging systems and computers are to be used for business purposes only and may not be used for personal business. These systems are maintained by the Company in order to facilitate Company business. Therefore, all messages sent, received, composed and/or stored on these systems are the sole - 35 - Employee Handbook — Rev. May 1, 2015 property of the Company, and employees should have no anticipation of privacy when using company equipment. E. Right To Monitor Employees In our ongoing effort to achieve the highest level of business efficiency and customer service, the Company reserves the right to observe employees throughout the Company's premises, either by way of direct observation or through the use of electronic devices. The Company may install video cameras to monitor Company premises and/or other generally open areas where employees may be seen by others. Therefore, employees should have no anticipation of privacy in the workplace, with the exception of restrooms. F. Use Of Equipment Company -owned equipment is expensive and may be difficult to replace. When using equipment, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards and guidelines. At no time is Company -owned equipment to be used for personal purposes. No Company -owned equipment may be removed from the premises without written authorization from the Company. Questions about the responsibility to maintain and care for equipment should be directed to your supervisor or manager. Employees should immediately notify their supervisor or manager if any equipment, machine, or tool appears to be damaged, defective or in need of repair. Prompt reporting of damage, defects and wear can prevent deterioration of equipment and avoid possible injury to the employee and others. The negligent, careless or unsafe use of Company equipment may result in discipline, up to and including termination. G. Safe Operation Of Vehicles Drivers of Company vehicles are responsible for the safe operation and cleanliness of the vehicle. Accidents and incidents involving a Company vehicle must be immediately reported to a supervisor or manager. Failure to immediately report an accident or incident will result in disciplinary action, up to and including termination. Seat belts must be worn by all drivers at all times driving Company vehicles. Employees must exercise good judgment and safe driving practices at all times, including avoiding any activity which may distract their attention from the road or violate any law. Such activity includes speeding or other reckless driving, ingesting alcoholic beverages or drugs, and use of a cell phone while operating a vehicle. Employees driving their own personal vehicles while conducting Company business should promptly submit an expense report detailing the number of miles driven on Company business. The Company will pay mileage. In the course of such operation, a valid driver's license and proof of current insurance must be in your possession. Employees are expected to observe all Company policies while on Company business, - 36 - Employee Handbook — Rev. May 1, 2015 even if driving their own personal vehicles. Employees are prohibited from using Company vehicles for personal use. Employees who violate this policy are subject to disciplinary action, up to and including termination. H. Employee Property Employees should not bring valuables to work. The Company assumes no responsibility for the loss, theft, or damage of employees' personal property. I. Employee Parking The Company provides parking for staff on the premises but employees are cautioned to park at their own risk. The Company shall assume no responsibility for any loss, theft, or damage to an employee's vehicle. Please be courteous to the vehicles already parked and please be mindful of the speed limit (5mph) in the parking lot. J. Visitors in the Workplace To provide for the safety and security of employees and the Company facility, employees may not have visitors in the workplace. Restricting visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare and avoids potential distractions and disturbances. Non -staff personnel and children of staff members are not allowed to be on the premises with an employee while employee is working. 3 % - Employee Handbook — Rev. May 1, 2015 Section X111 A. Holidays Benefits The Company observes the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. If one of the above holidays falls on a day an employee's contract system is normally closed and the client observes the holiday by closing a different day, the day the client is closed will be considered the employee's holiday. If the client's system does not close for the holiday, the employee must work their regularly scheduled shift and will be paid one and a half (1'/2) times their normal hourly rate. If the client's system observes holidays other than or in addition to those listed above, the employee will not be paid for the additional days off, but may use any accrued, unused Personal Time Off during this time. Non-exempt employees in the orientation period are not eligible for holiday pay. Eligible employees will only receive holiday pay if the holiday falls on their regularly scheduled workday. Eligible, exempt employees receive their regular salary on any recognized holidays. Eligible, full-time non-exempt employees will receive their regular straight time hourly wage rate for the number of hours that they are regularly scheduled to work on the day a holiday is observed by the Company and management offices are closed. Part-time and temporary employees, and employees on a leave of absence, are not eligible for holiday pay. To be eligible for holiday pay, you must work the last scheduled day immediately preceding and the first scheduled day following the holiday, unless a written request for time off is submitted and approved by the Company prior to the holiday. In the event of illness and with written approval from the Company, this rule will be suspended contingent on the employee's submission of a certificate from a health care provider. Employees on leave of absence are ineligible for holiday benefits for holidays observed during the period they are on leave of absence. B. Personal Time Off 1. Non -Exempt Employees Personal Time Off ("PTO") for non-exempt employees will accrue on a weekly basis at the rate of 0.8 hours per week for those employees who get paid for at least 35 hours in a given week. For example, if an employee works 28 hours in a week and uses at least 7 hours of accrued PTO and/or sick leave hours to reach the thirty five (35) hour threshold, 0.8 hours of PTO will be added to the employee's PTO bank. However, if an employee has exhausted their accrued PTO and/or sick leave hours and works less than 35 hours in a week, PTO will not accrue for that week. Employees are eligible to accrue PTO after completing 90 days of continuous employment from their date of hire. - 3 8 - Employee Handbook — Rev. May 1, 2015 Earned PTO accrues to a maximum of one and one-half (1'/2) times the annual accrual rate. Once the maximum accrual amount has been reached, no additional PTO will be earned until previously accrued PTO is used. You will not be given retroactive credit for any period of time in which you did not accrue PTO because you were at the maximum. At year-end, unused PTO at or below the maximum accrual amount will carry over to the subsequent year. 2. Exempt Employees PTO for exempt employees will accrue on a weekly basis at the rate of 1.55 hours per week for those employees who have worked for the Company three (3) consecutive years or less, and at the rate of 2.04 hours per week for those employees who have worked for the Company for more than three (3) years. Employees are eligible to accrue PTO after completing 90 days of continuous employment from their date of hire. Earned PTO accrues to a maximum of one and one-half (1'/2) times the annual accrual rate. Once the maximum accrual amount has been reached, no additional PTO will be earned until previously accrued PTO is used. You will not be given retroactive credit for any period of time in which you did not accrue PTO because you were at the maximum. At year-end, unused PTO at or below the maximum accrual amount will carry over to the subsequent year. 3. Use of PTO PTO may be used for any purpose, including illness or injury, medical or dental appointments, vacation, care for a family member, or other reasons. Employees are not eligible to take PTO until it is earned and they have completed 90 days of employment from their anniversary date. Employees are encouraged to take their accrued PTO each year. Employees will be paid for all accrued unused PTO on termination of employment. Employees who have worked for the company for 2 consecutive years may receive one-half of their yearly PTO accrual in pay at the time they take PTO time off of not less than three days. Employees should submit written requests for PTO to their supervisor at least two (2) weeks in advance. In the event of illness or an emergency, employees must contact their supervisor as soon as possible and in no event less than two (2) hours prior to their start time. The Company encourages employees to request PTO in increments of at least one (1) regularly scheduled workday. PTO will be scheduled so as to provide adequate coverage of job and staff requirements. The Company will make the final determination in this regard. Therefore, the Company may elect to deny PTO in its discretion. PTO does not accrue during unpaid leaves of absence or other periods of inactive service, except where required by law. Exempt employees must use PTO for otherwise unexcused absences from work for a day or more. Exempt employees must also use PTO for absences of four (4) or more hours in a work day when taking personal time off. Exempt employees are prohibited from doing any work while taking PTO, including but not limited to checking voicemail, checking email and text messaging. - 39 - Employee Handbook — Rev. May 1, 2015 If you are eligible for a partial wage replacement by the state under the state's Paid Family Leave program (PFL), the Company may require that you take accrued but unused PTO leave prior to your initial receipt of these benefits. C. Paid Sick Leave Employees who meet the eligibility service requirements as specified by applicable law are eligible for paid sick leave benefits during each year of employment. New employees who have worked for 30 or more work days within a year from the beginning of their employment are eligible to receive paid sick leave benefits. 1. Non -Exempt Employees Beginning with their date of hire, eligible employees will accrue 1 hour of sick leave per work week until a total of 30 hours of sick leave have been accrued for use after they have completed the eligibility service requirements. Thereafter, during each year of employment, beginning on the employee's anniversary date, eligible employees will accrue 1 hour of sick leave per week until a total of 30 hours of sick leave have been accrued per anniversary year. Employees who do not meet the eligibility service requirements are not eligible for sick leave benefits. For non-exempt employees, paid sick leave accrual will cap at sixty (60) hours, with a usage cap of thirty (30) hours per anniversary year. 2. Exempt Employees Beginning with their date of hire, eligible exempt employees will accrue 1 hour of sick leave per work week until a total of 3 days (24) hours of sick leave have been accrued, for use during their first year of employment after they have completed the eligibility service requirements. Thereafter, during each year of employment, beginning on the employee's anniversary date, eligible employees will accrue 1 hour of sick leave per work week until a total of 3 days (24 hours) of sick leave have been accrued. For exempt employees, paid sick leave accrual will cap at forty-eight (48) hours, with a usage cap of twenty-four (24) hours per anniversary year. I Use of Paid Sick Leave Non-exempt employees may only use thirty (30) hours of paid sick leave per year, and exempt employees may only use twenty-four (24) hours of sick leave per year. Newly hired eligible employees may start using their earned sick leave benefits beginning on the 90th day of employment. Last minute unscheduled time off ("calling in sick") disrupts business operations, creates scheduling issues, and should be avoided. For a non -emergency reason or for a foreseeable situation, employees are to provide reasonable advance notification to their Supervisor preferably with one week's notice but at least one workday (24 hours) advance notice of a need for paid sick leave. For an emergency situation that is unforeseeable, employees are to notify their Supervisor of an intended absence at least two (2) hours before their scheduled shift or workday begins or as soon - 40 - Employee Handbook — Rev. May 1, 2015 as practicable. Employees are to use their available paid sick leave benefits in minimum increments of two (2) hours. Sick leave is to be used only for absences due to illness, incapacity due to injury, and appointments with, or treatment by, a health care provider involving the employee, or the employee's child, parent, spouse or registered domestic partner, or the child of the registered domestic partner, the employee's sibling, grandparent or grandchild. Paid sick leave may also be used by an employee who is a victim of domestic violence, sexual assault or stalking as specified by applicable law. All sick leave payments will be based on an employee's regular pay rate in effect at the time such payments are made. Sick leave will be paid on the payday for the next regular payroll period after the sick leave was taken. Sick leave payments also would be coordinated with state disability/paid family leave or workers' compensation insurance benefit payments so that all such payments will not exceed the employee's normal weekly gross earnings. The purpose for sick leave benefits is to provide salary or wage continuation to eligible employees who are absent due to illness or injury. Employees should conserve their sick leave bank in case of an unexpected illness or injury. Sick leave is not to be abused or misused. Sick leave benefits are not earned during any leaves of absence until the employee returns to work. Full or partial days off due to illness or injury in excess of available sick leave by non-exempt employees will be taken without pay. Exempt employees who have used all of their available sick leave benefits continue to receive their salary for an occasional illness that is less than a full day under this sick leave policy. However, the salary of exempt employees who have exhausted their sick leave allowance may be deducted for absences of a full day or more due to illness or disability. Available and unused sick leave may not be used for personal time -off (other than for an absence due to illness, medical appointments or another qualifying reason as specified by applicable law), additional vacation time or in conjunction with other types of days off. If all available sick leave benefits have been used and your Supervisor has approved additional time off, employees may use available vacation benefits for the additional time off. Employees who are absent for three (3) or more consecutive days due to illness or injury may be required to submit a physician's statement to substantiate the absence. Further, the Company may require proof of illness, injury and/or a doctor or dental appointment in connection with any medically related absence of a shorter duration, including any absence taken on a day immediately prior to or immediately after a holiday or weekend, in order to verify the absence under this policy. Use of sick leave will be allowed, however, with or without submission of a physician's statement. In addition, before an employee may return to work, the Company may require a doctor's written verification stating that the employee is capable of resuming his or her job essential job functions. A misrepresentation regarding the need to take sick leave for a purpose other than for a qualifying reason as specified by applicable law may be subject to appropriate disciplinary action. Unused sick leave will carry over to the following year. Unused sick leave benefits have no cash value upon termination of employment for any reason. - 41 - Employee Handbook — Rev. May 1, 2015 There is no pay out of unused sick days upon termination of employment for any reason or at any time during employment. D. Medical, Dental and Vision Insurance For purposes of health benefits, regular full-time employees are those who work at least 30 hours per week and who have completed (1) a 30-day orientation period after the date of hire, and (2) a 30-day waiting period immediately thereafter. Such employees are eligible for medical, dental, and vision insurance as of the first of the month following the 30-day waiting period. The Company pays a percentage of the basic medical insurance premium for employees only. Any modifications or enhanced benefits are paid by the employee, including adding additional family members. The Company does not pay any part of the dental or vision insurance premiums. Employees should consult the Summary Plan Description for more complete information about eligibility and the details of the Company's insurance plans. Copies of the Plan Document and Summary Plan Description are available from Human Resources or your manager. The Plan Documents are controlling. Except in the case of a qualifying event, employees may only modify their insurance coverage during the initial enrollment period and during open enrollment if the pre-tax premium deduction option was elected. Qualifying events include marriage or divorce, creation or dissolution of a domestic partnership, death of a spouse/domestic partner or child, birth or adoption of a child, or termination of a spouse's/domestic partner's employment or other loss of coverage. Ability to make modifications is governed by state and federal law, and by the applicable policy documents. Employees electing the post -tax option for their premium deductions may cancel their coverage at any time. The Company reserves the right to change, amend or discontinue the medical, dental and vision benefits it offers to its employees at any time, including payment of the premium for an eligible employee's coverage. The Company's right to make these changes is not limited by an employee's length of service, or by an employee's reliance on the availability of these benefits in deciding whether to accept, continue or retire from employment with the Company. E. 401 K Plan The Company provides a 401 k Plan as a way for employees to defer their pre-tax dollars and save for retirement. Employees are eligible from date of hire to enroll and make elections for deferrals. Deferrals may be made in a flat amount election or a % of eligible pay. Deferrals will begin on the next quarterly entry date. Quarterly entry dates are January 1st, April 1st, July 1st and October 1 t Employees may rollover funds from other qualified plans and IRA's. Additional information and enrollment instructions are available from the Human Resources Department or your supervisor. - 42 - Employee Handbook — Rev. May 1, 2015 F. Workers' Compensation The Company provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers injuries or illnesses sustained in the course of employment that require medical, surgical or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work -related injuries or illnesses should inform their supervisor or manager immediately, no matter how minor an on-the-job injury may appear. This will enable an eligible employee to qualify for coverage as quickly as possible. Failure to timely report an injury may jeopardize an employee's right to certain benefits. Note that all employees who report a work -related injury or illness are subject to post -injury drug and alcohol testing. Neither the Company nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off -duty recreational, social or athletic activity. The Company will not take any adverse action against an employee for filing a workers' compensation claim. ALL EMPLOYEES SHOULD REMEMBER THAT WORKERS' COMPENSATION FRAUD IS A FELONY IN CALIFORNIA, PUNISHABLE BY IMPRISONMENT IN COUNTY JAIL OR BY FINES OR BOTH IMPRISONMENT AND FINE. THE COURT MAY ORDER RESTITUTION AS WELL, INCLUDING RESTITUTION FOR ANY MEDICAL EVALUATION OR TREATMENT SERVICES OBTAINED OR PROVIDED. COMPANY WILL TAKE ALL ACTION NECESSARY TO PROSECUTE CASES OF WORKERS' COMPENSATION FRAUD. G. Disability Insurance / Paid Family Leave Employees are covered by California State Disability Insurance (SDI) and Paid Family Leave (PFL) pursuant to the California Unemployment Insurance Code. SDI insurance is payable when you cannot work because of illness or injury unrelated to your employment or when you are entitled to temporary workers' compensation at a rate less than the daily disability benefit amount. PFL provides a limited wage replacement when employees are unable to perform their regular customary work due to an absence to care for a sick child, parent, spouse or registered domestic partner, or for the birth, adoption, or foster care placement of a new child of the employee or of the registered domestic partner. There are limitations and eligibility requirements in the law. If you have questions about SDI or PFL, please see Human Resources. If you are eligible for a partial wage replacement by the state under the state's PFL program, the Company may require that you take up to two weeks of earned but unused PTO prior to your initial receipt of these benefits. Please note that PFL does not provide a separate right to a leave of absence. It is merely a state program that provides wage replacement. H. Unemployment Insurance If your employment terminates, you may be eligible to receive unemployment insurance benefits. In most cases, you must file a claim in order to collect this benefit. Should - 43 - Employee Handbook — Rev. May 1, 2015 such a situation arise, you should inquire about unemployment insurance at the time of separation from service. No action will be taken against any employee in any manner for testifying in an unemployment proceeding. I. Social Security All employees are covered by the Social Security law and are subject to taxes under the Federal Insurance Contribution Act (FICA). A deduction is made from your gross earnings in accordance with the law as your contribution to Social Security. The Company contributes an amount equal to your deduction. J. Post -Termination Continuance of Medical Insurance The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides eligible individuals with the option to continue medical insurance coverage under the Company's policy, at their own expense and for a certain period of time, on the termination of employment as well as in other circumstances. For more information, please contact Human Resources. - 44 - Employee Handbook — Rev. May 1, 2015 Section XIV A. General Provisions Leave of Absence The Company may grant a leave of absence in certain circumstances. You should notify your manager in writing at least 30 days in advance or as soon as you become aware you may need a leave of absence. The Company will consider your request in accordance with applicable law and the Company's leave policies. You will be notified whether your leave request is granted or denied. If you are granted leave, you must comply with the terms and conditions of the leave, including keeping in touch with the Company during your leave, and giving prompt notice if there is any change in your return date. You must not accept other employment or apply for unemployment insurance while you are on a leave of absence. You must also not engage in conduct inconsistent with the reasons for taking a leave (e.g., seeking other employment or going on vacation). Acceptance of other employment while on leave will be treated as a voluntary resignation from employment at the Company. You must remain in contact with the Company during your leave to advise of any change of circumstances. Benefits, such as PTO and paid holidays do not accrue while you are on a leave of absence. If you would like to continue your medical, dental or vision insurance coverage during your leave, with the exception of leaves that provide for continuation pursuant to applicable law, you may continue coverage by paying the full amount of the premiums under the provisions of COBRA. Human Resources can give you additional information on this subject. Depending on the type of leave, you will be required to use accrued PTO concurrently with an unpaid leave of absence. Any PTO payments will be coordinated with any payments under California State Disability Insurance, California Paid Family Leave, workers' compensation, or other wage reimbursement benefits for which you may be eligible so that at no time will you be paid more than your regular compensation. Seniority shall not accrue during any leave of absence, and PTO shall not accrue during any leave of absence. The Company may hold in abeyance or proceed with any counseling, performance review, or disciplinary action, including discharge, that was contemplated prior to any employee's request for or receipt of a leave of absence or that has come to the Company's attention during the leave. If any action is held in abeyance during the leave of absence, the Company reserves the right to proceed with the action on the employee's return. Requesting or receiving a leave of absence in no way relieves employees of their obligation while on the job to perform their job responsibilities capably and to the Company's expectations, and to observe all Company policies, rules and procedures. An employee who is ready to return to work from a leave of absence related to a medical illness or condition, work injury, disability, or pregnancy must submit a medical release to the Company verifying his or her fitness or ability to resume work at least 7 calendar days prior to the expected date of return to work. The Company reserves the right to require, at the Company's expense, a fitness for duty examination to ensure the employee is capable of performing the essential functions of his job. Family and Medical Leave - 45 - Employee Handbook — Rev. May 1, 2015 B. Family and Medical Leave The Company has adopted the following policy to implement the terms of the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Eligible employees are entitled to FMLA/CFRA leave on the terms and conditions stated below. 1. Eligibility To be eligible for FMLA/CFRA, an employee must have worked for the Company for at least 12 months and have completed at least 1,250 hours in the 12 calendar months prior to the commencement of the leave. Employees must also work at a location where there are at least 50 employees on -site or within a 75- mile radius. 2. Reasons for Leave Eligible employees may take up to 12 weeks of unpaid family and medical leave within a 12-month period for any of the following reasons: a. The birth of a child and to bond with or provide care for such child. b. The placement of a child with you for adoption or foster care and to bond with or care for the new child. c. To care for a parent, child, spouse or registered domestic partner with a serious health condition. d. For your own serious health condition that renders you unable to perform the functions of your position. e. Eligible employees with a spouse, registered domestic partner, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12- week FMLA leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include activities such as attending military events, arranging for alternative childcare, making financial and legal arrangements, attending counseling sessions, rest and recuperation, and post -deployment briefings. Eligible employees may take up to 26 weeks of FMLA leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. A "serious health condition," as specified above, is an illness, injury impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's - 46 - Employee Handbook — Rev. May 1, 2015 job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider or one visit to a health care provider and a continuing regiment of care; an incapacity caused by pregnancy or prenatal visits, a chronic condition, or permanent or long-term conditions; or absences due to multiple treatments. Other situations may meet the definition of continuing treatment. Leave for either of the first two reasons listed above must be completed within the 12-month period beginning on the date of birth or placement. In addition, in cases where the Company employs both parents, they may take a maximum combined total of 12 weeks' leave during any 12-month period for the first two reasons. 3. Calculating the 12-Month Period The Company uses a rolling method to calculate the 12-month period during which eligible employees may take up to 12 weeks of family and medical leave. 4. Pregnancy, Childbirth and Related Conditions While pregnancy and prenatal care are included in the definition of "serious health condition" under the FMLA, they are not covered under the leave provisions of the CFRA. If you take leave for pregnancy disability (up to four months, as certified by your healthcare provider) and are also eligible for family and medical leave, your FMLA-protected leave will run concurrently with your pregnancy disability leave (see Pregnancy Disability Leave policy below). Once you are no longer disabled by pregnancy/childbirth, you may apply for up to 12 weeks of leave under the CFRA to bond with your newborn. 5. Notice of Leave If your need for FMLA leave is foreseeable, you must give the Company at least 30 days' prior written notice. If this is not possible, you must give notice as soon as practicable and you must comply with the Company's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. Failure to provide such notice may be grounds for delay of leave. Additionally, if you are planning a medical treatment, you must consult with your supervisor or manager regarding the dates of such treatment in order to minimize disruption to the Company's operations. If your need for leave is not foreseeable, you must notify the Company as soon as practicable under the facts and circumstances of your situation. When providing notice, you must include sufficient information for the Company to determine if the leave qualifies for FMLA/CFRA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform essential job functions, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. - 47 - Employee Handbook — Rev. May 1, 2015 6. Certification The Company requires requests for FMLA/CFRA be supported by a medical or other certification. When you request leave, the Company will notify you of the requirement for certification and when it is due. If you are unable to obtain the certification due to reasons beyond your control, notify the Company as soon as possible. Failure to provide requested certification in a timely manner may result in delay of leave until required documentation is provided. A request for leave because of your own serious health condition or to care for a family member with a serious health condition must be supported by a medical certification from a healthcare provider. The medical certification must include the following information: a. The name, address, telephone number and fax number of the healthcare provider and type of medical practice/specialization; b. The approximate date on which the serious health condition commenced, and its probable duration; c. The healthcare provider's statement documenting the need for leave; d. If you are the patient, a statement from the healthcare provider establishing that you are unable to work at all or perform any one or more of the essential functions of your position due to the serious health condition; e. If the patient is a covered family member with a serious health condition, confirmation that the family member is in need of care. The Company, at its expense, may require an examination by a second healthcare provider designated by the Company if it has a question about the validity of the medical certification initially provided. If the second healthcare provider's opinion conflicts with the original certification, the Company, at its expense, may require a third, mutually agreed on, healthcare provider to conduct an examination and provide a final and binding opinion. The Company may require updated medical recertification for additional leave, even if taken for the same medical condition. Failure to timely provide the requested certification, except where it is not practical under the circumstances, may result in delay of further leave until the certification is provided. 7. Medical and Other Benefits During an approved FMLA/CFRA, the Company will maintain your health benefits as if you continued to be actively employed. If paid leave is substituted for unpaid family and medical leave, the Company will deduct your portion of the health plan premium as a regular payroll deduction. If your leave is unpaid, you must pay your portion of the premium. If you miss a premium payment, your healthcare coverage will cease at the end of the month in which your last full premium payment was paid. - 48 - Employee Handbook — Rev. May 1, 2015 Employees are required to use any accrued, unused PTO or Sick Leave benefits during any leave of absence under the FMLA/CFRA, with the exception of leaves qualifying as a pregnancy disability leave, or where the employee is receiving wage replacement benefits due to a work related injury or through a disability benefits plan. In those circumstances, employees may choose to use PTO or Sick Leave benefits, but in no instance shall the sum of wage replacement and PTO/sick leave benefits exceed 100% of the employee's regular full-time wages. 8. Intermittent and Reduced -Schedule Leave Leave because of a serious health condition or military caregiver leave may be taken intermittently or on a reduced -leave schedule if medically necessary and if proper certification is obtained. Qualifying exigency leave may also be taken intermittently or on a reduced -leave schedule. Leave for bonding or the care of a new child must be taken in blocks of at least two weeks, but an employee is allowed to take leave of less than two weeks twice during the one year eligibility period following birth. The leave can be taken in one lump sum. A schedule must be discussed with your supervisor. 9. Reinstatement Employees returning from FMLA/CFRA leave will be restored to the original or an equivalent position. However, you will not be entitled to any greater right to reinstatement than if you had been employed continuously rather than on leave. For example, if you would have been laid off if you had not gone on leave, then you will not be entitled to reinstatement. Similarly, if your position has been filled in order to avoid undermining the Company's ability to operate safely and efficiently while you were on leave, and there is no equivalent position available, then reinstatement may be denied. As a condition of restoring the employee whose leave was occasioned by the employee's own serious health condition that made the employee unable to perform the employee's job, the Company requires the employee to obtain and present certification from the employee's health care provider that the employee is able to resume work. C. Pregnancy Disability Leave The Company will grant an unpaid pregnancy disability leave if you are disabled because of your pregnancy, childbirth, or a related medical condition. If you are disabled due to pregnancy, childbirth, or a related medical condition, you may take up to a maximum of four (4) months (17 1/3 workweeks for a full-time employee) leave. As an alternative, the Company may transfer you to a less strenuous or hazardous position if you so request, with the advice of your physician, and if the transfer can be reasonably accommodated. If a reasonable accommodation cannot be agreed upon, the Company will request that you become temporarily disabled and your leave status will begin. If an employee requests additional leave after the expiration of the 4 month pregnancy disability leave, the Company will engage in an interactive process with the employee to determine whether the request can be accommodated. Pregnancy disability leave may be taken intermittently or on a reduced work schedule when medically advisable as determined by the employee's physician. - 49 - Employee Handbook — Rev. May 1, 2015 If possible, you must provide at least thirty (30) days advance notice for foreseeable events (such as the expected birth of a child or a planned medical treatment for yourself or of a family member). For events which are unforeseeable, you must notify Human Resources at least verbally, as soon as you learn of the need for the leave. Failure to comply with these notice rules is grounds for, and may result in, deferral of the requested leave until you comply with this notice policy. In addition, you must provide the Company with a health care provider's statement certifying the last day you can work and the expected duration of your leave. Pregnancy disability leaves are without pay. However, you may also utilize accrued PTO or sick leave during the leave. All of those payments will be integrated with any state disability or other wage reimbursement benefits that you may receive. At no time will you receive more than your regular compensation. The Company will continue to maintain and pay for the employee's group health insurance under the same terms and conditions as if the employee has remained actively employed during the duration of her pregnancy disability leave. The employee is required to continue to pay her portion of the required monthly insurance premiums, if any, during the leave. You should contact Human Resources for further information. On the submission of a medical certification from a health care provider that you are able to return to work, you will, in most circumstances, be offered the same position held at the time of the leave or an equivalent position. Employees failing to return on the assigned date may be considered to have voluntarily resigned. However, in the event the Company has to layoff employees due to economic or other business reasons, a pregnant employee will have no greater right to reinstatement than any other Company employee. If the original position is not available due to legitimate business reasons, the employee will be offered any comparable positions for which they are qualified that become available within 60 (sixty) days of their request to return. If no comparable positions become available, the employee will be permanently laid off. If, on return from a pregnancy disability leave you are unable to perform the essential functions of the job because of a physical or mental disability, the Company will attempt to accommodate you. As a condition of this leave, you must not engage in any conduct inconsistent with the reasons you were granted leave in the first place. You must also maintain periodic contact with the Company to advise as to any change in status. D. Military Leave (Active And Reserve Service) Leave without pay is provided to employees who enter military service. This includes the Army, Navy, Air Force, Marine Corps, Coast Guard (and the Reserves for each of those branches), Army National Guard, Air National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency. Employees returning from military leave are afforded reemployment rights and retain full seniority benefits for all prior service on reemployment in accordance with the Uniformed Services Employment and Reem- ployment Rights Act (USERRA) and the California Military and Veterans Code. Employees should submit military service orders to the Company for review prior to commencement of the leave. If the uniformed service is for 30 or fewer days, health benefits will continue in the same manner as prior to leave. For service beyond 30 days, - 50 - Employee Handbook — Rev. May 1, 2015 the law provides COBRA -like continuation benefits. See Human Resources for more information on military leave of absence. E. Leave for Spouse/Registered Domestic Partners of Those in the Military Employees who work an average of 20 or more hours per week and who are spouses or registered domestic partners of those in the Armed Forces, National Guard or Reserves are entitled to take up to ten (10) days of unpaid leave when the spouse or registered domestic partner is on leave from deployment during a period of military conflict. The term "period of military conflict" means either of the following: 1. A period of war declared by the Congress; or 2. A period of deployment for which a member of a reserve component is ordered to active duty as that term is defined by law. To be qualified for leave, employees must provide notice to the Company within two (2) business days of receiving official notice that the spouse or registered domestic partner will be on leave from deployment. Employees must also submit written documentation certifying the leave. F. Bereavement Time Off Full-time employees who have completed ninety (90) days of continuous employment are eligible for two (2) days of paid bereavement leave following the death of the employee's current spouse, current registered domestic partner, parent, grandparent, child, grandchild or sibling. Each day of pay shall be equivalent to pay for the hours the employee was regularly scheduled to have worked. No pay will be provided for days the employee was not regularly scheduled to work. Employees should notify their supervisor or manager of the need for the leave immediately. Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. Employees may, with the Company's approval, use any available PTO for additional time off as necessary. The Company reserves the right to request documentation supporting a request for bereavement leave. Employees in the orientation period are ineligible for paid bereavement leave. G. Civic Duty Time Off The Company encourages employees to serve on jury or witness duty when called. Employees must notify their supervisor of the need for time off for jury or witness duty as soon as a notice or summons from the court or a subpoena is received. If you are summoned for jury duty service, the Company will pay you the difference between your jury duty pay and the wages for hours you were scheduled to work, up to five (5) regularly scheduled workdays per year. Any additional time is without pay. However, employees must use any accrued, unused PTO. - 51 - Employee Handbook — Rev. May 1, 2015 Verification from the court clerk of having served may be required, and employees will be expected to report or return to work for the remainder of their work schedule on any day they are dismissed from jury or witness duty. H. Leave for Victims of Domestic Violence, Stalking and Sexual Assault The Company understands that if an employee is the unfortunate victim of domestic violence, stalking, or sexual assault, the employee may need to take time from work to appear in court in an effort to obtain relief from such violence. It also understands that you may need to take time off to obtain medical attention, to obtain services from a shelter, program, or rape crisis center, to obtain psychological counseling, or to participate in safety planning as a result of domestic violence, stalking or sexual assault. If you need time off to obtain relief from domestic violence, stalking, or sexual assault, you must give your supervisor or manager reasonable notice that you need time off for this purpose. If you need time off immediately or for an emergency, advance notice is not required, but you may be required to provide documentation or certification of the purpose of your absence within a reasonable time after your time off. Time off is unpaid. However, employees must use any accrued, unused PTO, and may use sick leave. On the days off from work to obtain relief from domestic violence or sexual assault, the employee will be expected to return to work for the remainder of their work schedule if time permits. 1. Victims of Crime An employee may be absent from work to attend judicial proceedings related to crime, if (i) the employee is a victim of a crime; (ii) the employee's immediate family member is a victim of a crime; (iii) the employee's registered domestic partner is a victim of a crime; or (iv) the child of the employee's registered domestic partner is a victim of a crime. The employee must give a copy of the notice for each scheduled proceeding that is provided to the victim by the agency responsible for giving notice. When advance notice is not feasible, or an unscheduled absence occurs, the employee must provide the documentation within a reasonable time after the absence. Time off is without pay. However, employees must use any accrued, unused PTO. After the appearance, the employee will be expected to return to work for the remainder of their work schedule, if time permits. J. Voting Time Because the Company has a continuing interest in encouraging responsible citizenship, employees are urged to vote for candidates of their choice at local, state and national elections either before or after an employee's regular shift. In extreme cases, employees who do not have sufficient time outside their working hours within which to vote will be allowed to take up to two (2) hours of working time with pay for this purpose. This time must be used at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from working, unless otherwise mutually agreed upon. - 52 - Employee Handbook — Rev. May 1, 2015 To receive time off for voting, you must advise your supervisor you will need time off at least two (2) working days before election day, receive approval, and present a voter's receipt on your return. K. Time Off to Attend School Activities If you are a parent, guardian, or grandparent with custody of a child in kindergarten, grades 1-12, or a licensed day care facility and you wish to take time off to visit your child's school for a school activity, you may take off up to eight (8) hours per calendar month (up to a maximum of 40 hours per calendar year), per child, provided you give reasonable notice to your supervisor of your planned absence. The Company requires documentation from the school or licensed day care facility noting the date and time of your visit. If both parents of a child work for the Company, only one parent --the first to provide notice --may take the time off, unless the Company approves both parents taking time off simultaneously. You may also be granted time off to attend a school conference. Time off to attend school activities or a school conference is unpaid, however, employees must use any accrued PTO. Please contact your supervisor if time off may be needed for this reason. L. Personal Leave of Absence Under certain circumstances, employees may be granted a personal leave of absence. Any accrued PTO must be used during this leave. The remainder of the leave will be without pay. Requests for personal leave must be submitted to your supervisor in writing. The Company will only grant personal leave for compelling reasons and will take into account factors such as business needs and length of service. Personal leave will not, under any circumstances, be granted for the purpose of obtaining or performing work for another employer. Personal leave is granted at the sole discretion of the Company. Personal leave shall not exceed one (1) month (30 calendar days) and may only be requested once a calendar year. PTO will run concurrently with the leave and count towards the 30 calendar day allotment. No benefits will accrue during personal leave. Health benefits ordinarily provided by the Company will continue through the end of the month in which the 30t" day of absence occurs. Employees should contact the Human Resources Department prior to their leave to arrange for payment of continuing health benefits. The Company will make reasonable efforts to return employees to the same or similar position held prior to the personal leave, subject to staffing and business requirements. M. Organ Transplant and Bone Marrow Policy The Company shall grant a paid leave up to thirty (30) business days to an employee who is an organ donor in any one year period for the purpose of donating his/her organ to another person. The one year period is measured from the date the leave begins and shall consist of 12 consecutive months. - 53 - Employee Handbook — Rev. May 1, 2015 The Company shall grant a paid leave of up to five (5) business days to an employee who is a bone marrow donor in any one year period. The one year period is measured from the date the employee's leave begins and shall consist of 12 consecutive months. In order to receive a leave the employee shall provide written verification to the Company that he/she is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. This leave is not a break in service. The Company will maintain health coverage for the duration of the leave in the same manner the coverage would have been maintained if the employee had been actively at work during the leave period. The Company requires that if PTO is available that an employee take up to five days of earned unused PTO for bone marrow and up to two weeks of earned unused PTO for organ donation. Time not covered by PTO will be paid by the Company. FMLA/CFRA will not run concurrently with this leave. The leave may be taken in one or more periods, but in no event shall exceed the amount of leave required by law. Upon expiration of an authorized leave, the Company will restore a donor to the position held by him/her when the leave began or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. The Company may decline to restore an employee as required because of conditions unrelated to the rights under this leave. The Company shall not interfere with, restrain, or deny the exercise or attempt to exercise a right established by this leave. The Company shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who exercises a right provided under this leave and/or opposes a practice made unlawful by this leave. - 54 - Employee Handbook — Rev. May 1, 2015 Section XV Separation From Employment A. Resignation If you decide to end your employment with the Company, the Company asks that you give at least two (2) weeks written notice, if possible. Employees occupying supervisor and management positions are requested to give at least four (4) weeks written notice. This will give the Company the opportunity to make the necessary adjustments in its operations. Employees who do not provide the requested notice will be considered ineligible for rehire. Please return all property owned by the Company prior to your departure. Resigning employees will be asked to participate in an exit interview, during which the Company may solicit the employee for information on various subjects related to their employment and general employment conditions. Employees who voluntarily resign and give at least 72 hours of notice will be given their final paycheck on their last day of employment. If an employee resigns without notice, the Company will have the employee's final pay ready for the departing employee within 72 hours of the time that the employee first notified the Company of his or her resignation. The check will include any accrued unused PTO. The Company reserves the right to advance the employee's separation date, and may pay the employee through the two -week notice period. This does not alter the nature of the voluntary resignation. B. Involuntary Terminations While the decision to commence employment is consensual, the same is not always true when the time comes to terminate the employment relationship. As an at -will employer, the Company reserves the right to end the employment relationship at any time, with or without cause or notice. In the event your employment is terminated, you will be required to participate in an exit interview and you must return all Company property prior to your departure. Employees will be given their final paycheck, including all earned and unpaid wages and PTO, on their last day of employment. C. Reductions in Force While the Company hopes to continue growing and providing employment opportunities, business conditions, client demand, and other factors are unpredictable. Changes or downturns in any of these or other areas could create a need to restructure or reduce the number of people employed. In light of these uncertainties, please be advised that it may become necessary to conduct layoffs at some point in the future. In the event the Company determines to lay off any employee or a number of employees, the Company retains full discretion to select which employee(s) will be laid off. While the Company retains full discretion, some of the relevant factors might include the Company's operational requirements and the skill, productivity, ability, and past performance of those involved, without regard to tenure. - 55 - Employee Handbook — Rev. May 1, 2015 D. Exit Interview In the case of both voluntary and involuntary terminations, you will be asked to participate in an exit interview, during which the Company may solicit the employee for information on various subjects related to their employment and general employment conditions within the Company. E. Severance Compensation The Company does not have a severance pay plan or policy. F. References All reference requests should be directed to Human Resources. No other employee is authorized to release references for a current or former employee. In response to reference check inquiries, the Company will disclose only dates of employment and the title of the last position held. If an employee authorizes in writing, the Company will provide a prospective employer with information as to the last level of compensation. No further information will be provided. - 56 - Employee Handbook — Rev. May 1, 2015 Receipt And Acknowledgment This is to acknowledge I received a copy of Southland Transit, Inc.'s ("STI" or "the Company") Employee Handbook and understand it sets forth the terms and conditions of my employment as well as the duties, responsibilities, and obligations of employment with the Company. I understand and agree it is my responsibility to read the Employee Handbook and abide by the rules, policies, and standards set forth in the Employee Handbook. I understand and agree that I should consult Human Resources and/or my supervisor/project manager regarding any questions not answered in the Employee Handbook or if I am uncertain or unclear about anything relating to my employment. I understand I must comply with the policies and procedures contained in the Employee Handbook and any revisions made to it, and that if I fail to comply, I may be subject to disciplinary action, up to and including termination. I have entered into my employment relationship with the Company voluntarily and acknowledge there is no promise of long-term employment and no specified length of employment. 1 also acknowledge that my employment with the Company is not for a specified period of time and can be terminated at any time for any reason, with or without cause or notice, by me or by the Company. I acknowledge that no oral or written statements or representations regarding my employment can alter the foregoing. I further acknowledge that no supervisor or employee has the authority to enter into an employment agreement --express or implied --providing for employment other than at will. I acknowledge that, except for the policy of at -will employment, the Company reserves the right to revise, delete, and add to the provisions of this Employee Handbook. All such revisions, deletions, or additions must be in writing and must be signed by management. No oral statements or representations can change the provisions of this Employee Handbook. I also acknowledge that, except for the policy of at -will employment, terms and conditions of employment with the Company may be modified at the sole discretion of the Company, with or without cause or notice at any time. No implied contract concerning any employment -related decision, term of employment, or condition of employment can be established by any other statement, conduct, policy, or practice. I understand the foregoing agreement concerning my at -will employment status and the Company's right to determine and modify the terms and conditions of employment is the sole and entire agreement between me and the Company concerning the duration of my employment, the circumstances under which my employment may be terminated, and the circumstances under which the terms and conditions of my employment may change. I further understand this agreement supersedes all prior agreements, understandings, and representations concerning my employment with the Company. I acknowledge that the Company's property and technical resources, as discussed in the Employee Handbook, belong to the Company and the Company therefore has the right to monitor, inspect and search all property and technical resources at any time. I hereby consent to the Company's monitoring, inspection and search and I further acknowledge that I have no expectation of privacy in connection with my use of the Company's property or technical resources. My signature below certifies I understand this acknowledgement, my at -will status and the Company's right to monitor. Employee Signature Date Employee Name [Printed] EMPLOYEE COPY 5 % - Employee Handbook — Rev. May 1, 2015 NOTE Additional requirements and/or disciplinary actions established under STI authority are entered in bold-faced type. Requirements of the Drug -Free Workplace Act (not covered �under Part 655) are in Italics. Setting the Standard for Community Transit in Southern California 3650 Rockwell Avenue, El Monte, California 91731 626.258.1310 - Fax 626.258.1329 11 P a g e v Southland Transit, Inc. Revised October 2019 IIIIINTINI I I I I'm I 1 11111!1 transportation services to our customers. affiliate's �use of illegal drugs and misuse of alcohol poses a significant risk to public safety, as well as the employee's and affiliate's health and well-being, and can cause loss of efficiency, productivity, or a disruptive work environment. In view of this, STI has adopted this policy that is designed to: 1.1 create a work environment free from the adverse effects of drug abuse and alcohol misuse, 1.2 deter and detect employees' and affiliatesuse of illegal drugs and misuseof alcohol; 1.3 prohibit the Unlawful Manufacture, distribution, dispensation, possession, or Use of controlled substances, and 1.4 encourage employees and afflllates to seek professional assistance anytime personal problems, including drug or alcohol dependency, adversely 0ect their ability to safely perform their assigned dutle& nommal=a IIII IIIIII 11111q�li III III I 11��I li� I I I Unless otherwise noted in specific provisions, this policy applies to all STI employees, including leased, part-time, or contract personnel. It applies to off -site lunch periods or breaks when an employee is scheduled to return to work or is oh -call. 2 1 P a g e If �any conflict occurs between State and local laws and any requirement of the above mentione" Federal regulations, the Federal regulations prevail. However, Federal regulations do not pr empt provisions of State criminal laws that impose sanctions for reckless conduct attributed t prohibited drug use or alcohol misuse, whether the provisions apply specifically to transportatio employees, employers, or the public in general. 6A&qftltertaqtkq���: A specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance Damage, which can be remedied temporarily at the scene of the accident without special as or parts. Tire disablement without other damage even if no spare tire is available. Headiamp or taillight damage. Damage to turn Signals, horn, or windshield wipers, which may make them inoperative. PLUgs- The drugs 'for which tests are required under DOT and FTA regulations. They are Marijuana, cocaine, amphetamines, phencyclidine (PCP) and opioids. N6614&datiV6 Skom6h, A urine specimen that is reported as adulterated, substituted, positive for drug(s) or drug metabolite(s), and/or invalid. ILIK01 a I In I I go Lola# I it 0 1 �I �� �! I I I I I I 11 � 11 � � 111 �� � I � 111111 '111 to - "07MMW 0 ------ ------ --- -------- collection process-, fail to wash hands after being directed to i• so • the collector.) • an observed collection , failure to follow the observer's instruction to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if individual is wearing any type of prosthetic device that could be • to interfere with the collection process. 0 Possession • Wearing • a prosthetic or other •- tha could •- u -• • in e the collection process. a If the MRO reports a verified adulterated or substituted test result. 0 Admitting adulteration or substitution of the specimen to the collector or the MRO. 0 • the scene • the accident Without just cause prior to submitting to a drug and alcohol test when required. 0 In alcohol testing, refusal to • Step 2 ♦ the Alcohol Testing Form (ATF)� • A REFUSAL TO TEST CARRIES THE SAME CONSEQUENCES AS A POSITIVE TEST RESULT. S&60hiho Tbsrt Technidiah laTT)- A person who instructs and assists employees in the alcohol testing proceand operates an alcohol screening •'.- such as a breath or saliva device, other than an EST. SbOdimen ValiditV Tbstihd_A test used to determine if a urine specimen is adulterated, diluted, substituted, or invalid. Split specimem In drug testing , a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second DHHS-certified laboratory for testing upon employee request following a verified positive or a verified adulterated or substituted test result • the • specimen, Substance Abuse P[ofessional (SAP): A person who evaluates employees who have violated P DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. psychologist, social worker, employee assistance professional, state -licensed .•i^ and family therapist, or drug and alcohol counselor certified by an organization listed at knowledge •" and clinical experience in the diagnosis and treatment of alcohol and drug related disorders, knowledge about the SAP function as It relates to employer interests in safety -sensitive duties, and knowledge of the D agency regulations applicable to the employers for whom evaluations of employees are completed, and the DOT SAP Guidelines and who keeps current on any changes to these materials I Sqbsfij�Aqd spqgjLrLefl: A specimen With creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine. tl, � ♦ � 1. � :• 1 The education • ongoing - • •ri of policy will include display of posters, distribution t• all employees of - drug and alcohol policy and other informational a periodic e eseminars, • -• a •'• • - -• _ `••- a ' a •• Supervisors who may make reasonable suspicion referrals shall receive a minimum of 60 Minutes of training on the physical, behavioral, and performance indicators of probable drug •' at -. 61 minutes of • On physical, behavioral,• - r performance o indicators of probable alcohol misuse. Any questions about this policy or any aspect of the company's drug -and alcohol- free program should be referred to: Norma Mota ( AP ) 3650 Rockwell Ave El Monte, CA 91731 Phone # 626-258-3384 normamQaouthIan0trgnsit.com ! • • a- ION! II I- • • • _ _ - • a- defined by - - - employees include those ' • perform,or be called upon to perform,the following safety -sensitive functions. 8.1 Operating a revenue tenfice vehicle, even when it Is not in revenue service, 8.2 Operating a non -revenue service vehicle when required to be operated by a Commercial Driver's - (CDQ holder, &3 Controlling dispatch or movement of a revenue service vehicle-, 8A Maintaining (including re airs, overhaul and rebuilding) a revenue service vehicle or equipment a in revenue service. Supervisors are considered safety -sensitive only if they perform, or may be called upon to perform, of above safety-sensitivefunctions. 6 1 P a g e The company has analyzed actual job duties performed, or may be called upon to perform, by all of its employees and has determined that the following job classifications are considered safety -sensitive for the purposes of this policy. • Drivers • Dispatchers * Mechanics • Amphetamines • Metharriphetarnihe • MDMA (Ecstasy) • MDA • PCP Wlt gifig=&J gZag"M 7 1 P a g e t-•- s" a • i •o t 6 a • •` e Y -+ •' ! r e �• r i a r - it i a+ i 0Alcohol ♦ i • —• — • i • ♦Ilki 1ae 9 1Paga STI will conduct random drug and alcohol tests at a minimum annual percentage of covered employees and independent contractors as required by the FTA. The rates are subject to change on an annual basis, depending on the industry -wide positive rate determined by the FTA from the annual reports submitted by covered employers. I MA qLPL9,JUkf-nLf1U1Mt�-±J 919J IF] 101 L;M L91 0 IEA'A I I LJ I I RM ff; I I M All DOT drug and alcohol tests required under this policy will be administered in accordance w ith the "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" (49 I CFR Part 40), as amended. Throughout the testing process, the privacy of the Jndividual will be protected and the integrity and validity of the process will be maintained. The drug testing procedure will include a split specimen collection method, and a Federal Custody and Control Form with a unique identification number to ensure that the correct test result is attributed to the correct employee or independent contractor. An initial screening test using an immunoassay technique will be performed. If the specimen Is positive for one or more of the drugs tested, then a confirmation test will be performed in accordance with Part 40 procedures, as amended. If the test is confirmed positive, the MRO will conduct a verification process, which includes giving the employee or independent contractor an opportunity to provide a Valid medical explanation for the positive test result. Additionally, the laboratory will conduct specimen validity testing to •_ if a urin,_ specimen has •'- adulterated, diluted, • substituted. STI -• its employees and independent contractors to take a second test with no advance notice if the MRO reports a negative -dilute test result. Depending on the creatinine level reported by the lab, the MRO may Tests for alcohol concentration will be conducted Using an alcohol screeninq device and an I evii dential breath testing device if the screen test is at 0.02 BAC or greater. A DOT Alcohol Testing Form Will be used and a unique sequential number will be assigned to each test. Copies of the detailed drug and alcohol specimen collection procedures are available upon request from the Contact Person Identified in Section 7.0 of this policy 12 1 P a g e -detecte i the primary specimen or the if the second laboratory falls to reconfirm the substance d in adulterant identified, or if the split specimen is unavailable for testing, the test shall be cancelled. The MRO shall report the cancellation and the reasons for it to the DOT, STI, the employee, or the independent contractor. In the case of the split specimen being unavailable, the employee or the independent contractor shall be directed, with no advance notice, to submit another specimen under direct observation. Any safety -sensitive employee or independent contractor who has a verified positive drug test result, an alcohol concentration of 0.02 or above, or refuses to submit to a drug or alcohol test (including adulteration or substitution) shall be: 1 Immediately taken out of safety-senSitive duty; 1 "Referred to at least 2 SAPs or a substance abuse counselor for (alcohol result below .04) for evaluation, education or treatment and provided � educational materials.', At STI's discretion, non -safety -sensitive employees also may be removed from duty and referred to a substance abuse counselor. 13 1 Page employers and TPRs to disclose to state commercial driver licensing (CDL) authorities the drug i alcohol violationsof employees who hold ! and operate commercial motor when a State law requires - •, • r. a -i i s • Approved y: Jasi eS-now Vice President/COO 15 1Pa g e Southland transit Inc. SAFETY AND TRAINING PROGRAM POLICY AND PROCEDURE REVISED Redacted due to Proprietary or Confidential Information (FIEF Pgs. 1 2-214) F-I 1�1 rei S T 1R,, Southland Transit Inc. 0 1 0�1 L� i i L� 6m II II ■ � ' i �i � � � � II � Southland Transit Inc. m INN mi 4;SNTIM Southland Transit Inc. !71 tgESTIRM Southland Transit Inc. H 1-1 CUSTOMER SERVICE ZoExa0le-D Transit Division Southland Transit Inc This handbook supersedes all other Customer Service Handbooks only January 2011 FORM 300-002 1 A. General Rules At times, situations not covered by these rules, the Employee handbook, Code of Safe Practices, and the Injury and Illness Plan may arise. Reservation Agents and Dispatcher (CSR's) must exercise good judgment when encountering these situations. All such situations must be reported to a dispatch or a supervisor. 1. Knowledge of Rules and Procedures A CSR must become familiar with all rules and regulations. Ignorance of rules, procedures, special orders and/or instruction will not excuse negligence or omission of duty. When necessary, CSR's must seek guidance from the lead dispatch or supervisory personnel regarding clarification of any procedure or special instruction. 2. Special Orders and Instruction Special orders and instructions supersede all above mentioned rules and regulations contained herein and are to be obeyed while in effect. Special orders and instruction may be issued in the form of, • Bulletins • Notices • Memos • Schedule letters 3. Compliance with instructions Operators must accept responsibility for and carry out the oral or written instruction of any authorized STI representative. Authorized STI representatives may include; • Dispatch • Road Supervisor • Safety and Training manager • Project or General Manager • President, Vice President, and/or Director 4. Bulletin Boards Mailboxes Operators must consult the bulletin boards and check their mailbox, if provided, before and after each day's assignment. Upon return from any absence from duty, an Operator must consult the bulletin board for updates and changes. The addition of, defacement of, or unauthorized removal of, any material posted by STI is considered gross misconduct, and is grounds for disciplinary action. N 5. Laws and regulations At no time may a CSR instruct an Operator to maneuver their vehicle in a way that is against the law. This includes, but not limited to speeding, a -turns, and over capacity. 6. Cooperation with Law Enforcement & Fire Department Agencies CSR's must cooperate with law enforcement and fire department agencies. If such cooperation creates a dangerous situation or departure from an established STI procedure, notify the appropriate supervisor. The CSR must submit a report regarding the incident at the end of their work assignment. B. POLICY All staff, i.e. CSR's, Dispatcher, must answer the telephone in a standard, professional manner, ensuring consistent, polite, and quality service. 1. CSR's are required to follow standard telephone answering procedures when answering the phone. 2. Must allow adequate time for each individual calling and not rush through the call. 3. CSR's must be ready to answer the call. The CSR may not answer the call and immediately put the caller on hold. 4. The initial call is to be answered with "Good [morning/afternoon, as appropriate]; "(name of Service), how may I help you?" 5. If caller asks for a specific CSR, try to handle the inquiry directly and not transfer the caller. 6. If the caller asks to speak to a manager or someone higher up, refer the caller to an available supervisor. 7. Placing a caller on hold: If a caller must be put on hold, tell the caller that they are being placed on hold and why. Remember to ask the callers' permission and to wait for an answer. 8. Taking a transferred call: When accepting a transferred call, provide a short introduction such as, "This is [your name], how may I help you?" 9. Each contract has their own reporting procedure. Each CSR must obtain the information in the form of an addendum. B. SAFETY 1. Reporting for Duty When reporting for duty, CSR's must be in proper uniform and fully equipped to work at the time and place determined by their assignment or as instructed by supervisory personnel. 2. Supplies CSR's must obtain all the supplies required to perform their assignment and must secure them properly. 3. Service Delays When an Operator contacts Dispatch because of a service delay, the call must be logged in the Call Center Book. Every attempt must be made to help the Operator to make up their time. If the time can not be made up, contact a supervisor immediately. The time notified of the delay and time notified that they are back in service must be documented in the Book. 4. Running Time Speed must be governed so that Operators arrive at time points safely and on schedule. 5. Litter All litter must be disposed of properly in trash receptacles. 6. Unattended Buses Dispatch must document or acknowledge when an Operator calls stating that they or leaving their vehicle and when they return. 7. Freeway. o�mgency If a vehicle becomes disabled on a freeway or in a city, the Dispatcher must notify maintenance and a supervisor immediately. In some cases notifying the CHP may be appropriate. 8. Operating While Ill or Fatigued If an Operator calls stating that they are ill, every attempt must be made to find a replacement Operator and a supervisor must be notified. 9. Animals on Board the Bus Each contract that STI operates has different rules regarding transporting animals. Check with your General/Project Manager for rules governing transporting of animals. Service animals are allowed with no exception. If other animals are permitted to be transported, they must be transported in a suitable carrier. 10. Reporting Accidents or Incidents If an operator is involvement in any accident or incident, whether actual or alleged, it must be reported to a supervisor immediately. An accident/incident report must be completed at the end of the shift. El 11. Request for Assistance Any request for emergency assistance must be made through dispatch. An Operator may personally request the assistance of a law enforcement officer located at the scene; however, notify dispatch immediately after. 12. Striking a Fixed Object or Unattended Vehicle If a STI vehicle strikes a fixed object or an unattended vehicle, a reasonable effort must be made to locate the property owner or driver of the vehicle. If unable to locate have the Operator leave a note providing their name, vehicle number, and their facility address. An accident/incident report must be completed at the end of the shift. 13. Witness Reports Operators who witness an accident must report the incident to dispatch and submit an incident report upon completion of their assignment. 14. Disabled Bus Outside of An Operator notifies dispatch of a disabled vehicle, Dispatch mist immediately contact maintenance and a supervisor. If mechanical assistance or a supervisor does not arrive within 30 minutes, call the Operator again and continue to do so at 30 minute intervals until assistance arrives for an update. If a mechanic arrives and repairs or replaces the vehicle prior to the arrival of a supervisor, note it on the Daily Rollout Sheet. C. APPEARANCE 1. General Statement STI's public image is largely influenced by the appearance of its employees. CSR's must maintain a neat, clean, and professional appearance at all times. 2. Reporting for Duty When reporting for duty, an operator must appear neat, clean, and orderly and dressed in a complete uniform. 3. Dress Code All CSR's must follow the company dress code and any contractual code. 1. Customer Relations Keeping in mind all the rules and procedures, CSR's are to provide at a minimum, continual service. Continual service is: • Operating safely while striving for reliable service. • Greeting customers/acknowledging their patronage. • Fair/consistent treatment of all customers. Being prepared to assist customers with special needs. Answering questions/providing informational material. Maintaining a clean and safe bus. 2. Deviating from Procedures CSR's may encounter situations that require deviating from prescribed procedures. When these situations arise, operators are to consider their safety and that of their customers and the equipment. CSR's will use their best judgment to decide what procedure best serves the customer but never violating or compromising basic rules and safety practices. Contact dispatch if a situation requires it. 3. Fair and Consistent treatment of Customers Operators are required to treat all customers in a consistent, courteous, respectful, and professional manner at all times. 4. Greeting Customers Operators are required to greet all customers. 5. Reliable Service CSR's should strive for delivering reliable courteous, service. E. COMMUNICATION 1. General Statement This section contains specific rules governing safe and efficient communication. Operators must use good judgment when dealing with situations that may require the use of the radio. Situations arising not covered in this section should be reported to dispatch. 2. Radio Conduct Vehicle equipped two-way radio system falls under the direction of and regulated by the Federal Communications Commission (FCC). Operational conduct prohibited by federal law includes: • Use of obscene or profane language. • Unauthorized use of messages. • Excessive, false, or deceptive signals or communications. • Unauthorized calls sign. • Tampering CSR's bear the responsibility to project a positive image by transmitting clear concise messages via radio. Unnecessary comments, slang terms, and profanity are prohibited. 6 3. Radio restriction CSR's must never: • Request that Operators give customers information over the handset or radio speaker. • Allow the use of the radio system by unauthorized persons. • Disclose the radio's characteristics or emergency features to customers or other unauthorized persons 4. Telephone Communications When an CSR is unable to contact an Operator via radio, he/she should document the incident and never contact the via cellular phone unless it is an emergency. Contact your General/Project Manager. 5. Cellular Phone Use CSR's are forbidden to use a cell phone while on duty in the Call Center. This also includes the use of Hands -free devices. A CSR must never contact an Operator via cell phone while they are driving. 6. Dispatch System and MDT Use CSR's must input all information correctly into the dispatch system. Unless instructed otherwise, all dial -a -ride trips must be inputted and dispatched through the dispatch system. Each contract operates with different rules and regulations; therefore every CSR must check with their General/Project Manager for current addendums. The addendums will list all contract related rules and regulations that must be followed. 7 '`III _T 1. W I_D 4 _ M. ' 'T HANDBOOK I have this day received a copy of the Southland Transit, Inc., Transit Division Customer Service Handbook. I understand the Handbook contains important information on the company's general personnel policies and on my privileges and obligations as an employee. I understand that I am expected to read, understand and adhere to company policies and to familiarize myself with the material in the Handbook. If I should have questions about the contents of this Handbook I may direct questions to a company representative. I agree to abide by the policies and procedures contained herein. I understand that the policies contained in this employee handbook may be added to, deleted or changed by the company at any time. The company will advise employees of material changes within a reasonable time. Failure to comply could result in disciplinary actions including termination of employment. I: aMAIato'/: 4: a 04Ie\MAl SIGNATURE DATE M Z111v v '* # ]a I Sokuthland Transit ine. v, I ` Y {; ACCI DENT/I NCI DENT PREVENTION MANUAL 1T�0� TO: ALL EMPLOYEES FROM: SCOTT TRANSUE VICE PRESIDENT/COO DATE: NOVEMBER 1, 2013 SUBJECT: ACCIDENT/INCIDENT PREVENTION PROGRAM The attached Accident/incident Prevention Program was created to provide safe, courteous, clean, reliable, and effective on -time service to our passengers. The safety of the services we operate is of paramount concern. Our goal is to provide transit patrons and employees with the highest degree of safety that is practical. As a result, all Southland Transit Personnel are charged with the responsibility of ensuring the safety of passengers, employees, property, and those who come in contact with the system. The Director of Safety & Training is authorized and directed to develop, implement, and administer a comprehensive and coordinated system safety program to prevent, control, and resolve unsafe conditions which may occur. It is the responsibility of each Southland Transit employee to cooperate with the Director of Safety and Training and provide her with any requested information to assist in any investigation or inspection that is being conducted. I look forward to everyone's cooperation with this as we work to improve our safety culture within the company. Sincerely, Scott Transue Vice President/COO STI Accident/incident Prevention Manual Page 1 A fundamental goal of our services is to provide passengers and employees with the highest level of safety that is practical and consistent with the mission of the transit system we operate. Accomplishing this goal with any degree of efficiency requires us to develop and implement a comprehensive safety program. This program will address the three primary safety functions of a transit system, which are as follows: 1. to prevent the occurrence of accidents/incidents. 2. to respond to and recover from accidents/incidents, 3. and to learn from accidents/incidents that occur. 1.1 PURPOSE AND SCOPE This manual identifies safety issues that must be addressed and resolved in order to provide passengers, employees, and the general public with the highest degree of safety that is practical. Included in this document is guidance on the following safety issues: 1. Development and implementation of an accident/incident prevention program 2. Selection, training, evaluation and, if necessary, termination of transit system employees 3. Promotion of patron safety/awareness 4. Design options available in the vehicle procurement phase that will prevent accidents/incidents 5. Development of safety policies and procedures This guidance is intended for managers, safety directors, and operations staff. 9.2 BACKGROUND The implementation of a comprehensive accident/incident prevention program will result in a reduction in accidents/incidents, and therefore, a reduction in casualty claim costs, vehicle repair costs, and the cost of insurance premiums. In addition, it will also reduce the number of employee and passenger injuries. A properly designed accident/incident prevention program, after development and implementation, will NOT cost money but save money. The primary purpose for the existence of our services is to move people safely. In order accomplish this goal, we must be able to identify all hazards in order to eliminate, minimize or control them, and identify all safety -related responsibilities, delegating these STI Accident/incident Prevention Manual Page 2 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California responsibilities to the proper units within the organization and providing these units with the resources to carry out their assigned responsibilities. We have the responsibility of applying operating, technical, and management techniques and principles to the safety aspects of the system throughout its life cycle to reduce hazards to the lowest practical level through the most effective use of available resources. This process is known as system safety. Accident/incident prevention is a priority of every bus operation. Generally, practices that are used to prevent accidents/incidents and promote safe driving fall into one of three categories. • Safety Management —including training, incentives to reward good performance, progressive discipline for adverse performance, operator selection, operator work rules and procedures, labor, safety awareness, and intervention for employees at risk. • Management —including accident/incident data tracking and analysis, accident/incident investigation, public and passenger education, hazard identification and resolution, safety inspections, safety committees, and supervision. • Operations —including bus stop location and design; route selection and scheduling; use of checkers on buses; and technology applications, such as cameras on buses, "black box" recorders, daytime running lights, and dual mirrors. Specific practices that are used to prevent accidents/incidents and promote safe driving vary widely among transit systems, although most systems use all three types noted previously to some extent. There is no comprehensive inventory of such practices for operators to readily reference, nor have best practices been evaluated in a systematic manner. SCOPE The phrase "accident/incident prevention practices" covers a very wide range of activities at the typical transit system. The first three categories below deal directly with the bus operator— the obvious focus of most bus accident/incident prevention practices. The last four categories deal more indirectly with the bus operator. Descriptions of all categories follow. 1. Driver selection and hiring refers to practices used to identify and attract potential candidates who have the proper skills and aptitude to become a safe and competent bus operator. STI Accident/incident Prevention Manual Page 3 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California 2. Driver training refers to the initial training of new operators, regularly scheduled refresher training, and retraining triggered by one or more preventable accidents/incidents or observation of driving problems by supervisory personnel. 3. Safe driver incentive practices refers to practices intended to reward bus operators for safe driving (i.e., for having no preventable accidents/incidents within a specific time period). 4. Customer safety practices refers to practices that help a passenger avoid personal injury accidents/incidents while boarding, riding, or exiting a bus. Many of these practices target passengers with disabilities. 5. Management practices refers to activities that ensure that management is fully aware of bus accident/incident trends and that identify specific problems with individual operators or types of buses. Examples include safety audits, ride checks, computerized accident or incident databases, safety committees for accident/incident review, and practices for "accident/incident repeater" drivers. 6. Bus technology safety improvements refers to practices that enhance passenger safety and reduce accidents/incidents by increasing the visibility of the bus for pedestrians and for the drivers of other vehicles. Examples include low - floor buses, improved doors and door controls, improved driver vision through mirrors and lighting, high -visibility brake lights and warning signs, and daytime running lights. 7. Operating environment practices refers to practices that help create a safer operating environment for buses. Providing Incentives for Safe Driving Southland Transit, Inc. (STI) will provide safety awards to recognize bus operators and maintenance employees who work accident/incident free. The awards include safety pins or patch and certificates, jackets, and a watch, depending on the number of years of accident/incident-free driving. The minimum criterion for the first patch (i.e., the 1-year safe driver patch) is 1 calendar year without a preventable accident/incident. Subsequent awards are based on each additional calendar year without a preventable accident/incident. STI recognizes an employee each month as employee of the month. This employee is nominated by his or her peers for excellent job performance and accomplishments. The employee of the month shall receive a certificate; STI Accident/incident Prevention Manual Page 4 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California • dinner for two; • a special parking spot for the month; • and a commendation from the Project Manager. The employee of the month then becomes eligible to be selected as the employee of the year. The employee of the year shall receive a plaque; • a $100 gift certificate; • and other recognition at the annual Company Safety Banquet STI shall sponsor an annual safety banquet. The purpose of this banquet is to honor bus operators and maintenance employees who have worked accident/incident free for the past year. During the banquet, the employees of the month are recognized and the employee of the year is announced. Monitoring and Managing Bus Operator Safety Performance Each Project Manager is required to make safety ride checks with each of their employees twice a year. During the ride check, the manager observes the operator's safety habits, appearance, customer relations, and general operation of the bus. At the conclusion of the ride check, the manager reviews the results with the operator and discusses any recommendations that may be necessary. The ride checks help improve the rapport between managers and bus operators. The Safety Director also makes ride checks when an operations supervisor makes a recommendation. Operations supervisors provide on -street supervision of the STI transit operations. The supervisors are responsible for overseeing STI operations and for ensuring that all safety- related operating policies are adhered to. Supervisors routinely take corrective action to solve observed problems. In addition to supervising the bus operators, the supervisor also takes care of other safety -related problems (e.g., alerting operators about poor weather and road conditions, inspecting detours, and reporting traffic problems). Employees are required to report all accidents/incidents at the time of occurrence. Employees are required to report collision accidents/incidents, passenger accident/incidents, witnesses, vandalism, discovered vehicle damage, student misconduct, work -related injury, and passenger problems. All reports are reviewed and investigated by supervisory personnel, at which time the Project Manager will assign a preliminary point value to the report. The Project Manager will also make a preliminary determination on whether the accident/incident was preventable or non -preventable. After reviewing the investigative material, including the Project Managers determination of points and preventablity a three -member, accident/incident judging committee will provide the Project Manager with a final point count and determination of preventablity. STI Accident/incident Prevention Manual Page 5 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California This committee is comprised of the Safety Director, a Project Manager, and a Risk Manager. Determinations are based on written standards for defensive driving. Employees are then given written notification of the determination. STI has a strict disciplinary code for excessive preventable accidents/incidents that occur within a consecutive twelve (12) month period, as follows: ACCIDENT/INCIDENT REVIEW 1. The operator is off for the remainder of their shift. The time will be paid at their regular rate of pay. 2. If the collision involved another party resulting in property damage over $250.00 and/ or injury, the operator is off pending accident/incident review. 3. The review shall take no more than two (2) days. Example, collision on Monday, the driver is off and the review must be completed by the end of the day on Wednesday with the operator being notified of the results. If the results were non -preventable, the operator will be compensated at their regular wage for the missed days. - If the collision was deemed preventable, the operator will not be compensated for missed work and will face disciplinary actions as stated below. DEFINITIONS • NON -PREVENTABLE The operator did everything reasonable to prevent the collision • PREVENTABLE The operator did not do what was reasonable to prevent the collision CLASSIFICATION • 1 point o A preventable collision resulting in property damage less than $250.00 with no bodily injury. • 2 points STI Accident/incident Prevention Manual Page 6 o A preventable collision resulting in property damage of more than $250.00 but less than $1500.00 or bodily injury. Any vehicle being towed from the scene. • 3 points o Any collision resulting in severe property damage, severe injury, or as a result of operator negligence. Any preventable wheelchair incident. DISCIPLINE 1. 1 POINT collision will result in a written warning. 2. 2 POINT collision will result in a written warning and suspension without pay with the possibility of termination of employment. 3. 3 POINT collision will result in automatic termination of employment. ACCUMULATION • Accumulation of 3 points within a floating 12 month period will result in termination of employment. The company has the right at any time to terminate employment for any and all collisions and incidents. STI's safety and training department has formulated a series of questions that help determine preventability and also help teach operators the meaning of defensive driving. The supervisor or other individual responsible for determining preventability is instructed to gather the facts about an accident/incident and then apply the questions when making the determination. STI's definition of defensive driving, as contained in the instructions accompanying the use of the interview questions, provides clear guidance to both operators and supervisors. These instructions include the following text: A defensive driver is one who makes allowances for the lack of skill and lack of knowledge on the part of the other driver, who recognizes that he has no control over the un- predictable actions of other drivers and pedestrians, nor over conditions of weather and road, and who, therefore, develops a defense against all these hazards; STI Accident/incident Prevention Manual Page 7 Intersection Accidents/incidents 1. Did our operator approach the intersection at a speed safe for the conditions? 2. Was the operator prepared to stop before entering the intersection? 3. At a blind corner, did the operator pull out slowly, ready to shift their foot to the brake pedal? 4. Did the operator make sure the other driver would stop for a traffic light or stop sign? s. Did the operator obey all traffic signs? 6. Did the operator signal well in advance of his change in direction? 7. Did the operator turn from proper lane? 8. Was the operator alert for the turns of other vehicles? 9. Did the operator avoid overtaking and passing in the intersection? 10. Did the operator refrain from jumping the starting signal or riding through the caution light? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. 11. Hit Other in Rear 1. Was our operator maintaining the safe following distance, namely one bus -length for every 10 miles per hour of travel, which should be doubled at night and doubled again in wet weather? a. Was the operator keeping their eyes and mind ahead of the car ahead? 3. Did the operator approach the green traffic light cautiously, expecting the driver ahead to stop suddenly on the signal change? 4. Did the operator keep from skidding? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. I11. Backing Accidents/incidents STI Accident/incident Prevention Manual Page 8 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California 1. Was it necessary to back? a. Did our operator have to park so close to the car ahead as to require backing to leave the parking space? b. Was it necessary to drive into the narrow street, dead-end street, or driveway from which the operator backed? C. Did he back immediately after looking? a. Did the operator use his horn while backing? 3. Did the operator look to the rear without depending on the rear vision mirror? 4. If the distance was long, did the operator stop, get out, and look around occasionally? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. iv. Pedestrians �. Did the operator drive through congested sections expecting that pedestrians would step in front of his bus? a. Was the operator prepared to stop? 3. Did the operator keep as much clearance between his vehicle and parked cars as safety permitted? 4. Did our operator refrain from passing vehicles that had stopped to allow pedestrians to cross? s. Did the operator refrain from jumping the starting signal or riding through the caution light? 6. Was the operator aware of groups of children, and was he prepared to stop if one ran into the street? 7. Did the operator give all pedestrians the right-of-way? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. V. Pulling from Curb STI Accident/incident Prevention Manual Page 9 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California 1. Did the operator look to front and rear for approaching and overtaking traffic immediately before starting to pull out? a. Did the operator look back rather than depend upon rear vision mirror? 3. Did the operator signal before pulling from curb? 4. Did the operator start out only when his action would not require traffic to change its speed or direction in order to avoid him? s. Did the operator continue to glance back as he pulled out? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. vi. Skidding 1. Was our operator driving at a speed safe for condition of weather and road? a. Was the operator keeping at least twice the safe following distance for dry pavement; one bus length for every ten miles per hour of speed? 3. Were all the operator actions gradual? 4. Was the operator expecting or alert for loose gravel, grease, oil, etc.? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. v11. Parked 1. Was our operator parked on the right side of the street? a. Was it necessary to park near the intersection? 3. Did the operator have to park on the traveled part of the street, on the curve, or on the hill? 4. Where required, did the operator warn traffic? s. Did the operator park parallel to curb? 6. Was it necessary to park so close to alley or directly across from driveway? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. STI Accident/incident Prevention Manual Page 10 viii. All Others 1. Could our operator reasonably have done anything to avoid the accident/incident? 2. Was the operator speed safe for the conditions? 3. Did the operator obey all traffic signals? 4. Was the operator vehicle under control? IF THE ANSWER TO ANY QUESTION IS "NO," OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND IS AT FAULT. Specialized Safety Practices A bus damage reduction program initiated in December 2013 The purpose of this program is to eliminate all blind (i.e., unreported) accidents/incidents and to promote safe driving. Each bus is repaired and made damage free. When a bus is damage free, a blue sticker is placed in the front wind- shield. When a bus operator is assigned a bus with a blue sticker, they are required to report any discovered damage prior to leaving the garage. When the vehicle is returned to the yard, designated personnel will inspect each vehicle and report any damage. This covers all vehicles from relief to maintenance to buses and minivans. • ' A An efficient, successful approach to the prevention of accidents/incidents involves the establishment of a pro -active safety program that includes the systematic identification of potential accidents/incidents and the implementation of preventive actions. Preventing the occurrence of accidents/incidents requires the identification and resolution of hazards and potentially unsafe conditions. This can be achieved through the adoption and implementation of the system safety concept. An effective response to accidents/incidents can be accomplished through the adoption and implementation of the emergency preparedness concept. Learning from the accident/incident is accomplished through the accident/incident investigation process. At the completion of the investigation, that which has been learned should be integrated into the safety and training program to ensure that the accident/incident does not occur again. The following sections discuss the development and implementation of the system safety concept and program and their important roles in an accident/incident prevention program. STI Accident/incident Prevention Manual Page 11 2.1 ACCIDENT/INCIDENT PREVENTION THROUGH SYSTEM SAFETY As stated, a safety program must be proactive, and safety hazards must be identified and resolved prior to the occurrence of accidents/incidents. Establishing a proactive safety program can be accomplished through the adoption and introduction of the system safety concept. System safety is defined as the application of special technical and managerial skills to the systematic, forward -looking identification and control of hazards throughout the life cycle of a project, program, or activity. This process spans the entire system life cycle and begins during the acquisition (concept definition, design, construction, and inspection/testing/certification) and operation (operation, training, maintenance, modification, and disposal) phase of the system life cycle. 2.2 IMPLEMENTATION OF A SYSTEM SAFETY PROGRAM Preventing accidents/incidents is the responsibility of all personnel, up to and including the VP/COO and CEO. The fundamental aim of system safety is to ensure that all transit personnel practice a proactive approach to safety. The system safety programs are established and documented in order to ensure that the safety program is proactive and that all personnel understand and respond appropriately. The first step in the establishment of the system safety program is obtaining the commitment of the top management. Once management commitment is obtained, the Safety Director responsible for coordinating, developing, and implementing the safety program should ensure that it clearly recognizes the safety role and responsibilities of each employee of the transit system. The purpose of the program is to provide the transit system patrons and employees the highest degree of safety possible by minimizing the risks to which they and the equipment are exposed. The safety staff should emphasize this purpose when explaining and justifying to other transit departments their involvement in the system safety program. 2.2.2 System Safety Program Plan The system safety program plan is the written plan that documents the implementation and operation of the system safety program. It is intended to guide the implementation of the program and to document the roles and responsibilities of all individuals and departments within the transit system. The system safety program plan should be a dynamic document that is continually referred to and revised as the program is modified. To accomplish this, the plan should be brief and to the point. A long tedious document will not be of assistance to the transit system as people tend not to utilize it after development. An example of the table of contents of a system safety program plan is as follows: STI Accident/incident Prevention Manual Page 12 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California • Policy and introduction. • Brief description of the system. • Safety roles and responsibilities of all transit system personnel. • Detailed discussion of the role and responsibility of the safety officer and/or department. • Process that is employed to be proactive in identifying and resolving hazards. • Process for monitoring and revising the system safety program. This should include a schedule for the implementation. 2.3 THE PROACTIVE PROCESS The identification of hazards and potential accidents/incidents is the responsibility of all transit system employees. The mechanism by which potential accidents/incidents are identified will, however, differ depending on the roles and responsibilities dedicated to system safety. The safety officer or safety staff will have the primary responsibility and work with other transit system personnel to continually identify and resolve hazards and potential accident/incident conditions. There are four basic alternative methods of identification that must be employed to identify hazards and potential accidents/incidents. These methods are: • Examination of data from previous accidents/incidents or operating experience Review of generic hazard checklists • Judgement of knowledgeable individuals, i.e., transit personnel, outside experts, etc.; case studies of accident/incident; scenarios • Formal hazard analysis techniques With the exception of the checklists, the initial step in identifying the hazards in each of these methods is to identify the accident/incident that may result if the hazard(s) is not eliminated or controlled. For the purposes of this discussion, the identified accident/incident events are the safety issues that must be resolved to provide the passengers, employees, and general public with the highest level of safety practical. 2.3.1 Data From Previous Accidents or Incidents Examination of previous accident/incident/incident experience can provide insight into what has happened in the past. Staff will investigate each accident/incident and periodically conduct a detailed examination of their operating experience and accident/incident data. This examination will serve to identify the hazards that led to the accidents/incidents and how those hazards may be resolved; thus, preventing future accidents/incidents. Failure to review accident/incident history and learn from it will result in a reoccurrence of those accidents/incidents. STI Accident/incident Prevention Manual Page 13 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California Identification of hazards through a review of previous accident/incident data or experience is an important step in the resolution of potential safety hazards. However, a review of past accident/incident data does not provide a complete analysis of hazard identification, because the hazards identified will be limited only to those that caused previous accidents/incidents. New and potential hazards will not be identified. Furthermore, in the reporting and investigation of accidents/incidents, if the pertinent information isn't collected and the incident isn't classified by type and the details of its occurrence, it will not be possible to use the results to improve vehicle procurement, employee selection, operations, or transit safety nationally. A review of data on incidents that did not result in a accident/incident, but easily could have. Research on transit accidents/incidents has demonstrated that, for almost every type of accident/incident, there is a recognizable pattern or chain of events leading up to its occurrence. For example, a bus operator with a drinking problem will probably have several minor collisions or other infractions on his/her driving record that suggest the nature of his/her problem. If these records are reviewed, this employee can be identified before a major accident/incident occurs. Likewise, mechanical difficulties, such as failure of a brake light or turn signal, can be discovered during an inspection before they cause an accident/incident. If a transit system can recognize and respond to these difficulties quickly and efficiently, they can prevent accidents/incidents. 3. THE ROLE OF EMPLOYEES AND PATRONS IN BUS ACCIDENT/INCIDENT PREVENTION The prevention of accidents/incidents is the responsibility of every employee! Safety is a daily process that involves planning and foresight rather than reports and reactions after accidents/incidents occur. Employees are the key to providing safe transit operations. It has been estimated that approximately 85% of all bus accidents/incidents each year occur as the result of human error. If a bus system wants to prevent accidents/incidents, personnel hiring and training are perhaps the two most important issues to be addressed. This chapter discusses several requirements bus systems should consider when hiring personnel and designing training programs that will result in accident/incident prevention. It also stresses the importance of refresher and accessibility training and contains a section on ways in which to train patrons to improve their awareness and safety. 3.1 SCREENING AND HIRING QUALIFIED PERSONNEL Transit employees, especially individuals hired to assist and transport passengers, play a crucial role in providing safe transportation. Quite often, it may be difficult to hire employees who are motivated and dedicated because of low wage rates or the location STI Accident/incident Prevention Manual Page 14 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California of operation. The ability of the employee to perform job duties effectively and safely often becomes secondary. In adopting this approach the system may be putting the employee, the passenger, and the fiscal integrity of the system at risk. Before we decide upon its criteria for hiring personnel, the system needs to determine exactly what services it requires of its personnel, and exactly what level of skill is necessary to perform those services. Most transit systems have minimum standards for the physical and mental capabilities of applicants. In addition, the Americans with Disabilities Act (ADA) requires that capability standards be based on the performance and duties required by a specific position and not on the physical and mental capabilities of the person. Transit personnel, especially bus operators and dispatchers, must have certain skills in order to successfully perform their jobs. Requiring the presence of these skills does not violate state or federal laws. However, when establishing such criteria the following conditions must be followed: • The physical and mental criteria used by the transit system are proven job - related or required by law, such as CDL. • Any testing utilized to determine physical or mental capacities of the applicants must be proven to accurately measure those functions which are job -related, i.e., the test cannot just test reading ability. • All required tests are given to all prospective employees within that job classification. • The position requirements and the skills required to perform them are stated clearly in the transit agency's personnel policies. These requirements must be applied equally to all driver candidates. • A specific doctor or group of doctors to give all driver physicals. This ensures that a consistent and legitimate physical is provided. Transit systems can establish with the doctor the appropriate physical for the driver if the DOT physical is not used. • Due to the aging process, the transit system may want to establish additional components to the physical for all drivers after the age of 45. Job descriptions should be reviewed and developed prior to advertising the position or interviewing applicants. • Examination of the position duties and objectives is crucial in order to make a determination of the qualifications required to perform the essential job functions. • Identification of the non -essential functions. Non -essential functions are those tasks being performed by the "incumbent" in the position that are not specifically required by the position or that could be re -assigned to other transit personnel or positions. • Establishment of measurable job standards for each position is necessary for objective and appropriate evaluation. The job standards must relate to the essential job functions. STI Accident/incident Prevention Manual Page 15 of the essential job functions. Development of job related criteria may be assisted by using the system's Advisory Board, composed of disabled riders. Because of the safety sensitive nature of their operations, personnel may not working under the influence of drugs or alcohol. Thus, when screening applicants, evidence of drug or alcohol use should never be overlooked, our written drug/alcohol policy (as prescribed by the Federal Transit Administration) covers the use of both illegal and prescription drugs, as well as the use of alcohol. When reviewing the applicant's driving record, it should be state any relevant penalties or sanctions such as ineligibility for hiring or termination. We shall require a minimum of five years of driving experience before an applicant can even submit an application. This means that the minimum age of a driver is twenty-one. With this inclusion in the policy, we can feel assured of a more stable work force. The following is a checklist of important requirements for which applicants must be reviewed: • Physical and mental qualifications of applicant • Can the applicant pass the DOT physical? • Are there any physical conditions that will inhibit job performance? o Black outs o Heart conditions o Diabetes requiring insulin o Disabilities that inhibit the ability to drive and assist passengers in the manner required by the system and ADA o Visual impairment, i.e., color blindness/inadequate night vision o Hearing impairment • Applicant's use of drugs and alcohol • Has the applicant passed a drug/alcohol screen? • Does the applicant use prescription drugs? if so, what kind? Does it affect his or her ability to drive? • Does the applicant have a record of alcoholism or excessive drinking? Recovering or active user? • Applicant's motor vehicle record • Is the license free of alcohol -related or serious moving violations, i,e., reckless driving, careless driving? • If not, how long has it been since the last serious infraction? • How many speeding tickets does the applicant have on record? • Felony conviction record search • Does the applicant have a felony on record? if so, what type of crime did he or she commit, and how long ago was the conviction? • Minimum age requirement STI Accident/incident Prevention Manual Page 16 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California • Since you cannot ask the age of the applicant, you can set a minimum standard by asking how long has the applicant been driving consistently? • The transit system may require a minimum of five years of driving experience which establishes a minimum age of 21. • Personality/attitude • Does the applicant appear to possess the ability/attitude necessary to follow procedures (especially those concerning passengers with disabilities) in a caring and supportive manner? 3.2 ORIENTATION AND TRAINING OF EMPLOYEES Even when the best personnel have been hired, a comprehensive orientation and training program is necessary to assist in achieving the safety and operating goals of our company. Effective orientation and training programs will provide the driver with all of the skills and information he or she will need to respond to daily, unknown and/or unexpected events. A strong base of knowledge will assist the employee in effectively preventing accidents/incidents or responding to accidents/incidents that do occur. 3.2.1 Safety Training for Drivers, Dispatchers and Road Supervisors Training will prepare a driver for typical hazards that will be encountered. This includes identification of the conditions that lead to hazards; the nature of the hazards; clues that signal an impending hazard; actions that can break the chain of events leading to an accident/incident; and the specific skills and actions that must be performed by the trainee, Furthermore, the trainee must understand how these actions increase safety so that he or she can directly evaluate the effectiveness of various options during a crisis situation. Issues specific to the vehicle operation that should be addressed in driver training programs include the following: • General orientation to system, policies and procedures. • Federal, state and local safety rules and regulations including OSHA, state safety belt and right to know laws. • Familiarization with transit system properties and the local area; route training; location of fire, police and medical facilities; supervisory notification. • Use and adjustment of operator's seat, seat belt, mirrors, sun visor, windshield wipers, etc. • Vehicle pre -trip and post -trip inspections. • Safe operation and limitations of brakes, doors, door interlocks, kneeling system, wheelchair lift, etc. • Proper use of communications systems. • Safe acceleration/deceleration rates. • Safe driving practices, traffic hazards, evasive maneuvers, target fixation, threshold braking. (Classroom defensive driving is not sufficient.) • Night, expressway and severe weather driving conditions. STI Accident/incident Prevention Manual Page 17 Driver training issues directly related to passenger safety include the following: • The causes of on -board passenger injuries and how to minimize them (i.e., slip and falls, sudden stops, etc.) • Understanding of the physical limitations of the employee (ergometric), elderly and disabled passengers (i.e., sensitivity training) • It should be noted that ADA requires transit systems to document the achieved proficiency level of operators upon completion of sensitivity training and how their proficiency was determined. Pass/fail tests are an effective gauge of competence if the test measures the proficiency of the required task. Refresher training is also mandated to insure retention of required proficiency. • Bus overcrowding • First aid and CPR • Passenger Assistance Techniques - training materials which provide appropriate physical assistance methods • On -board altercations and appropriate actions by the driver • Passenger illness • Accidents and incidents • The role and responsibilities of the operator in emergency situations • Emergency/standard operating procedures for collisions, fire, etc. • Passenger Evacuation Procedures • Location and use of emergency exits and equipment • How to complete accident/incident forms • Bus stop safety concerns • Other issues identified by Disabled Advisory Committee/Project Action • Lift operations, including how to operate the manual "back-up" system if the power source should fail • Wheelchair securement and passenger restraints 3.2.2 Safety Training and Orientation for Maintenance The safety orientation and safety training of maintenance employees should include the following: • Familiarization with shop and overall facility • Emergency evacuation plan • Management policies • Scope and objectives of bus maintenance program • Applicable federal, state, local, and transit system rules and regulations, including ADA, EPA, OSHA • Use and care of personal protective equipment STI Accident/incident Prevention Manual Page 18 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California • Safe operation and maintenance of on -board bus equipment • Communications equipment • Safe operation of shop tools and equipment • Emergency/road call procedures • Drug/alcohol use policy • Hazardous waste disposal procedures, spill containment and reporting • Maintenance documentation requirements and procedures • Operational safety issues, i.e., blood -borne pathogens, right -to -know • Proper preventative maintenance procedures for lift equipment and other items provided for accessibility 3.3 PERSONNEL EVALUATION AND TERMINATION PROCESSES A written policy and procedure addressing the process, schedule, and criteria on which an employee's job performance is to be evaluated. These criteria should objectively evaluate job performance, not "subjective aspects of personality." Employee performance evaluations should NEVER be a surprise. 3.3.1 Probationary Period During the employee's probationary period, several evaluations should be conducted with the individual and his or her immediate supervisor. These evaluations should state not only what the individual is doing well, but also what items need improvement and specific dates for courses of action to be taken to meet the agency standard. 3.3.2 Annual Evaluations Annual evaluations are equally as important. If supervisors are coaching and working with employees on a continual basis, evaluations should only reflect what has transpired and what is expected during the next year. Evaluations should reflect those items that need improvement, necessary corrective methods or procedures, and a review time- line. Evaluations should not be a "surprise." 3.3.3 Employee Personnel File A personnel file should be maintained for each employee. This file is private and should be viewed and revised only by authorized personnel as stated within the personnel policy. Employees may view their own file under supervision, but should not be able to remove or copy items out of the file. Suggested items to be assembled into the file include the following: • Driver's application, including references • All previous evaluations STI Accident/incident Prevention Manual Page 19 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California • All training courses taken, dates and results of tests • Copies of license checks and current license • Medical exams • Written reprimands, commendations • Written or documented verbal passenger compliments or complaints • Other items required by state or federal law 3.3.4 Discipline and Termination Unfortunately, not all employees are able to perform job functions to the level required by the system. Employees performing in an unsatisfactory manner, even after assistance by the supervisor, should be terminated for the safety and effectiveness of the system. 4. PROCEDURES TO PREVENT BUS ACCIDENTS/INCIDENTS The development, implementation and dissemination of adequate policies and procedures is an essential element of a program to prevent the occurrence of accidents/incidents. Policy considerations and procedures require considerable forethought and analysis of the potential alternatives. They also require an evaluation of both short term and long term effects and consequences. It is imperative that all policies and procedures be in writing and routinely updated. To ensure knowledge and understanding as well as compliance, policies and procedures should be included in the training program for new employees and refresher training for present employees. 4.1 PREVENTIVE MAINTENANCE The goal of an effective preventive maintenance program should be to have no vehicle breakdowns or unscheduled repairs between preventive maintenance inspections. To achieve this goal of vehicle operation without inadvertent breakdowns, the institution of a program to identify potential maintenance problems before they result in vehicle breakdowns. To play a significant role in accident/incident prevention, a properly executed and timed preventive maintenance program must be developed based on manufacturer recommendations on preventive maintenance needs, the transit system operating data, and the experience of the transit system personnel. Communication between drivers and maintenance personnel is an essential element of such a program. Perhaps the most neglected "road to safety" is the interface between the maintenance function and operations. In many systems, the prevailing attitude voiced by the maintenance staff is that "The drivers break 'em we fix 'em." Conversely, the drivers claim that "We tell 'em, but they never fix 'em." In many drivers' opinions, the best STI Accident/incident Prevention Manual Page 20 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California indicator that the shop has looked at a defect is the perennial glob of grease left somewhere (usually on the seat) by a mechanic. Failure to take the driver's role in preventive maintenance seriously, or to understand the need for communication, will result in poor interdepartmental relations. It will also lead to the nightmare of "breakdown maintenance" with an increase in the unscheduled maintenance required of the transit vehicles. In other words, failure to motivate and train drivers to administer proper pre-trip/post-trip inspections (including some diagnostics) will only provide an incentive against reporting defects. The preventive maintenance program must specifically match the needs/demands of each system and take into account the Original Equipment Manufacturers'(OEM) recommendations on the type and proper intervals for maintenance. Vehicle or system operating data can be analyzed to assist in identifying failure modes and the appropriate maintenance intervals. Experimental components should be monitored on a strict schedule. If the inspection and maintenance program is properly monitored, important adjustments or changes in the preventive maintenance program may be identified before failures occur. As an example, routine inspections may reveal wear patterns in brakes which indicate deviations from the OEM anticipated component life, and if the preventive maintenance program is modified, it will prevent premature mechanical failure. Safety department personnel should be involved in the development of the preventive maintenance program and the specific maintenance procedures. This involvement will ensure familiarity with the procedures and processes should questions regarding maintenance arise during accident/incident investigations. In addition, safety personnel may assist maintenance managers by alerting them to potential accident/incident exposures created by hazardous procedures identified during the procedure review. Finally, continuous pro -active training in procedures and proper preventive maintenance practices is critical to successfully preventing accidents/incidents due to mechanical defects/failures. An improperly trained mechanic will not be capable of detecting potentially defective components during inspections or properly completing follow-up repairs. Accident/incident prevention practices can be emphasized during such training as well. Accident/incident prevention is not a stand-alone function of the safety department. Failure to address the role of the maintenance department in accident/incident prevention can only result in failure of a significant part of accident/incident prevention efforts. Appendix H presents an example of a maintenance checklist that could be employed when determining if these are vehicle mechanical problems. 4.2 PRE-TRIP/POST-TRIP INSPECTIONS STI Accident/incident Prevention Manual Page 21 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California Proper pre -trip and post -trip inspections are a key building block to the foundation of operating a fleet free of potential accident/incident causing mechanical defects. A brief pre-trip/post-trip inspection of the vehicle to ensure that safety systems are operating and the vehicle is not likely to become disabled before completing its route. The necessary discipline for enforcing consistent, high quality driver inspections must be initiated, supported, and maintained by all management personnel in every department and at all levels. Sufficient time must be provided for the drivers to conduct proper pre - and post -trip inspections. Clean, well -lit areas should be provided where the inspection can be conducted. Large convex mirrors attached to buildings, sign posts, etc, in the inspection area will assist drivers in completing inspections of lighting systems expeditiously. For several reasons, training for pre-trip/post-trip inspections should involve maintenance personnel and be constantly emphasized during all driver training. First, it provides a chance for drivers and maintenance personnel to get acquainted. A tour of the maintenance facility should be conducted to show drivers and other personnel the types of preventive maintenance and repair work done in the shop. Show and tell sessions are very effective for getting drivers to understand proper operation of components, proper inspection of tires, and proper defect card/form completion. The importance of complete defect descriptions in assisting problem diagnosis and preventing repeat repairs should be emphasized. The chain of command in the maintenance shop should be outlined, complete with procedures for reporting potential rework/repeat repairs. Maintenance management personnel must dedicate themselves to breaking down the communication barriers that exist between many drivers and mechanics. Training sessions and policies that explain that drivers are "internal customers" should be developed. Mechanics, responsible for receiving defect cards and translating them into suitable repairs, should be instructed to resolve the reported problem without "glossing over" potential major defects. The pre-trip/post-trip inspection should at least include an inspection of the following safety systems: • Steering • Brakes • Headlights, clearance and identification lights, turn signals, stop lights, tail lights, tag lights • Mirrors • Back-up alarms • Tire inflation, sidewall and tread condition • Fuel/hydraulic/cooling systems for obvious leaks • Door operation and proper interlock operation • Passenger signal system • Radio • Lift, full cycle and securement devices STI Accident/incident Prevention Manual Page 22 • Fire extinguisher, first aid kit, flares, triangles, dragging equipment • Windshield wipers/washers • Broken stairs or other tripping hazards • Loose seats, grab rails, etc. • Operational emergency exits (roof and windows) Pre -trip inspections are limited in depth and will not identify all safety problems. Thorough shop inspections and the appropriate maintenance, preventive or corrective, will minimize the potential for accidents/incidents or disabled vehicles. Preventive maintenance is intended to minimize or anticipate potential system or component failures before they occur. Examples of preventive maintenance are periodic oil changes, vehicle tune-ups, the replacement of light bulbs at set intervals, and regular lift cycling. Corrective maintenance occurs when a component or system fails. Corrective maintenance requires the vehicle be taken out of service. Frequency of inspection and an example of items that should, as a minimum, be inspected are contained in Appendix 4.3 POLICY ISSUES AND PROCEDURES CONCERNING LIFTS Drivers must understand the policies concerning lifts and the procedures for normal and emergency operations. Consideration should be given to the following concerns: • Is full operation or cycling of the lift required in the vehicle pre -trip inspection or check prior to start of service? • If the lift fails, how does the manual back-up work and are all the parts required to operate the system in the proper place? • Is the driver allowed to stand on the lift while assisting passengers? This may help the passenger feel safer and initially may be easier for the driver. However, if the lift fails or the driver falls, there is no one to handle the emergency situation or passengers. Who will assume that responsibility if the driver is injured? • What procedures will the driver use in handling wheelchairs? Training should include actual hands-on training with wheelchairs. Classroom discussions without hands-on training cannot teach the driver how to safely handle a person in a wheelchair, or to properly secure the mobility device and/or passenger. • How should drivers be trained to operate vehicles? A recognized, systematic training program should be provided. The time to practice is during training, not with the passengers or in an emergency. • Will all mobility devices and wheelchairs be allowed on the lift with the passenger? • Will passengers be allowed to stand on the lift platform? This is required to be in compliance with current ADA regulations if a passenger insists on standing on the lift. However, a passenger may be vulnerable to loss of balance and may fall off the lift platform. STI Accident/incident Prevention Manual Page 23 qeSTIP Setting the Standard for Community Southland Transit Inc. Transit in Southern California o Several safety issues to be addressed include the following: not all mobility devices have brakes or will fit on the lift platform and one type of wheelchair has a gasoline engine and carries five gallons of flammable explosive gas. 4.4 POLICY ISSUES AND PROCEDURES CONCERNING RESTRAINT AND SECUREMENT DEVICES In transit systems where passenger restraints and wheelchair securement devices are present, the transit system should establish and clearly communicate to the employees and drivers the transit system policy on their use. Issues that need to be addressed include the following: • Are all passengers required to use seat belts? • Should drivers assist passengers in buckling their seat belts? • What actions should the driver take if a passenger releases the seat belt while the vehicle is moving? • What should the driver do if a passenger refuses to wear a seat belt? • What if a passenger in a wheelchair refuses to use a lap belt? Will the driver continue on the route? • How should we react if a passenger consistently refuses to comply with the system policies? • How do we notify passengers or agencies of system policies, requirements and consequences? • If the system does not provide child restraint systems, what does the driver do if a parent does not have one when boarding the vehicle? STI Accident/incident Prevention Manual Page 24 Driver Policy Point System This Driver Point System Policy has been prepared for your information and understanding of the driving practices of Southland Transit, Inc. Please read it carefully. Upon completion of your review of this policy amendment, sign the statement below, and return it to your supervisor by the due date. I, , have received and read a copy of the Driver Point System Policy, which outlines the policy point system, as well as my responsibilities as a driver. I have familiarized myself with the contents of this policy. By my signature below, 1 acknowledge, understand, accept and agree to comply with the information contained in the Point System Amendment provided to me by Southland Transit, Inc. I understand this policy is not intended to cover every situation which may arise during my employment, but is simply a general guide to the practices and expectations of Southland Transit, Inc. I understand that Southland Transit, Inc, Driver Point System Policy is not a contract of employment and should not be deemed as such. (Employee signature) Please return by: (put date here) STI Accident/incident Prevention Manual Page 25 System Security and Emergency Preparedness Plan (SSEPP) Southland Transit, Inc. Glossary of Terms Emergency: A situation which is life threatening to passengers, employees, or other interested citizens or which causes damage to any transit vehicle or facility or results in the significant theft of services and reduces the ability of the system to fulfill its mission. Fatality: A transit -caused death that occurs within 30 days of the transit incident. Injury: Any physical damage or harm to a person that requires immediate medical attention and hospitalization. Safety: Freedom from danger. Security: Freedom from intentional danger Security breach: An unforeseen event or occurrence that endangers life or property and may result in the loss of services or system equipment. Security incident: An unforeseen event or occurrence that does not necessarily result in death, injury, or significant property damage but may result in minor loss of revenue. Security threat: Any source that may result in a security breach, such as vandal or disgruntled employee; or an activity, such as an assault, intrusion, fire, etc. System: A composite of people (employees, passengers, others), property (facilities and equipment), environment (physical, social, institutional), and procedures (standard operating, emergency operating, and training) which are integrated to perform a specific operational function in a specific environment. System security: The application of operating, technical, and management techniques and principles to the security aspects of a system throughout its life to reduce threats and vulnerabilities to the most practical level through the most effective use of available resources. System security management: An element of management that defines the system security requirements and ensures the planning, implementation, and accomplishments of system security tasks and activities. Southland Transit, Inc. SSEPP Page 2 of 12 System security program: The combined tasks and activities of system security management and system security analysis that enhance operational effectiveness by satisfying the security requirements in a timely and cost-effective manner through all phases of a system life cycle. Threat: Any real or potential condition that can cause injury or death to passengers or employees or damage to or loss of transit equipment, property, and/or facilities. Threat analysis: A systematic analysis of a system operation performed to identify threats and make recommendations for their elimination or mitigation during all revenue and non revenue operation. Threat probability: The probability a threat will occur during the plan's life. Threat probability may be expressed in quantitative or qualitative terms. An example of a threat -probability ranking system is as follows: (a) frequent, (b) probable, (c) occasional, (d) remote, (e) improbable, and (f) impossible. Threat resolution: The analysis and subsequent action taken to reduce the risks associated with an identified threat to the lowest practical level. Threat severity: Unsafe condition or act: Vulnerability: A qualitative measure of the worst possible consequences of a specific threat: • Category 1 - Catastrophic. May cause death or loss of a significant component of the transit system, or significant financial loss. • Category 2 - Critical. May cause severe injury, severe illness, major transit system damage, or major financial loss. • Category 3 - Marginal. May cause minor injury or transit system damage, or financial loss. • Category 4 - Negligible. Will not result in injury, system damage, or financial loss. Any condition or act that endangers life or property. Characteristics of passengers, employees, vehicles, and/or facilities that increase the probability of a security breach. Southland Transit, Inc. SSEPP Page 3 of 12 Background The terrible tragedy of September 11, combined with nation's continuing war on terrorism, has created a heightened threat environment for public transportation. In this new environment, the vulnerabilities of public agencies and the communities they serve to acts of terrorism and extreme violence have greatly increased. Threat assessments issued by the Federal Bureau of Investigation (FBI) have consistently placed public transportation at the top of the critical infrastructure protection agenda, along with airports, nuclear power plants, and major utility exchanges on the national power grid. To establish the importance of security and emergency preparedness in all aspects of our organization, Southland Transit, Inc. has developed this System Security and Emergency Preparedness (SSEP) Program Plan. This SSEP Program Plan outlines the process to be used by our company to assist our transit clients in making informed decisions that are appropriate for our operations, passengers, employees and communities regarding the development and implementation of a comprehensive security and emergency preparedness program. As a result of this program, we hope to achieve not only an effective physical security program, but also to enhance our coordination with our transit agency clients and local and regional law enforcement agencies. Improved communication will increase their awareness of our resources and capabilities, and improve our readiness to support their efforts to manage community -wide emergencies. In order to be effective, the activities documented in this SSEP Program Plan focus on establishing responsibilities for security and emergency preparedness, identifying our methodology for documenting and analyzing potential security and emergency preparedness issues, and developing the management system through which we can track monitor our progress in resolving these issues. 1. Goals The SSEP Program provides our company with a security and emergency preparedness capability that will: => Ensure that security and emergency preparedness are addressed during all phases of system operation, including the hiring and training of personnel; the procurement and maintenance of equipment; the development policies, rules, and procedures; and coordination with local public safety and community emergency planning agencies Promote analysis tools and methodologies to encourage safe system operation through the identification, evaluation and resolution of threats and vulnerabilities, and the on- going assessment of our capabilities and readiness Southland Transit, Inc. SSEPP Page 4 of 12 Create a culture that supports employee safety and security and safe system operation (during normal and emergency conditions) through motivated compliance with rules and procedures and the appropriate use and operation of equipment 2. Objectives In this new environment, every threat cannot be identified and resolved, but we can take steps to be more aware, to better protect passengers, employees, facilities and equipment, and to stand ready to support community needs in response to a major event. To this end, our SSEP Program has five objectives: l . Achieve a level of security performance and emergency readiness that meets or exceeds the operating experience of similarly -sized companies around the nation 2. Increase and strengthen community involvement and participation in the safety and security of our system 3. Develop and implement a vulnerability assessment program, and based on the results of this program, establish a course of action for improving physical security measures and emergency response capabilities 4. Expand our training program for employees, volunteers and contractors to address security awareness and emergency management issues Southland Transit, Inc. hopes to ensure that, if confronted with a security event or major emergency, our personnel will respond effectively, using good judgment, ensuring due diligence, and building on best practices, identified in drills, training, rules and procedures. This level of proficiency requires the establishment of formal mechanisms to be used by all personnel to identify security threats and vulnerabilities associated with our operations, and to develop controls to eliminate or minimize them. The SSEP Program also requires process for: 1. Coordinating with local law enforcement and other public safety agencies to manage response to an incident that occurs on a transit vehicle or affects transit operations, and 2. Identifying a process for integrating our resources and capabilities into the community response effort to support management of a major event affecting the community. Southland management expects all employees, especially those working directly with passengers, to support the SSEP Program. Southland Transit, Inc. SSEPP Page 5 of 12 Division of Responsibilities All Personnel All Southland employees must understand and adopt their specific roles and responsibilities, as identified in the SSEP Program, thereby increasing their own personal safety and the safety of their passengers, during normal operations and in emergency conditions. To ensure the success of the SSEP Program, all personnel must participate by: 1. Immediately reporting all suspicious activity, no matter how insignificant it may seem, to the their immediate manager or dispatcher; 2. Immediately reporting all security incidents 3. Using proper judgment when managing disruptive passengers and potentially volatile situations 4. Participation in all security and emergency preparedness training, including drills and exercises 5. Becoming familiar with, and operating within, all security and emergency preparedness procedures for the assigned work activity 6. Accurately completing all appropriate reports. Chief Operating Officer After insuring coordination with our clients, the Chief Operating Officer (COO) has the overall authority to develop and execute the company's SSEP Program. Ultimate accountability for implementation of the SSEP Program rests with the COO. In addition, the COO is responsible for the following specific activities: 1. Ensuring that sufficient resources and attention are devoted to the SSEP Program, including: o Development of standard operating procedures related to employee security duties; o Development and enforcement of safety and security regulations; o Development emergency operating procedures to maximize transit system response effectiveness and minimizing system interruptions during emergencies and security incidents; o Provision of proper training and equipment to employees to allow an effective response to security incidents and emergencies. 2. Development of an effective notification and reporting system for security incidents and emergencies. 3. Designating a Point of Contact (POC) to manage the SSEP Program for each client agency. Southland Transit, Inc. SSEPP Page 6 of 12 4. Communicating security and emergency preparedness as top priorities to all employees. 5. Developing relations with outside organizations that contribute to the SEPP Program, including local public safety and emergency planning agencies. SSEP Program Points of Contact (POC) To ensure coordinated development and implementation of the SSEP Program, the COO has designated each Project Manager as the Security and Emergency Preparedness Point of Contact (POC) for development and implementation of the SSEP Program. Each POC, who reports directly to the COO for SSEP purposes, has been granted the authority to utilize resources to develop the SSEP Program and Plan, to monitor its implementation, and to ensure attainment of security and emergency preparedness goals and objectives. The POC has the responsibility for overseeing the SEPP Program on a daily basis. The POC will be the direct liaison with their operators and dispatchers, regarding the Program. The POC will also serve at the Southland's primary contact with their client agencies and associated public safety authorities. To the extent that liaison is necessary with state and federal agencies, the COO will serve as the lead liaison for the company. In managing this Program, the POC will: 1. Be responsible for successfully administering the SSEP Program and establishing, monitoring, and reporting on the system's security and emergency preparedness objectives. 2. Review current project safety, security and emergency policies, procedures, and plans, and identifying needed improvements. 3. Develop and implement plans for addressing identified improvements. 4. Coordinate with local public safety agencies, local community emergency planning agencies, and local human services agencies to address security and emergency preparedness; including participation in formal meetings and committees. 5. Develop, publish, and enforce reasonable procedures pertinent to agency activities for security_ and emergency preparedness. 6. Provide adequate driver training and continuing instruction for all employees (and volunteers and contractors) regarding security and emergency preparedness. 7. Ensure performance of at least one emergency exercise annually. Southland Transit, Inc. SSEPP Page 7 of 12 Supervisors Supervisors are responsible for communicating the company's security policies to all employees. For this reason, supervisors must have full knowledge of all security rules and policies. Supervisors must communicate those policies to operations personnel in a manner that encourages them to incorporate SSEP practices into their everyday work. The specific responsibilities of supervisors include the following. 1. Having full knowledge of all standard and emergency operating procedures. 2. Ensuring that drivers make security and emergency preparedness a primary concern when on the job. 3. Cooperating fully with the SSEP Program regarding any accident investigations as well as listening and acting upon any security concerns raised by the drivers. 4. Immediately reporting security concerns to the POC. In addition, when supporting response to an incident, supervisors are expected to: 1. Provide leadership and direction to employees during security incidents; 2. Handle minor non -threatening rule violations; 3. Defuse minor arguments; 4. Determine when to call for assistance; 5. Make decisions regarding the continuance of operations; 6. Respond to fare disputes and service complaints; 7. Respond to security related calls with police officers when required, rendering assistance with crowd control, victim/witness information gathering, and general on - scene assistance; 8. Complete necessary security related reports; 9. Take photographs of damage and injuries; and 10. Coordinate with all outside agencies at incident scenes. Drivers In addition to the general responsibilities identified for ALL PERSONNEL, drivers are responsible for exercising maximum care and good judgment in identifying and reporting suspicious activities, in managing security incidents, and in responding to emergencies. Each driver will: 1. Take charge of a security incident scene until the arrival of supervisory or emergency personnel; 2. Collect fares in accordance with company policy (if applicable); 3. Attempt to handle minor non -threatening rule violations; 4. Respond verbally to complaints; 5. Attempt to defuse minor arguments; 6. Determine when to call for assistance; 7. Maintain control of the vehicle; Southland Transit, Inc. SSEPP Page 8 of 12 8. Report all security incidents to company dispatch; 9. Complete all necessary security related reports; and 10. Support community emergency response activities as directed by company policies and procedures. Other Personnel Other personnel who support our operations also have responsibilities for the SSEP Program. Dispatchers are expected to: • Receive calls for assistance • Dispatch supervisors and emergency response personnel • Coordinate with law enforcement and emergency medical service communications centers • Notify supervisory and management staff of serious incidents • Establish on -scene communication • Complete any required security related reports • Provide direction to on -scene personnel Mechanics are expected to: • Report vandalism • Report threats and vulnerabilities of vehicle storage facilities • Provide priority response to safety and security critical items such as lighting • Maintain facility alarm systems Threat and Vulnerability Identification The primary method used by our operations to identify the threats to our transit systems and the vulnerabilities of the system is the collection of incident reports submitted by drivers and supervisors and information provided by local law enforcement and contractors. Information resources include the following: • Operator incident reports • Risk management reports • Bus maintenance reports • Marketing surveys • Passengers' letters and telephone calls • Management's written concerns • Staff meeting notes • Statistical reports • Special requests • Type of incidents o Crimes against persons Southland Transit, Inc. SSEPP Page 9 of 12 o Crimes against property o General incidents • Disposition of incidents (same as disposition of call for service) Security testing and inspections may be conducted to assess the vulnerability of the transit system. Testing and inspection includes the following three-phase approach: • Equipment preparedness - to ensure that security equipment is operable and in the location where it belongs • Employee proficiency - To ensure that employees know how and when to use security equipment • System effectiveness - To evaluate security by employing security system exercises. Evaluation The SSEPP is a "living document" and needs to address issues associated with system security and emergency preparedness on a timely and proactive basis. It is incumbent upon all appropriate Southland personnel to constantly evaluate the effectiveness of the SSEPP as well as implementation. The SSEPP POC's will work with their respective clients to ensure that the SSEPP is evaluated for effectiveness on at least an annual basis. The tools and checklists that follow will provide the basis for conduct of these regular evaluations. Points of Emphasis 1. Awareness - Train all security and maintenance personnel to spot suspicious -looking or unfamiliar people or objects. 2. Communication - Teach employees and/or tenants the importance of awareness; encourage them to identify and report anything that appears out -of -the -ordinary. 3. Screening - Develop and implement systems for identifying and controlling visitor access to the building. 4. Inspection - Establish strict procedures for the control and inspection of packages and materials delivered to the building, particularly those intended for critical areas. 5. Procedures - Instruct all personnel, particularly telephone switchboard or reception personnel or Call Center personnel, on what to do if a bomb threat is received. 6. Surveillance - Instruct security and maintenance personnel to routinely check unattended public or open areas, such as rest rooms, stairways, parking garages and elevators. 7. Lighting - Make sure that all of the facility's access points are well -lit. 8. Systems Awareness - Unexpected interruptions in the building's fire or security systems may not be coincidental; train personnel to identify and address them immediately. 9. Local Authorities - Contact local government agencies to determine their procedures for dealing with bomb threats, search, removal and disposal. 10. Contingency - Assure adequate protection and off -site backup for classified documents, proprietary information, critical records and activities essential to the operation of your business. Southland Transit, Inc. SSEPP Page 10 of 12 System Security Considerations 1. Security Plan established, which addresses all operations modes and contracted services 2. System security responsibilities and duties established 3. Personal safety awareness/education programs for passengers and employees and community outreach 4. Security equipment regularly inspected, maintained and functionally tested; including personal equipment issued to security personnel 5. Contingency SOPs developed; drills and table -top exercises conducted for extraordinary circumstances, including — terrorism (including chemical/ biological agents/ weapons of mass destruction); Riot / Domestic unrest; Catastrophic natural events; and System -wide communications failure 6. Planning, coordination, training and mutual aid agreements with external agencies (state, local police, MTA, etc.) 7. Security SOPs reviewed on a regular basis and updates made as needed to Security Plan 8. Security equipment installed, inspected, and maintained to monitor trespass activities 9. Data collection established for all security issues / incidents; analysis performed and recommendations made; document control established, including follow-up 10. Security risk/vulnerability assessments conducted, documented and reviewed 11. Contingency plans for loss of electrical power and radio or phone communications 12. Standard Operating Procedures for critical incident command, control, and service continuation/ restoration 13. Security training provided to all staff levels (from front-line "eyes and ears" concept to professional level security training) 14. Background checks on employees and contractors (where applicable) 15. Regular assessments of employee security proficiencies conducted 16. Employees issued quick reference guidelines for security situations 17. Emergency contacts list developed / current / and responsibilities for call -outs identified 18. Visitor, deliveries and contractor facility access procedures developed / visible identification required 19. Security checklists developed and regularly used for verifying status of physical infrastructure and security procedures 20. Agency employees identifiable by visible identification and/or uniform 21. Policy and procedures in place for facilities key control. Southland Transit, Inc. SSEPP Page I I of 12 SUMMARY As a transit service contractor, we have a supporting role in the development of an effective SSEPP. The primary responsibility is with our government agency clients. As a result our success will be mixed; some of our clients will ignore the threats which will make our efforts more difficult and less successful. Some of our clients will try to develop plans without our involvement which will make their success less likely. Some of our clients will embrace this effort and welcome your participation which will make the effort the most effective. Our job is to make the effort in every case. Southland Transit, Inc. SSEPP Page 12 of 12 Appendix A Vehicle Safety Program Implications VEHICLE SAFETY PROGRAM PLAN COVERED POLICIES AND PROCEDURES ADDITIONAL ISSUES IN SSEP PROGRAM SECTION TITLE MANAGEMENT ✓ MEMORANDUM AUTHORIZING SYSTEM I COMMITMENT ➢ Safety Policy Statement SECURITY AND EMERGENCY PREPAREDNESS (SSEP) PROGRAM ➢ Chief Operating Officer ➢ Drivers, mechanics and others operating ✓ EXPANDED TO ADDRESS SSEP PROGRAM COMPLIANCE agency vehicles (and volunteers) ✓ CREATION OF SSEP PROGRAM POINT OF 2 RESPONSIBILITIES ➢ Vehicle Accident Prevention (VAP) CONTACT (POC) Committee ➢ Safety incentive program(s) 3 DRIVERS — INITIAL ➢ Qualifications ✓ COMMITMENT TO ADDRESS SSEP ISSUES IN HIRE ➢ Initial Training HIRING ➢ Application ➢ Interviews ➢ Physical Requirements ➢ Age ➢ Knowledge of English ➢ Driver Licensing ✓ EXPANSION OF NEW HIRE APPLICATION QUALIFICATIONS ➢ Operating Skills PROCESS TO EMPHASIZE IMPORTANCE OF ➢ Criminal Record Checks SAFETY, SECURITY AND EMERGENCY ➢ Ability to perform simple math PROCEDURES ➢ Reasonable knowledge of the service area and ability to read basic maps ➢ A road test given by a designated Agency Supervisor is required ➢ A written driving skills test is required Southland Transit, Inc. Appendix A SSEPP Page 1 of 5 VEHICLE SAFETY PROGRAM PLAN COVERED POLICIES AND PROCEDURES ADDITIONAL ISSUES IN SSEP PROGRAM SECTION TITLE ➢ Agency Policies and Procedures ➢ Federal and State Guidelines and Regulations ➢ Pre and Post Trip Inspections ➢ Vehicle Familiarization ✓ ADDITIONAL TRAINING TO ADDRESS ➢ Basic Operations and Maneuvering SECURITY AWARENESS, REPORTING INITITAL TRAINING ➢ Special Driving Conditions SUSPICIOUS ACTIVITY, REPORTS AND ➢ Backing ➢ Bad Weather DOCUMENTATION, AND PRE AND POST TRIP ➢ Boarding and Alighting Passengers INSPECTIONS ➢ Defensive Driving Course (DDC) ➢ Passenger Assistance Training — DRIVE Training ➢ On Road ➢ Training - refresher/retraining ➢ Evaluation and supervision ➢ ADDITIONAL REFERSHER TRAINING AND DRIVERS — ➢ Motor vehicle record checks "PROFICIENCY TESTS' FOR KNOWLEDGE OF ONGOING ➢ Annual physical examination EMERGENCY PROCEDURES 4 SUPERVISION AND ➢ Safety meetings ✓ ADDITIONAL RESPONSIBLITIES FOR TRAINING ➢ Seat -belt usage SUPERVISION ➢ Discipline/recognition ➢ Preventable accidents/injuries ➢ Emergency driving procedures ✓ EXPANSION OF EMERGENCY PROCEDURES EMERGENCY ➢ Accident causes TO INCLUDE ADDITIONAL SECURITY AND 5 DRIVING o Slippery road surfaces EMERGENCY CONDITIONS PROCEDURES o Driving at night ➢ EXPANSION OF EMERGENCY PROCEDURES o Driving through water TO INCLUDE SUPPORT OF COMMUNITY Southland Transit, Inc. Appendix A SSEPP Page 2 of 5 VEHICLE SAFETY PROGRAM PLAN COVERED POLICIES AND PROCEDURES ADDITIONAL ISSUES IN SSEP PROGRAM SECTION TITLE o Winter driving RESPONSE TO A MAJOR EVENT OR o Driving in very hot weather EMERGENCY ➢ Vehicle breakdowns and unavoidable ➢ EMERGENCY TRAINING AND EXERCISING stops ➢ Vehicle fire/evacuation ➢ Hold up/robbery ➢ Natural disasters o Tornado o Flood procedures - vehicle General guidelines ➢ Seat -belts ➢ Child safety seats ✓ EXPANSION OF PROCEDURES FOR ➢ Mobility device securement and passenger MANAGING DIFFICULT PASSENGERS 6 PASSENGER restraint systems ✓ CLARIFICATIONS REGARDING FIRST AID AND SAFETY ➢ Difficult passengers BLOODBORNE PATHOGENS/INFECTION ➢ Medical condition CONTROL ➢ First aid ➢ Bloodbornie pathogens/infection control ➢ Vehicles & equipment ✓ EXPANSION OF VEHICLE SECURITY ➢ Preventive maintenance PROCEDURES ➢ Program development VEHICLES & ➢ Preventive maintenance needs ✓ EXPANSION OF MAINTENANCE 7 EQUIPMENT ➢ Preventive maintenance program PROCEDURES FOR IDENTIFYING AND ➢ Format for preventive maintenance REPORTING VANDALISM, SUSPICIOUS program for transit vehicles SUBSTANCES, OR VEHICLE TAMPERING ➢ Master vehicle service and repair record — maintenance history ➢ EXPANSION OF VEHICLE PROCUREMENT Southland Transit, Inc. Appendix A SSEPP Page 3 of 5 VEHICLE SAFETY PROGRAM PLAN COVERED POLICIES AND PROCEDURES ADDITIONAL ISSUES IN SSEP PROGRAM SECTION TITLE ➢ Preventive maintenance intervals PROCEDURES TO ADDRESS SECURITY o A Level Inspection TECHNOLOGY o B Level Inspection o C Level Inspection ➢ Pre & post trip inspections ➢ Emergency equipment on vehicles and usage ➢ Use of emergency equipment on vehicles ➢ Vehicle procurement o Exterior o Visibility o Interior ➢ Vehicle security ➢ Vehicle safety in and around the shop or yard ➢ Accident documentation packet ➢ Accident notification procedures — driver responsibility ➢ Accident investigation — management ✓ ADDITIONAL TOOLS FOR ACCIDENT ACCIDENT responsibility DOCUMENT PACKET TO ADDRESS 8 MANAGEMENT ➢ Accident investigation kit SECURITY ➢ Reconstruction & analysis ➢ Drug and alcohol tests ➢ ADDITIONAL TOOLS FOR MEDIA RELATIONS ➢ Media relations and crises communication after an accident 9 INSURANCE CLAIMS AND ➢ Dealing with adjusters ➢ ADDITIONAL CONSIDERATIONS FOR LITIGATION ➢ Dealing with attorneys — ours/theirs COVERAGE Southland Transit, Inc. Appendix A SSEPP Page 4 of 5 VEHICLE SAFETY PROGRAM PLAN COVERED POLICIES AND PROCEDURES ADDITIONAL ISSUES IN SSEP PROGRAM SECTION TITLE MANAGEMENT DAY TO DAY ➢ Record keeping OPERATIONS — ➢ Keeping informed ➢ ADDITIONAL REPORTS FOR SECURITY- 10 MONITORING FOR o Websites RELATED INCIDENTS SAFETY o Publications Southland Transit, Inc. Appendix A SSEPP Page 5 of 5 INJURY ILLNESS 4�STIRM Southland Transit Inc. SAFETY AND HEALTH POLICY PROGRAM OBJECTIVES The success of the company's Safety and Health Program depends on the sincere, constant, and cooperative effort of all program officials, management, and employees. Their active participation and support of the safety program and implementation of its procedures will make it a success. Annual Review: The following objectives and goals have been established to gauge the success of our program, as a minimum guideline, and will be reviewed annually by the Safety Coordinator to evaluate the program's safety performance: Objectives: 1. To provide a safety and health program consistent with good operating practices and maintain compliance with applicable safety and health regulations. 2. To create an attitude of safety consciousness in management, supervision, and employees throughout all operations regarding all health and safety matters. In order to accomplish these objectives, our safety program will include: 1. Preplanning for safety in every portion of the operation through the active cooperation and participation of management personnel. We will draw upon their experience and expertise to anticipate and mitigate or eliminate accident -producing situations. 2. Provide mechanical and physical safeguards to the maximum extent possible in compliance with government regulations, i.e., State or Federal OSHA, fire codes, etc. 3. Conduct a program of safety and health inspections to discover and correct unsafe working conditions or practices; to control health hazards; and to comply fully with the safety and health standards for each job, operation, and facility. 4. Training for all employees on good safety and health practices. 5. Providing the necessary personal protective equipment and instructions for its use and care. 6. Developing and enforcing safety and health rules and requiring all employees to cooperate with these rules as a condition of employment. 7. Investigating every accident promptly to find its cause and correcting the problem in order to prevent recurrence. STI Injury Illness Page 1 The Injury and Illness Prevention (LIP) Program administrator, Jason Snow has the authority and the responsibility for implementing and maintaining this II:P Program for Southland Transit, Inc. Managers and supervisors are responsible for implementing and maintaining the IIP Program in their work areas and for answering worker questions about the IIP Program. A copy of this IIP Program is available from each manager and supervisor. COMPLIANCE All workers, including managers and supervisors, are responsible for complying with safe and healthful work practices. Our system of ensuring that all workers comply with these practices include the following practices: ✓ Informing workers of the provisions of our IIP Program. ✓ Evaluating the safety performance of all workers. ✓ Recognizing employees who perform safe and healthful work practices. ✓ Providing training to workers whose safety performance is deficient. ✓ Disciplining workers for failure to comply with safe and healthful work practices. COMMUNICATION All managers and supervisors are responsible for communicating with all workers about occupational safety and health in a form readily understandable by all workers. Our communication system encourages all workers to inform their managers and supervisors about workplace hazards without fear of reprisal. Our communication system includes the following items: ✓ New worker orientation including a discussion of safety and health policies and procedures. ✓ Review of our IIP Program. ✓ Training programs. ✓ Regularly scheduled safety meetings. ✓ Posted or distributed safety information. ✓ A system for workers to anonymously inform management about workplace hazards. STI Injury Illness Page 2 \ Wda s The following conditions could result in disciplinary action under the provisions of this policy: 1. Violation of a supervisor's safety -related instructions. 2. Violation of established safety rules and/or procedures. 3. Violations of instructions on posted safety -related signs. 4. Accumulation of an excessive number of injuries (three or more within a 24 month period.) 5. Obvious unsafe actions as may be indicated by the improper use of equipment, horseplay, or practical joking, poor housekeeping practices, etc. 6. Lack of concern toward safety instructions and programs. The above circumstances are not intended to be all-inclusive. Any other circumstances that indicate an employee's disregard for his/her own safety, the safety of others, or the neglect of proper care for equipment, may also result in disciplinary action under the provisions of this policy. Supervisors will also be subject to disciplinary action when their employee receives some form of disciplinary action for violation of safety rules and guidelines, or when the supervisor demonstrates negligence in their implementation or enforcement of written policy. Any member of supervision may be subject to disciplinary guidelines as an individual employee or as a member of management. Depending on the circumstances or the severity of the violation or incident, any level of discipline, which is most appropriate for the time and action, up to, and including termination, may be implemented. HAZARD ASSESSMENT Periodic inspections to identify and evaluate workplace hazards shall be performed by a competent observer in the following areas of our workplace: Periodic inspections are performed according to the following schedule: 1. When we initially established our I1P Program; 2. When new substances, processes, procedures or equipment which present potential new hazards are introduced into our workplace; 3. When new, previously unidentified hazards are recognized; 4. When occupational injuries and illnesses occur; and 5. Whenever workplace conditions warrant an inspection. STI Injury Illness Page 3 Procedures for investigating workplace accidents and hazardous substance exposures include: 1. Interviewing injured workers and witnesses; 2. Examining the workplace for factors associated with the accident/exposure; 3. Determining the cause of the accident/exposure; 4. Taking corrective action to prevent the accident/exposure from reoccurring; and 5. Recording the findings and actions taken. Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely manner based on the severity of the hazards. Hazards shall be corrected according to the following procedures: 1. When observed or discovered; and 2. When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, we will remove all exposed workers from the area except those necessary to correct the existing condition. Workers who are required to correct the hazardous condition shall be provided with the necessary protection. a- l11 ►lemll sm IlntqXmt* L All workers, including managers and supervisors, shall have training and instruction on general and job -specific safety and health practices. Training and instruction is provided: 1. When the IIP Program is first established; 2. To all new workers, except for construction workers who are provided training through a construction industry occupational safety and health training program approved by Cal/OSHA; 3. To all workers given new job assignments for which training has not previously provided; 4. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; 5. Whenever the employer is made aware of a new or previously unrecognized hazard; 6. To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed; and 7. To all workers with respect to hazards specific to each employee's job assignment. STI Injury Illness Page 4 General workplace safety and health practices include, but are not limited to, the following: 1. Implementation and maintenance of the IIP Program. 2. Emergency action and fire prevention plan. 3. Provisions for medical services and first aid including emergency procedures. 4. Prevention of musculoskeletal disorders, including proper lifting techniques. 5. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly, and promptly cleaning up spills. 6. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety. 7. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and electrical panels. 8. Proper reporting of hazards and accidents to supervisors. 9. Hazard communication, including worker awareness of potential chemical hazards, and proper labeling of containers. 10. Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated. 0 N 1 Our establishment has twenty or more workers and is not on a designated low hazard industry list. We have taken the following steps to implement and maintain our IIP Program: 1. Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe conditions and work practices, recorded on a Safety Inspection Form; and 2. Documentation of safety and health training for each worker, including the worker's name or other identifier, training dates, type(s) of training, and training providers, recorded on a worker training and instruction form. Inspection records and training documentation will be maintained for one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment. STI Injury Illness Page 5 Investigation, Inspection, Correction Forms SOUTHLAND TRANSIT, INC. EMPLOYEE SAFETY & HEALTH SUGGESTION FORM I would like to report, without fear of reprisal, what I believe to be a safety/health hazard that may cause injury, illness, death, or damage to an employee, or the public. Describe Safety/Health Problem: Location: Suggestion to Correct Problem: Employee's Name (Optional) Received by: Review and Comments Comments: Date Reviewed by: Comments: Date: Reviewed by: Comments: Date: Reviewed by: ACTION TO BE TAKEN Date: Approved by: Effective Date: Original to Safety Coordinator Date: Employee Name Date of Warning Date of Violation Safety Violation (explain) SAFETY VIOLATION NOTICE EMPLOYEE WARNING 1 st/2nd Notice Time Violation Considered to be: Extremely Serious Serious COMMENTS Witness Supervisor's Comments: Supervisor's Signature Employee's Comments: Employee's Signature Dept. 3 d/4th Notice Location Minor Other Reported by Date Date Correction: What action has or will be taken to prevent recurrence? (List then place an X by completed items and date.) Safety Coordinator Signature Dept Manager Signature Originals to Personnel Copies Safety Coordinator Employee Date Date ACCIDENT INVESTIGATION REPORT Date of Occurrence _/ / Time a.m./p.m. Date Reported INJURY OR ILLNESS Name Job _Part of Body Injured Location of Accident Nature of Injury or Illness Object/Equipment Inflicting Injury or Illness _ Person with Most Control of Object/Equipment Activity at time of Accident Estimated Cost _ Nature of Damage Actual Cost Vehicle Speed Registration No. of Equipment Object/Equipment Causing Damage Person with Most Control - Inflicting Damage Describe clearly how the accident occurred. (For all motor vehicle accidents, draw a diagram on other side.) The Cause of the Accident: What acts, failure to act, and/or conditions contributed most directly to this accident? Describe unsafe acts and/or unsafe conditions. Explain specifically why these acts and/or conditions existed. Loss Severity Potential: _Major _Serious Minor Probable Frequency Rate Frequent Occasional Rare What action has or will be taken to prevent recurrence? (List items, then place an X by items completed and date.) Injured Employee's Supervisor's Signature Date Reviewing Manager Date Original Safety Supervisor Copy Personnel File Supervisor: Location: SAFETY INSPECTION FORM Inspector: Date: / I All items which need correction are marked with a "C". Note the corrections needed and suggestions for corrective action below. Mark items which are acceptable with an "A". Actions of Employees 1. Personal protective equipment being worn as required? 2. Employees safety -trained for the job being performed? 3. Employees following proper work procedures? Safety Conditions 4. Walkways, floors, and work areas properly maintained? 5. Housekeeping and cleanup adequate? 6. Office equipment properly maintained? 7. Power tools or equipment maintained and guarded? 8. Flammable liquids/chemicals properly used, identified and stored? 9. Adequate illumination provided? 10. Adequate ventilation provided? 11. Environmental hazards reviewed and maintained? 12. Fire protection equipment provided and maintained? 13. First aid and emergency medical supplies available? 14. Sanitation and drinking facilities properly maintained? 15. Safety communication and publicity provided? _ 16. Emergency procedures and phone numbers posted? Corrections Suggestions Completed by: Date Original Safety Coordinator Copy Management Request #: Date Time: Requested by: Title: To: Title: Upon receipt of this request you are asked to complete this form indicating the corrective action taken, if necessary, on the problem stated below. Problem: NOTICE OF CORRECTIVE ACTION MUST BE FURNISHED WITHIN 10 DAYS TO THE SAFETY COORDINATOR OR A MEMBER OF EXECUTIVE MANAGEMENT. ANALYSIS OF THE PROBLEM: CAUSES: ANALYSIS: CORRECTIVE ACTION (to prevent recurrence) Signature: - Effective Date: Original Safety Coordinator Copy Supervisor Employee Training Record Forms ��' : "� '• 1. Discussed the company safety program and provided employee with a copy of applicable safety rules for the job. 2. Reviewed and discussed the company Safety & Health Procedures Manual and applicable items for employee. a. Safety and Health Policy b. Code of Safe Practices c. Disciplinary Policy & Enforcement Practices d. Accident Reporting Procedures e. Reporting Unsafe Conditions f. Proper Lifting Techniques g. Special Protective Equipment Requirements 3. Showed location of fire alarms, fire extinguisher, fire exits, and discussed evacuation plan. 4. Discussed job training requirements and how assignments are made; reviewed job description and trained for job (copy attached). 5. Given instructions regarding personal appearance. I have discussed and understand all above statements and instructions. Supervisor: Employee: (Sign and date) (Sign and date) Original to Personnel CODE OF SAFE PRACTICES Southland Transit, Inc. The purpose of the Code of Safe Practices is to assist you in making safety a regular part of your work habits. This is a minimum guide to help identify your responsibility for safety. Your supervisor is obligated to hold you responsible for your safety by providing you a safe place to work. a. I will immediately report to my supervisor all accidents or near misses, and injuries, no matter how slight, that occur on the job. b. I will cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence. C. I will promptly report to my supervisor any unsafe acts, practices, or conditions that I observe. d. I will become familiar with and observe safe work procedures during the course of my work activities. e. I will keep my work areas clean and orderly. f. I will avoid engaging in horseplay and avoid distracting others. g. I will obey all safety rules and follow published work instructions. h. I will wear personal protective equipment as required by my supervisor. i. I will inspect all equipment prior to use and report any unsafe conditions to my immediate supervisor. j. I will submit any suggestions for accident prevention which may assist in improved working conditions or work practices to my immediate superior. k. I will not smoke on the premises. 1. I will not bring onto the job, have in my possession, or in my car, any weapons or ammunition of any kind. m. I will not have in my possession, use, or introduce intoxicating liquor or illegal drugs on any customer's property or work area or facility, and I will accept possible discharge for these illegal actions. n. I will not come to work under the influence of intoxicating liquor or illegal drugs, and realize that I will not be allowed to start work and may be immediately discharged for this action. FAILURE TO FOLLOW THESE RULES MAY BE /UNDS FOR DISMISSAL POSSIBILITYNO CODE OF SAFE PRACTICES I , hereby acknowledge that I have received, read and understand the "Code of Safe Practices for Southland Transit, Inc. I agree to conform to all practices, safety rules, and regulations relating to safe work performance. I understand that my failure to follow these safety procedures will result in disciplinary action up to and including discharge. I further understand that: a) It is my responsibility to report all unsafe conditions or violations of the Code of Safe Practices to my supervisor or other management personnel in order to minimize the potential of injury to my fellow workers. b) I am encouraged to inform my immediate superior of any hazards on the job without fear of reprisal, and that should my assistance create any such action or related intimidation that I am encouraged to contact the Safety Coordinator or management by phone or mail. Employee Signature Date Supervisor Signature Date Original to Personnel TRAINING CLASS RECORD I certify that the employees listed below received safety training in the subject(s) as indicated. Date: Subject(s): Title(s) of Film(s), Video(s) or slide presentation(s) shown to employees: Attached is an outline of the specific items discussed in this training program, along with handouts, if any. Instructor's Signature: Instructor's Name (Please Print) Date // Initial Employee Name (Please Print) Employee Signature INITIAL TRAINING RECORD (Individual Employee Training Documentation) Name of Employee: Training Subject: Training Material Used: Name of Trainer: Date of Hire/Assignment: I, hereby certify that I have received training as described above in the following areas: The potential occupational hazards in general in the work area and associated with. my job assignment. The CODE OF SAFE PRACTICES which indicates the safe work conditions, safe work practices, and personal protective equipment, if any, required for my job. The hazards of any chemicals to which I may be exposed and my right to information contained on material safety data sheets for those chemicals, and how to understand this information. My right to ask questions, or provide any information to the employer on safety either directly or anonymously without fear of reprisal. Disciplinary procedures the employer will use to enforce compliance with "CODE OF SAFE PRACTICES." UNDERSTAND THIS TRAINING AND AGREE TO COMPLY "CODE.. 1 ALL SAFETY RULES FOR MY WORK ._:_ Employee Signature Original Personnel Date The Right to Know 4�STIRM Southland Transit Inc. HAZARD COMMUNICATION PROGRAM "EMPLOYEE RIGHT TO KNOW" The following is the Southland Transit, Inc. Hazard Communication/ Employee Right to Know Program. This program was developed to acquaint employees who work with, or are potentially exposed to hazardous materials with the issues involved in the handling of hazardous materials. Hazardous materials or substances are characterized as any chemical, compound, or mixture that, because of physical or chemical properties may be: ➢ Combustible ➢ Flammable ➢ Explosive ➢ Pyrophoric ➢ Oxidizing ➢ Toxic ➢ Carcinogenic ➢ Corrosive This program respects the rights of employees to be well informed about chemicals and chemical exposures (potential and real) that exist, or may in the future at Southland Transit, Inc. Section One Rights and Responsibilities 1. The Employee has Rights A. An Employee has the Right to Know about the hazards that you face on the job. B. An Employee has the Right to be trained about such hazards and how to protect him/herself from them. C. An Employee cannot be discriminated against or fired because s/he asked for information and training on how to handle hazardous materials. D. An Employee is allowed to provide information to a legal or medical representative. 11. The Company has Obligations A. To train all employees in the physical and health hazards of materials in the workplace. B. To train employees how to protect themselves from these hazards, including providing and showing the proper use of any personal protective equipment which may be required. C. To provide an emergency plan. D. To Train in the detection of possible hazardous material releases in the workplace. E. To explain how to properly read and understand information on a container label. F. To explain how to properly read and understand the information located on a Material Safety Data Sheet. G. To inform employees of the location of hazardous materials in the workplace. 111. The Company and the Employees Both have Obligations A. To provide a safe work environment. B. To educate and be educated about Hazardous Materials. C. To use, recognize and understand warning labels. D. To answer and ask questions. Section Two Training and Information OSHA requires company to train and continually educate employees about the Hazardous Communication Program. II. To implement the training requirements, training will take place at the following times: A. At the time an employee is first assigned to the site. B. At the time any new hazard is introduced to the worksite and/or to an employee's job. C. When hazardous materials are changed by the manufacturer. D. Throughout the year. E. At the request of management. III. The mandatory requirements of employee training are: A. How the hazardous communication program is implemented; B. Physical and health hazards of the work area, including identification of locations throughout the facility using potentially hazardous materials; C. Detection of the presence of hazardous chemicals by sight and smell; D. Safe work practices, including any specific measures which may be needed while working in specific areas, or with specific materials; E. Procedures and equipment provided to help protect employees, such as ventilation system, personal protection equipment, etc. F. Methods to detect hazards, such as personal monitoring and facility audits; G. Explanation of emergency procedures; H. Primary and secondary labeling of hazardous materials; I. How to read and interpret the information labels and MSDS. ** See attached Glossary of Terms used in Material Safety Data Sheets; and J. Where the MSDS binder can be located for employee use. IV. A record of the training and those in attendance will be kept in the MSDS binder. (See Section Four, II). V. Contractors A. The individual on site who is responsible for the maintenance of the MSDS binder shall refer all outside contractors to the MSDS binder for information regarding any materials to which the contractor and its employees may be exposed. Contractors doing business at the facility are required to sign a Contractor's Notification sheet, which will be kept in the MSDS binder. B. Outside contractors must provide MSDSs for any materials that the contractor may bring into the facility. The individual on site who is responsible for the maintenance of the MSDS binder must request such MSDS and file the MSDS. C. The outside contractor is responsible for training its employees regarding Hazard Communication. I Loll Southland Transit, Inc. has a written and implemented Hazard Communication Program. There are procedures in place for handling hazardous materials or substances at this facility. It is our contention that contractors and their employees understand that hazardous materials and substances are used, and or stored at this facility. It is, however, the responsibility of the contractors to insure that their employees are aware of the hazardous materials or substances used or stored at this facility, and their potential contact with them. It is the responsibility of the contractors to translate, and communicate all information pertaining to hazardous materials or substances, at this facility, to their employees as necessary. If illiteracy is a problem for said contractors' employees, the contractors then have the responsibility to read this notification, and any other pertinent Hazard Communication information to their employees. It is the responsibility of the contractors to supply and provide any necessary or required Personal Protective Equipment to their employees. Also, it is the responsibility of the contractors and their employees to inquire about, and wear, any Personal Protective Equipment that is, or may be required at this facility. Furthermore, it is the responsibility of the contractors and their employees to follow all safety rules pertaining not only to hazardous materials and substances, but also to safety in general at this facility. These safety rules are available upon request. A copy of this company's Written Hazard Communication Program will be furnished upon request. 1, the undersigned, as a representative for , acknowledge that 1 have received, read, and understand this Contractor's Notification Form. Print name of Contractor's Representative Date Contractor's Representative Signature Southland Transit Representative Signature Date Section Three Container Labeling Responsibility Container labeling will be accomplished in two ways in our facility. As mentioned above, the first will be primary, labeling from the manufacturer. This type of labeling will exist on all hazardous material containers that are accepted. These labels will remain on the primary container as long as it remains at this facility. The only exceptions to this would be in conjunction with Hazard Communication Standards, at which time, you would be notified by Hazard Communication Agent. The second method for accomplishing labeling would occur when secondary container transferring occurred. Under these circumstances, only authorized personnel will be allowed to transfer hazardous materials or substances from the primary container to a secondary container. They will also have the responsibility to transfer appropriate label information to the secondary container, to create uniformity and compliance throughout the facility. Product Labels I. How to Determine if a Material is Hazardous A. OSHA Definition: A hazardous material is any material which could cause injury or death to a person, or could damage and pollute land, air or water. B. Determination can be made by: 1. Reading the Warning Label 2. Reading the Inventory Roster in the Material Safety Data Binder to locate the 1VMSDS 3. Reading the Material Safety :Data Sheet C. Two Government Agencies which regulate the definition of Hazardous Materials 1. The Environmental Protection Agency, takes care of pollution to the environment 2. The Occupational Safety and Health Administration, takes care of hazards to the employee II. The Container Warning Label A. The warning label is the fastest and easiest way to gain basic information, given to you by the manufacturer. Always read the warning labels before using the product. B. Label Information 1. Chemical Name 2. Hazard Warnings — three kinds a) CAUTION: the least hazardous type of material b) WARNING: a more hazardous type of material c) DANGER: extremely hazardous material. If marked DANGER ask for more information. 3. Hazardous Ingredients 4. Manufacturer's Name and Address 5. Appropriate cautions and personal protective measures C. Additional Information on Labels 1. Basic Warnings a) Keep Away From Flames b) Avoid Skin Contact c) Avoid Breathing Vapors 2. Fire Information/Protection a) How Flammable is the Product b) Type of Fire Extinguisher to use to stop a fire 3. First Aid 4. Spill Information/Protective Clothing to Wear if Handling a Spill 5. Handling and Storage a) How to handle b) What Protective Clothing to wear to handle c) Where and How to Store 6. Disposal of Empty Containers and Unused Portions D. If the Product Has No Label 1. Do not handle until further information provided 2. Determine what is in the container 3. Label the Container E. Replacement Labels 1. Replace labels that are unreadable, or torn, or when transferring material from one container to another F. Secondary Container 1. A secondary container is any container that holds material from a primary source. Ex: spray bottle, squeeze bottle 2. At a minimum, secondary containers must be labeled with the name of the contents and any hazard warnings, including any health and physical hazards. Physical hazards include fire or flash point hazards, reactivities, and any specific hazards. 3. The company will provide all chemicals necessary to perform the job function. Do not bring chemicals from home to the workplace without proper authorization. If authorized the chemical must be properly inventoried, labeled, and if appropriate an MSDS put on file. Section Four Material Safety Data Sheets (MSDS) and the MSDS Binder 1. The MSDS contains the most information about any hazardous material. A. Manufacturer is required by law to supply an MSDS with every material they sell. B. The MSDS must include the following information: 1. Manufacturer's name and address a) Phone number b) Emergency response number (spill & physical) 2. Chemical identification a) Chemical name b) Trade name 3. Hazardous ingredients a) What is in the material b) Permissible exposure limits c) Threshold limit values 4. Physical and chemical characteristics a) Characteristics of material b) Evaporation data c) Specific gravity 5. Fire and explosion hazards a) Flash point b) What type of extinguisher to use c) Protective equipment necessary in a fire 6. Reactivity — does it react with other materials 7. Health hazards a) What symptoms might be felt if exposure occurs b) What type of first aid is required 8. Precautions and control measures a) How to properly treat, store and handle spills b) List personal protective equipment recommended when working with the material c) Any other special precautions IL MSDS sheets will be obtained and maintained by A. S/he will contact all suppliers, and/or manufacturers and request MSDS on all hazardous materials supplied to us. B. Requests will be made by phone or registered mail. If the MSDS is not received from the supplier within 25 days, CAL/OSHA will be notified, by registered mail as required by law. C. Upon receipt of the MSDS s/he will verify for completeness utilizing the MSDS checklist provided. If there are omissions, a copy of the checklist will be sent to the manufacturer and a request for a new and complete MSDS will be made. If not received within 25 days, CAL/OSHA will be notified. III. An MSDS Binder shall be maintained at every worksite. A. The binder will be kept in a location that is accessible to the employees of all workshifts. B. The Binder will contain: 1. The name of the individual(s) responsible for compiling the binder, including updates and removal of sheets on products no longer in use. 2. The written Hazard Communication Program. 3. Explanation of how to use the Binder. 4. A list of all hazardous chemicals (Hazardous Material Inventory Roster) for any and all areas of work, including the office, the shop, and materials used by the drivers. Such materials include but are not limited to: pesticides, paint, solvents, antifreeze, used oil, batteries, used oil filters, window washer fluid, cleansers, fuel, floor wax, etc. 5. A separate MSDS for each chemical used at the facility. If an MSDS is not received from the supplier, a) Make a request in writing to the supplier that an MSDS be sent as soon as possible; and b) Include documentation of the request in the binder. 6. A record of training and those in attendance. 7. Contractor Notification Sheet. MSDS DEFICIENCIES CHECKLIST 1. Product Information: a. Manufacturer/MSDS Preparer: b. Address: c. Product/Trade Name: 2. MSDS Deficiencies (Check those missing from label) ❑ a. Product identity/trade name matches the label identity. ❑ b. Chemical and common names of each hazardous ingredient. ❑ C. CAS number for each hazardous ingredient. ❑ d. Physical data (flash point, vapor pressure, etc.) ❑ e. Potential fire hazard. ❑ f. Potential explosion hazard. ❑ g. Potential reactivity. ❑ h. Health hazards (in laymen's terms) ❑ i. Potential routes of entry (absorption, ingestion, inhalation) ❑ j. Signs and symptoms of exposures. ❑ k. Medical conditions aggravated by exposures. ❑ 1. OSHA PEL's / ACGIH TLV's. ❑ In. OSHA, NTP, and IARC carcinogen status. ❑ n. Hygienic practices. ❑ o. Safe handling practices. ❑ p. Protective measures for repair and maintenance of equipment. ❑ q. Spill cleanup procedures. ❑ r. Control measures (engineering, work practices, personal protective equipment.) ❑ S. Emergency and first aid procedures. ❑ t. Date of MSDS preparation or revision. ❑ U. Name, address, and emergency phone number of MSDS preparer. 3. Inaccurate Information Noted on MSDS: 4. Company of Use: Address: 5. Reviewer of MSDS: Date: Location: Material Safety Data Sheets Glossary of Terms Absorption: The movement of hazardous material through the skin into the blood stream Acute: Short term effect, usually occurs when exposed to a chemical for a short time. Boiling Point: The temperature at which a liquid becomes a gas. Catalyst: A chemical which causes a chemical reaction to happen faster Ceiling: The maximum level of permitted exposure to a material. Combustible: A liquid that becomes flammable when it reaches a temperature of 100 degrees Fahrenheit. Concentration: Parts per million, is a volume per volume relation of concentration, i.e. there are so many parts of a material per one million parts of another substance. Decomposition Products: Products that are released when a material is exposed to aging, heating, burning, air, or allowed with another material. Evaporation Rate: The time it takes a given amount of material to completely dry up, using ether which evaporates quickly, or butyl acetate which evaporates very slowly as the measure. Flammable (Explosive) Limits — LEL and UEL: A flammable material will burn in air when ignited. Materials are either flammable, explosive, or combustible. When a material concentration is below the Lower Explosive Limit, :LEL, the material is too lean to burn. When the material concentration is above the Upper Explosive Limit, UEL, the material is too rich to burn. The material will burn if the concentration is between the LEL and UEL. Flash Point: The temperature at which a flammable liquid produces enough vapor to burn. Incompatibility: List of materials which should not be mixed with the material being used, in order to avoid a reaction. Ingestion: Taking a material by mouth and swallowing it. Inhalation: Breathing vapor or gas from a material. Inhibitor: A chemical which, when added to another, reduces the chance of a reaction. Oxidizing Agent: A material that gives off oxygen in a chemical reaction. Polymerization: A reaction with extremely high or uncontrolled release of energy. Reactivity: The ability of a material to undergo a reaction which releases heat or energy. Solubility: The tendency of a material to dissolve in water or other solvent. Stability: The tendency of a material to resist undesirable chemical changes during storage or transport. Threshold Limit Value (TLV)/ Permissible Exposure Limit (PEL): Both indicate the safe exposure levels, the level to which a person can be exposed each day with no adverse effects. Vapor Density: The weight of a vapor compared with an equal volume of air. If less than "one", the vapor will rise. If greater than one, it will tend to fall. Vapor Pressure: A high vapor pressure indicates a liquid will evaporate easily. Volatile Percent: The percentage of a liquid or solid that evaporates at room temperature. The higher the percentage, the faster the material evaporates. Fast evaporation means greater danger. Redacted due to Proprietary or Confidential Information (PDF P s, 2 - 10) Southland Transit, Inc. and Combined Financial Report Year Ended December 31, 2020 �v * M\ Nei II �v Ilz -0 ci 3 �v 5 -- 7 IlAkIld I. NZ6i n l� dw Baldwin Park Transit and Dial -A -Ride Survej On a scale 1 to 5 with 1 extremely dissatisfied and 5 extremely satisfied. 1. How is your overall experience with Baldwin Park dial -a -ride? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 2. Is your driver courteous and helpful? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 3. Does the driver operate vehicle safely/follows traffic laws? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 4. Have you taken the Baldwin Park Transit pumpkin or teal line? Yes No 5. How has your overall experience with Baldwin Park Transit pumpkin/teal line been? 1)extremely dissatisfied 2)dissatisfied 3) neither 4) Satisfied 5) extremely satisfied 6. What is the primary reason you use the bus? 1)Work 2)Senior Center 3) Shopping 4) Medical 5) School 7. How often do you ride the bus? 1) Once a week 2) 2-4 days a week 3) 5 days a week 4) 6-7 days a week 8. What time of day do you most often use Baldwin Park Transit bus? 1) 6am -gam 2) 9am —12pm 3) 12pm — 3pm 4) 3pm — 6pm 5) 6pm- 9pm 9. Will you continue using the bus service? 1)Definitely 2)Likely 3) Unsure 4) Not likely 5) Definitely not 10. What destinations) would you like to see Baldwin Park Transit add? Please let us know any comments, complaints, or concerns you may have. Thank you for your time. Would you like for us to contact you please write your name and number. Thank you Baldwin Park Transit and Dial -a -Ride Survey Analysis Total Surveys Received 1 22 1 1 Have you used Baldwin Park Transit Service On a scale 1 to 5 with 1 extremely dissatisfied and 5 extreme satisfied Teal Line Dial -a -Ride 17 1 1 17 1 2 If Applicable, how is you overall experience with Pumpkin Line 3 If Applicable, how is you overall experience with Teal Line 4 If Applicable, how is you overall experience with Dial -a -Ride 5 Is your driver courteous and helpful 6 Does the driver operate vehicle safety/follows traffic laws 2 3 4 5 5 14 6 13 3 12 2 2 17 2 2 17 7 What is the primary reason you use the bus Work Senior Center Shopping Medical School 6 21 14 13 7 8 How often do you rider the bus Once a week 2-4 days'a week 5 days a week 6-7 days a week 4 3 9 6 9 What time of day do you most often use Baldwin Park Transit bus 6am - 9arn 9arn - 12pm 12prn - 3prn 3prn - 6pm 6prn - 9pm 17 3 16 4 10 Will you continue using the bus service Definitely Likely Unsure Not Likely Definitely not 18 4 11 Are there any destination(s) would you like to see added to fixed route service Vineland Swapmeet West Covina Mall Frequent Buses Access Card Pay 12 1 1 1 12 Please provide us with any comments, complaints, or concerns you have that would assist us with redesigning the system for your regular use: Comments Complaints Concerns 0 I 0 0 9 a M Mma i': t i5 t�j 4 .l4k�?3 �i�Zn ti First Transit, Inc. December 9th, 2021 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 Phone: 513-241-2200 Ms. Sarah Zadok Fax: 513-684-8852 City Clerk City of El Monte 11333 Valley Boulevard El Monte, CA 91731 Re: Proposal for the City of El Monte Fixed Route and Paratransit Services Contract 2022 Dear Ms. Zadok, First Transit is pleased to submit this proposal to the City of El Monte for the Transit and Paratransit/Dial-A-Ride Operations — 2022 Request for Proposals. We have carefully reviewed the requirements outlined in the RFP and conducted extensive research to ensure we understand the City of El Monte's goals. Our proposal includes a suite of solutions that will achieve your goals of providing a quality, reliable, properly reported and innovative mobility program that meets the needs of your growing residential community. Our industry -leading transportation solutions include: • An experienced, local, highly qualified management team empowered to make decisions impacting service quality and continuity • Safety- and customer -focused training programs for operators and staff to ensure passengers have a positive experience every time they ride the City's fixed route and paratransit/Dial-A-Ride services • Competitive wage and benefits packages to attract and retain high -caliber candidates • Established operations and maintenance facility within El Monte • Stringent background screening protocols for new employees to garner a pool of only the most suitable candidates • A proactive, efficient, customizable fleet maintenance approach to reduce vehicle downtime and support service reliability • Extensive quality control measures to confirm superior service delivery and provide correct reporting data • Guidance from regional and corporate experts in operations, safety, maintenance, human resources, finance, and technology to support ongoing service quality • Solutions to improve and maintain the highest On -Time performance reachable • Reliable and friendly bilingual customer service agents to take all calls • Value-added technologies such as Passio (for fixed route services) and CTS TripMaster (for DAR/paratransit services) scheduling and dispatching technologies, DriveCam SF300 safety technology, Geotab ProPlus, First Transit's proprietary Management Information Dashboard and FirstBase fleet maintenance information system, and paperless shop technology These solutions have been tested, refined, and proven over First Transit's 65 years of experience in the passenger transportation industry. Today, these policies, programs, and procedures form the foundation of our network of nearly 350 successful operations in North America. When applied in El Monte's operational environment, our proposed solutions will support an innovative fixed route and paratransit/Dial-A-Ride experience for your passengers. We also recognize that cost efficiency is necessary for service sustainability. First Transit's solutions prioritize the responsible management of your operating dollars. Our proposal details myriad ways in which we do this, including reducing overtime, employee turnover, maintenance costs, and costs related to safety issues. Of further benefit to the City, First Transit has experience in the fixed route and paratransit/Dial-A-Ride area and has tailored our proposed approach to the characteristics and challenges unique to transit operations in this area. For example, First Transit operates the nearby services for Alhambra, Sierra Madre and San Gabriel just to name a few, where we First CA' Transit F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LFtYKN�F�� e successfully mitigate the challenges that El Monte faces today, all while providing high -quality, customer -focused service each day. Furthermore, as an established transportation provider within the City limits of El Monte, we understand the needs of the customer, key travel destinations and potential travel time issues within the community. First Transit's approach will help ease the reservation process and create a more dependable service for the City of El Monte. Throughout the contract term, First Transit will draw from our extensive organizational and local knowledge to update our approaches and identify new, innovative operational strategies as your service evolves. We are confident that our local experience and tested solutions position us as the best provider for the City of El Monte's fixed route and paratransit/Dial-A-Ride services. We acknowledge the receipt of the following: • Addendum 1, issued November9, 2021 • Addendum 2, issued November 16, 2021 • Addendum 3, issued November 16, 2021 Please also note the following related to the ongoing COVID-19 pandemic: • Due to the unknown timeline of how COVID-19 will impact public transportation and travel restrictions, we request that the start-up date be further discussed to include flexibility once the COVID-19 impact is fully understood by both the City of El Monte and First Transit. • Due to the unknown impact of COVID-19 and the time it will take service volumes to return to the City's historical normalcy, when appropriate we would request further discussions and negotiations with the City on how to adequately cover our operational fixed costs due to reasons beyond First Transit or the City's control — for example, when the revenue time, miles or hours is below what bidders have been asked to price. First Transit is excited to explore a future partnership with the City of El Monte as you consider the next phase of your transportation service's evolution. Your primary contact for this opportunity is Rashidi Barnes, Director of Business Development, MaaS. He can be reached at (949) 400-4839 or R� g �k � � and is ready to answer any questions you may have or to discuss our capabilities as a provider. Sincerely, Bradley A. Thomas, President First Transit, Inc. i` I i f a 0 VZOT"GlIty4i COVERLETTER.....................................................................................................................................................................................................1 SCOPEOF SERVICES...........................................................................................................................................................................................3 SUMMARY: SCOPE OF SERVICES COMPLIANCE.......................................................................................................................................................3 BACKGROUND AND EXPERIENCE OF THE PROPOSER..................................................................................................................................5 ABOUTFIRST TRANSIT..........................................................................................................................................................................................5 OURHISTORY.......................................................................................................................................................................................................6 OURVISION AND VALUES......................................................................................................................................................................................6 COMPANYINFORMATION CHART............................................................................................................................................................................7 WHATSETS FIRST TRANSIT APART........................................................................................................................................................................8 ProvenPerformance...................................................................................................................................................................................... 8 InnovativeTransportation..............................................................................................................................................................................8 Awardsand Recognitions.............................................................................................................................................................................. 8 MULTIMODAL OPERATIONS EXPERIENCE...............................................................................................................................................................9 Overviewof Experience................................................................................................................................................................................. 9 EXPERIENCE IN CALIFORNIA AND THE EL MONTE AREA.........................................................................................................................................10 CaliforniaExperience...................................................................................................................................................................................10 .....................................................................................................................................................................................................................12 ElMonte experience....................................................................................................................................................................................12 MICROTRANSITEXPERIENCE...............................................................................................................................................................................13 successStory ..............................................................................................................................................................................................13 MICROTRANSIT DEPLOYMENTS.............................................................................................................................................................14 ALTERNATIVEFUELS...........................................................................................................................................................................................14 Experiencewith Alternative Fuels................................................................................................................................................................15 MAINTENANCE CONSIDERATIONS FOR ALTERNATIVE FUELS..........................................................................................................15 Experience Operating and Maintaining Electric Fleets................................................................................................................................15 PROPOSED PERSONNEL AND MANAGEMENT PLAN....................................................................................................................................16 PROPOSED MANAGEMENT AND STAFFING STRUCTURE.........................................................................................................................................16 Cityof El Monte Local Leadership Team.....................................................................................................................................................17 ManagementTeam Responsibilities............................................................................................................................................................19 WESTREGION MANAGEMENT TEAM.....................................................................................................................................................................19 EMPLOYEETRAINING..........................................................................................................................................................................................21 OperatorTraining......................................................................................................................................................................................... 21 CustomerService Training.......................................................................................................................................................................... 25 CustomerRelations..................................................................................................................................................................................... 26 Conflict Resolution and Avoidance Training................................................................................................................................................ 27 DispatcherTraining...................................................................................................................................................................................... 27 RoadSupervisor Training............................................................................................................................................................................ 29 MaintenanceTechnician Training................................................................................................................................................................ 31 First America University (Confidential)........................................................................................................................................................ 33 FIRSTTRANSIT'S SAFETY APPROACH...................................................................................................................................................................34 EstablishingSafety as a Core Value........................................................................................................................................................... 34 OurSafety Commitment in Action............................................................................................................................................................... 39 SafetyRecord.............................................................................................................................................................................................. 41 EMPLOYEEWAGES AND BENEFITS.......................................................................................................................................................................42 SalaryRange and Benefits.......................................................................................................................................................................... 42 Employee Recruiting and Hiring Program — hIRING Talented Employees.................................................................................................. 45 EmployeeRetention.................................................................................................................................................................................... 49 STAFFINGLEVELS...............................................................................................................................................................................................51 MAINTENANCE PROGRAMISTRATEGY...........................................................................................................................................................51 FIRST TRANSIT'S COMPREHENSIVE MAINTENANCE PLAN.......................................................................................................................................51 Protecting The City's Investment and Ensuring Fleet Reliability................................................................................................................. 51 Preventive Maintenance Program............................................................................................................................................................... 53 Management of the Maintenance Process.................................................................................................................................................. 56 MaintenanceQuality Assurance..................................................................................................................................................................59 FirstBase and Key Performance Indicators................................................................................................................................................. 59 Respondingto Road calls............................................................................................................................................................................ 60 VehicleAppearance..................................................................................................................................................................................... 61 Recognizing Maintenance Excellence......................................................................................................................................................... 62 MAINTENANCEOF EQUIPMENT.............................................................................................................................................................................63 MAINTENANCEPERSONNEL.................................................................................................................................................................................64 PREVENTIVE MAINTENANCE PROGRAM................................................................................................................................................................64 BACKUPTRANSIT BUS.........................................................................................................................................................................................64 FIXED ROUTEIDIAL-A-RIDEIPARATRANSIT OPERATION PLAN...................................................................................................................64 OVERALLOPERATION PLAN.................................................................................................................................................................................64 ACHIEVINGYOUR GOALS....................................................................................................................................................................................65 Increase Reliability and On -Time Performance........................................................................................................................................... 65 Lean Operating Practices and 5S Processes.............................................................................................................................................. 66 ImproveCustomer Service.......................................................................................................................................................................... 67 MaximizeProductivity.................................................................................................................................................................................. 68 DAILYOPERATIONS.............................................................................................................................................................................................68 Customer -Focused Reservations................................................................................................................................................................ 69 EfficientParatransit Scheduling................................................................................................................................................................... 70 EffectiveDispatch Procedures..................................................................................................................................................................... 70 ComprehensiveRoad Supervision.............................................................................................................................................................. 71 woSafe, Customer -Focused Operators....................................................................................................................................................... 72 sir DressCode.................................................................................................................................................................................................. 73 Fare Processing and Management.............................................................................................................................................................. 73 OVERCOMING TYPICAL OPERATIONAL ISSUES......................................................................................................................................................74 Gapsin Fixed -Route Service....................................................................................................................................................................... 74 Delivering High Productivity and Excellent Customer Service for Paratransit customers........................................................................... 75 Same -Day Paratransit Schedule Changes.................................................................................................................................................. 75 In -Service Vehicle Failures.......................................................................................................................................................................... 76 UnusualTraffic Conditions........................................................................................................................................................................... 76 FareDisputes.............................................................................................................................................................................................. 76 Emergency Response Training for All Employees...................................................................................................................................... 76 EXCELLENCE THROUGH ADVANCED TECHNOLOGY................................................................................................................................................76 TechnologySupport..................................................................................................................................................................................... 77 Proposed Technology for the City of El Monte............................................................................................................................................ 77 DISPATCHING/SOFTWARE .................................................................................................................................................................................... 85 FACILITY/FUELING DESCRIPTION....................................................................................................................................................................86 IMPLEMENTATION/TRANSITION PLAN............................................................................................................................................................87 SEAMLESSTRANSITION APPROACH.....................................................................................................................................................................87 TransitionTeam........................................................................................................................................................................................... 88 KeyTransition Tasks................................................................................................................................................................................... 88 TransitionTimeline...................................................................................................................................................................................... 90 An Example of Our Successful Transitions................................................................................................................................................. 90 ACCOUNTING AND REPORTING EXPERIENCE.........................................................................................................................................................90 FirstTransit Reports.................................................................................................................................................................................... 91 BUSINESSINCLUSION PLAN.................................................................................................................................................................................92 Aboutour Proposed DBE Partners.............................................................................................................................................................. 92 Identifying and Developing Disadvantaged Businesses.............................................................................................................................. 93 Experience with Disadvantaged Business Inclusion.................................................................................................................................... 94 COSTPROPOSAL FORM....................................................................................................................................................................................94 LISTOF REFERENCES.......................................................................................................................................................................................94 CITYOF ROSEMEAD (CA)........................................................................................................................................................................................ 94 CITYOF MONTEREY PARK (CA)................................................................................................................................................................................ 95 CITYOF PASADENA (CA)......................................................................................................................................................................................... 95 CITYOF ALHAMBRA (CA)......................................................................................................................................................................................... 96 POMONA VALLEY TRANSPORTATION AUTHORITY (LAvERNE, CA)......................................................................................................................................96 ClientList..................................................................................................................................................................................................... 97 ClientSatisfaction........................................................................................................................................................................................ 97 FINANCIALRESPONSIBILITY............................................................................................................................................................................99 FINANCIAL STABILITY (CONFIDENTIAL)..................................................................................................................................................................99 Foundationfor our Financial Stability.......................................................................................................................................................... 99 Evidenceof our Financial Capacity............................................................................................................................................................. 99 PERFORMANCEBOND.....................................................................................................................................................................................100 VERBAL AGREEMENT OR CONVERSATION.................................................................................................................................................100 ATTACHMENTS.................................................................................................................................................................................................101 • ■ � r i .► � • • i SCOPE OF SERVICES First Transit has operated within the city limits of El Monte for more than 20 years. As the operator for multiple cities in the area (Alhambra, Rosemead, San Gabriel and Monterey Park, to name the nearest), most of the passengers that ride our current service are also passengers for on the City of El Monte Transit and Paratransit Services. Our existing relationship with these customers and the region itself will ensure an easy transition from one contractor to another. With the convenience of having a facility less than five (5) miles away from City Hall, we are confident in our ability to operate these services from our existing location in El Monte. By leveraging a transit facility that is already under operation, El Monte will realize savings in areas such as reduced deadhead, management and staffing costs, fuel, and startup costs. More importantly, with 13.5% of the City of El Monte population, 65 or older, it is imperative that a public service, like public transit, remains an effective way to support individual's mobility needs. Whether it's getting passengers to the senior center or to the local Metrolink Station, First Transit is committed to becoming a long-term partner with the City of El Monte and its community and our knowledge of the service area will prove to be a benefit to all. After careful review of our proposed operations plan and the RFP Scope of Services specifications described in section I.B. Scope of Services of the El Monte Transit and Paratransit Operations RFP, we are confident that we are compliant with all requirements set forth by the City of El Monte and will provide safe, efficient, customer -focused, and economical transit services in accordance with the fixed route maps and schedules published and approved by the City, as well as paratransit/Dial-A-Ride (DAR) service for El Monte's elderly and disabled passengers. We have addressed these various the Scope of Services compliance task requirements throughout the whole of this proposal draft. However, for convenience, we have highlighted key task compliance and cited further information in the table below. First ® Transit 3 °\�� %�22 BACKGROUND AND EXPERIENCE OF THE PROPOSER €aR n For 66 years, First Transit has been committed to providing safe, reliable, high -quality mobility solutions that connect people and communities. Today, First Transit has more than 20,000 employees across our transit businesses. In 2021, we operated and maintained ore than 45,000 vehicles in more than 300 contracts in the US and Canada, transporting 1million passengers. Our expertise lies in providing efficiency, reliability, innovation, safety and customer service for public and private transportation systems. We have hands-on experience with every facet of transportation operations, maintenance and administration. Our expertise includes the following service types and areas of focus: • Fixed route • ADA paratransit • Microtransit mobility solutions 39 United states and the District of Columbia 3 Canadian provinces Puerto Rico Daily call volume through call centers • Call centers and brokerage services for human service transportation • Flex or deviated fixed route • University shuttles • Airport shuttles • Autonomous vehicle operations • Mobility as a Service (MaaS) solutions • Streetcar systems • Maintenance and facilities management • Alternative fuel operations and maintenance, including CNG, LNG, LPG and hybrid • Electric vehicle operation and maintenance From large urban systems to small rural services, First Transit has solutions for projects of all types, sizes and scopes. We oversee our clients' services under both turnkey and management contracts. Firstro Transit F'YOE. Et. Rj'4.' � Uryh V FS 7 '1N1: (512iv:'; �Sc9LFtYKN�F�e OUR HISTORY First Transit's history begins in 1955 with its founding as American Transportation Enterprises. Over the next four decades, the company changed periodically through a series of acquisitions and mergers. In 1999, the firm was acquired by UK -based company, FirstGroup, plc, and became First Transit. On July 22, 2021, First Transit was procured by EQT, and is independent of FirstGroup. Our company continues to grow primarily through successful contract awards — a result of our reputation of excellence. While our company's name has changed since its founding, First Transit's commitment to our clients, our passengers, and our staff has remained unchanged. tl { Ryd.OMLS First Transit 'hintfl—rind, communities. First Transit's Vision: We provide easy and convenient mobility, improving quality of life by connecting people a As communities across the US face expanding population numbers, transportation agencies are faced with growing demand for passenger transportation and increasing traffic congestion. At the same time, passengers expect a high level of service quality, convenience and reliability. First Transit's clients look to us for creative mobility solutions to address these challenges. Our vision unites our operations and serves as the guiding philosophy under which First Transit addresses our clients' evolving mobility needs. The transportation services we provide are critical to connecting millions of people to their homes, businesses and other key destinations within their cities and surrounding areas. Our services help to create strong, vibrant, and sustainable local economies — leading to prospering communities. At First Transit, we achieve our vision through our employee's daily commitment to our five core values: EQT acquires F-fT-st communities. First Transit's Vision: We provide easy and convenient mobility, improving quality of life by connecting people a As communities across the US face expanding population numbers, transportation agencies are faced with growing demand for passenger transportation and increasing traffic congestion. At the same time, passengers expect a high level of service quality, convenience and reliability. First Transit's clients look to us for creative mobility solutions to address these challenges. Our vision unites our operations and serves as the guiding philosophy under which First Transit addresses our clients' evolving mobility needs. The transportation services we provide are critical to connecting millions of people to their homes, businesses and other key destinations within their cities and surrounding areas. Our services help to create strong, vibrant, and sustainable local economies — leading to prospering communities. At First Transit, we achieve our vision through our employee's daily commitment to our five core values: EQT acquires F-fT-st The City of El Monte can be confident we will apply these values to our operation of the fixed route, paratransit, and Dial -A -Ride services each day: • We prove our commitment to our customers through operational approaches focusing on a positive customer experience through consistent on -time performance and safety. • Our dedication to safety is demonstrated through a holistic safety approach that forms the foundation of our training, maintenance and operational approaches. • We support each other through multiple layers of local, regional and corporate support to resolve challenges and maintain excellent service. • We hold each other accountable for our performance through detailed service analysis capabilities through First Transit's proprietary Dashboard application. • We set the highest standards for our service delivery for On -Time Performance, data reporting, and customer service —our team takes pride in knowing El Monte and its residents. F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LIFtYKN�F�� e as ■ a a t Although the sheer number of First Transit's contracts is impressive, we stand apart in our industry with a strong record of performance. We bring the experience, methodologies and resources to every project to assure our clients of a reliable, safe, customer -focused service. As mentioned before, these same methodologies have been used in neighboring cites for decades to support their various operational needs. Reliable .1 out of 10 Clients rated "Firstr7- perf rrr a s hp° 02f CustomerSarzsL�rcthx?Survey in s afety Ivith 202 i T( s.. ce�ntz�r cra fP rate of TRANSPORTATION -------------------------- Safe Customer Focused U INNOVATIVE First Transit keeps customers on the forefront of the • ,1 Gaut �f 1 iients flats "First Tiansitpro ices quality service transportation industry with innovative technologies, , 2 xV } . t�,k-�,�:�ssr.Yr�`c�&�* ;r? �.,?� l �"S�L�"ilc'V .���v c?t.ttoY1 approaches and strategies that bring real value to Survey our clients and passengers. We are currently exploring the introduction and operation of microtransit services to two cities neighboring El Monte, including trips that can transvers El Montes boarders. Based on the 2018 Moore and Associates (M&A) study, an interregional service will increase overall service frequency as well as extend service into neighboring areas. Which will meet the needs of the City's changing mobility needs. ABILITY AS A SERVICE Mobility as a Service (MaaS) is rapidly changing the way riders and agencies interact. MaaS platforms unite all available modes of transportation in one user interface, including public transit, ridesharing, bike -sharing, and private transit services. This allows passengers to plan and customize their journey with ease. Keeping pace with this industry shift, First Transit has collaborated with technology providers to develop and identify effective MaaS solutions for our clients. As part of this effort, First Transit recently introduced our proprietary Jaunt app to bring MaaS solutions to our customers. With Jaunt, passengers have an integrated platform that displays all available mobility options and enables seamless journey planning. Jaunt can allow for the City's passengers to efficiently manage all of their trips, with visibility into neighboring schedules for services like Foothill Transit and Metrolink as well as provide a mobile fare payment option for all riders. If the City is moving forward with the 2018 M&A study recommendation of implementing Token Transit, Jaunt can be J A U N T the single customer interface to enable such mobile payment as well as provide riders with a complete trip that incorporates, walking and transit directions. AWARDS AND RECOGNITIONS First Transit is proud of the many awards and accolades we and our clients have received in recognition of the high -quality transportation services we provide. Highlights of recent honors and achievements include: • First Transit, along with its sister companies, First Student and First Vehicle Services, has 145 ASE Blue Seal of Excellence Certified Shops, more than all our competitors combined. We have achieved this prestigious certification for many of our facilities within two years or less after taking over the service. • Many of our managers, region and corporate support personnel have been included in the annual "Top 40 Under " feature by Mass Transit Magazine. • In 2021, Forbes partnered with market research firm, Statista, to survey 50,000 Americans working for businesses with at least 1,000 employees and found First Transit was one of "America's Best Large Employers" at 47, and one of "America's Best Employers for Diversity" at 370. • Brownsville Metro in Brownsville, TX won the FTA Region VI System of the Year. • North CarolinaPublic Transportation ssociation has recognized Columbus County with its 2020 Safety Award. • Columbus County Transportation in Whiteville, NC was recognized as best in the state, three years running for operating more than 500,000 miles accident free. • The American Public Transportation Association (APTA) has recognized the Central Ohio Transit Authority (Columbus, OH), TransLink (Vancouver, BC) and the Metropolitan Transit Authority of Harris County (Houston, TX) for Outstanding Public Transportation System in 2018, 2019, and 2020, respectively. • Southwest Transit in Eden Prairie, MN won the APTA Certificate of Meritfor Safety. • First Transit's operation for Rochester Public Transit was recognized as the 2020 Minnesota Public Transit System of the Year. • Our Vice President of Safety, David Perez, was named to the National Safety cil's new task force, SAFER, with the objective to guide employers through the process of safely resuming operations now and in a post -pandemic environment. SAFER was created in partnership with leading safety organizations, public health professionals and safety -focused private companies, like First Transit. l First Transit is an experienced provider of fixed route and paratransit operations throughout the United States and Puerto Rico. We manage more than 30 systems that are a combination of paratransit and fixed route services, offering millions of trips on an annual basis in both rural and large metropolitan settings. First Transit is an accomplished provider of Americans with Disabilities Act (ADA) paratransit services. This includes all reservations, scheduling, dispatching, customer service calls and fare collections. All operators attend an annual ADA training to ensure they follow all requirements and help First Transit provide superior customer service. We understand the City of El Monte looks to us to use our expertise in both areas to offer a combined fixed route and paratransit service to your community. We leverage our experience with fixed route and paratransit routes to provide the City with expert management, cost - savings measures and consistently high -quality operations. Our turnkey packages are customized for each client, offering a comprehensive, solution -specific approach. "The local First Transit team has made many adjustments to service levels and gone above and beyond to support local government," Johnson County, KC Customer survey results We manage the operation of fixed route and paratransit services for many locations. A sample list of a few of our long-term customers for whom we provide these valuable services is below: r F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LFtYKN�F�� e First Transit prides itself on the continued improvements to our fixed route and paratransit locations. We invest in our clients, our staff and passengers through enhancements in safety, training, customer service, operations efficiencies, employee relations, and customer and contractor relationships. These areas are the foundation to creating a lasting partnership with our clients. In our 2021 customer survey, our average score from customers o "likelihood o renewing our contract with First Transit" was 9.1 out of 1 O. "Our Local Management team is extremely responsive, professional, reliable and communicative. wilt on the trust they have earned and consistently reinforce with transparency and dedication to excellence, the overall working relationship they have with us is extremely strong." —City of Pasadena Customer Survey Results With more than 70 locations across the State of California, First Transit, First Vehicle Services, and First Student are by far the largest private suppliers of transportation services in the state. First Transit and First Vehicle Services collectively operate 35 separate contracts in California. First Transit's California operations and management experience includes all types of transit operations, including Shared Autonomous Vehicle (SAV), shuttle, paratransit, and fixed route. These represent fleet sizes ranging from one vehicle to more than 300. A few of our current operations neighbor the El Monte area. With service contracts in Pasadena, San Bernardino, OCTA, Cerritos and Norwalk we have a regional support team that can be leveraged to support the El Monte Transit operation. First Transit and First Vehicle Services' multiple California locations offer opportunities for shared resources and development of best practices with existing and future First Transit locations. Nothing speaks to our strength as a transportation provider like the number of clients who renew contracts with First Transit. In addition to our strong company -wide record, many of our California clients have been with First Transit fort o decades or more. First Transit has partnered with Tri Delta Transit (formerly, the Eastern Contra Costa Transit Authority) in Antioch, CA for more than 30 years. "The local First Transit team is supported by an extensive corporate team that has been invaluable over the years. I am impressed with the depth of mailable support, the ongoing training provided to the local management team, and the overall approach to employee management." - Jeanne Krieg, Chief Executive Officer, Tri Delta Transit 10 First rrTransit In addition to our long-standing partnership with Tri Delta Transit, First Transit has maintained a flourishing relationship with the City of Pasadena for nearly 20 years. This relationship has continued to foster growth, innovation, and quality service achievement, forming a foundation of solid performance and a shared passion for meeting the needs of the City's fixed route and Dial -A -Ride passengers. We have achieved many successes during the history of our partnership with the City of Pasadena. First Transit's participation in and leadership of innovative transportation services in the State of California is unsurpassed. We led the charge to incorporate shared autonomous vehicles (SAV) into the suite passenger transportation services available to the public. This began in 2016 with our groundbreaking partnership with GoMentum station, one of 10 federally approved autonomous vehicle testing grounds. Since then, we have completed four SAV initiatives in partnership with public and private entities throughout the state and the country. Although SAV's may not be on the City's mobility roadmap, as a partner of First Transit, we encourage the City to tap into our wealth of knowledge and experience when the time is right. In addition to our work with autonomous vehicles, First Transit operates several technology -driven services in California. These include accessible service operations for Lyft passengers in San Francisco and Los Angeles and microtransit services with Tri Delta Transit (Antioch, CA), San Bernardino and the Far North Regional Center (Redding, CA). SUCCESSFUL CALIFORNIA HIGHWAY PATROL (CHP) INSPECTIONS First Transit is committed to operating our facilities in a manner that merits positive ratings from regulatory agencies and the inspections we are subject to, including California Highway Patrol (CHP) inspections. First Transit has never failed a CHP inspection due to mechanical fault. We take considerable pride in our preventive fleet and facility maintenance programs and ensure that all aspects of our operation meet our standards for excellence. COMMITMENT TG DIVERSITY First Transit commits to diverse companies with opportunities to grow and develop. At many of our California operations, First Transit exceeds the goal set forth by our customers for disadvantaged, small, and minority -owned business participation. First Transit was nominated for the California Disability ServicesAssociation's Excellence in Employment Award Program for our efforts to expand job opportunities for persons with developmental disabilities in San Diego, CA. Awards and Recognitions First Transit's success in California is further evidenced through the awards we have received and helped our clients to receive: • Tri Delta Transit — named the Best system of its size in North America by the American Public Transportation Association • Service Provider of the Year from San Andreas Regional Center — Santa Cruz • CTAA Rural System of the Year — Estuary Transit District F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LFtYKN�F�� e Operating half of a dozen transit service locations within only a few miles of the El Monte area, First Transit is intimately familiar with the unique transit needs of the City of El Monte. These locations include as far North of El Monte City Hall as Santa Anita Ave. and Santa Clara St. for our City of Arcadia location, including the Methodist Hospital and various medical offices in the area, Northwest from City Hall as far as Las Tunas and Mission Rd. for the City of San Gabriel, including the San Gabriel Medical Center, as far Northeast of City Hall as the City of Hope National Medical Center for the City of Sierra Madre, and as far East of El Monte City Hall as Cameron Street and Sunset in West Covina, including Kaiser Hospital/ Medical Centers and Queen of the Valley Hospital, for our City of Rosemead location. Our size puts the experience and resources of a large company at the City of El Monte's service, but our relationship to the local region offers the responsiveness and familiarity of an organization much closer to home. "Incredibly responsive... We transitioned to First Transit during a pandemic, with literally not e single complaint from any customer."— City of Rosemead FIRST RANSIT's NEARBY EL MONTE CLIENTS Customer Survey Results I of Arcadia City of Rosemead 04 . City of San Gabriell How satisfied are you OVerall with your local F irst Transit management tearn? ffHOW WOUld YOU rate the overall value of the service your organization received frorn First Transit? if your contract expired today how likely would you be to L continue your relationship with First Transit? 12 First ® Transit MESA', v 14 � r . First Transit, as a leader in the transportation industry, understands that transportation services must evolve to meet the changing needs of our passengers. Microtransit services, an on -demand transportation, is one such solution that has been successful in improving system flexibility, efficiency and convenience. The idea is to provide mobility solutions to better connect various communities and/or zones to increase the use of public transit. In many of these operations, First Transit partners with our clients in evaluation, planning, service design and implementation to develop the best fit for the community. With microtransit solutions, passengers can travel to pre -determined stops with ease on demand. Technology is a vital component of microtransit operations, as passengers use mobile apes, or call a designated number, to request a ride. The technology solutions implemented usually allow for designation of an ADA accessible vehicle for those passengers with disabilities. Passengers and dispatchers can see the real-time location of their vehicle, making commutes and trip planning much easier on the part of the passenger. User, driver, and administrative training are essential to the successful deployment of a microtransit system. This training has a profound impact on every aspect of service delivery, including safety, customer service, overall quality, efficiency, and more. Our SaaS provider will work diligently to see that the City's customers receive the tools they need to manage their travel. From Data collection and reporting to launching an effective marketing campaign, our team has extensive experience in all aspects of planning, deploying, and managing microtransit services across the country. First Transit operates various types of microtransit services for our clients. Whether microtransit services are being added to a larger contract that we already oversee, or to a new operation, we can help design and implement the microtransit zones, routes, technology, operators and vehicles for El Monte. Our current portfolio includes microtransit operations from Bowen Island in Vancouver, British Columbia to San Bernardino and Antioch, California, as well as college campuses like Louisiana State University and the University of Tennessee. Each service model is unique to the specific demographics and location being served, giving First Transit the breadth of experience to have worked with a wide array of service models and technologies. We look forward to furthering our conversations with City staff about our experience and the best practices in the world of microtransit. 014Ella 016011 N] N DEMAND SERVICE TART -UP IN SAN BERNARDINO OmniTrans was looking for an efficient way to meet the mobility nee ds in areas with less demand, such as Chino Hills. Chino Hills required a transportation solution that met operational costs and passenger demands effectively. With the increasing popularity of on - demand transit services and the necessity to provide valuable service, First Transit had an opportunity to develop a microtransit on -demand service for OmniTrans passengers in the Chino Hills local area. RZORM To offer a more individualized approach to the service, in 2020 First Transit worked with OmniTrans to develop a microtransit pilot service, branded as OmniRide. OmniRide started in the Chino Hills area, allowing residents, visitors, students and employees the ability to autonomously order their transit rides directly from the OmniRide On -Demand mobile app. This service also accommodates people with disabilities traveling with a mobility device. Keeping innovation at the forefront of the OmniTrans services, First Transit partnered with RideCo to provide a user-friendly mobile app that makes it easy for passengers to schedule and pay for their transit needs efficiently. Passengers can download and start using instantly. From OmniRide's startup in September 2020 to August 2021, we provided nearly 4,000 microtransit rides. Since OmniRide was successful and impactful to the area, First Transit has increased the availability of on -demand services to even more First Transit 13 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e OmniTrans passengers. In August 2021, OmniRide expanded into a second nearby area, Upland, as well. OmniRide has improved First Transit's use of resources, enhanced customer service with flexibility and customized service, and lowered operational costs. The number of passengers using this accommodating and affordable on -demand microtransit in Chino Hills and Upland, has more than tripled since it began, and is increasing more every day. Plans are underway to add OmniRide to a third community, Bloomington, in early 2022. I:f I[II : to] I:7.,1►IRAI111;1aIW IVA1: 9kiI More information is included below on just few of our microtransit operations. REM -RIDE, FAR NORTHERN REGIONAL CENTER (REDDING, ) The Far Northern Regional Center (FNRC) is a nonprofit organization providing services to the persons with developmental disabilities in Redding, CA. With increasing job opportunities for its clients, FNRC recognized that additional transportation options for its clients would be necessary. FNRC reached out to its long-time partner, First Transit, to develop a new, on -demand transportation service in 2017. Known as Redi-Ride, this on -demand service provides ambulatory and wheelchair -accessible trips for FNRC's clients. Clients or their aides can book trips via an app-based solution. Passengers can also call First Transit's dedicated call center staff for after hours, weekend, or future reservations. Since the beginning of this program ridership has increased, we now provide 600 rides per month in Shasta County and Tehama County. WIDE, OMNiTRANS (SAN BERNARDINO, ) In 2020, First Transit worked with OmniTrans to develop a microtransit pilot service, branded as OmniRide. OmniTrans was looking for a more resourceful way to meet the mobility needs in areas with less demand, such as Chino Hills, an area that needed a transportation solution that met operational costs and passenger demands effectively. OmniRide started in the Chino Hills area, allowing passengers the ability to autonomously order their transit rides directly from the OmniRide On -Demand mobile app, through RideCo. From OmniRide's startup in September 2020 to August 2021, we provided nearly 4,000 microtransit rides. Since OmniRide was successful and impactful to the area, First Transit has increased the availability of on -demand services to even more OmniTrans passengers. In August 2021, OmniRide expanded into a second nearby area, Upland, as well. The number of passengers using this accommodating and affordable on -demand microtransit in Chino Hills and Upland, has more than tripled since it began, and is increasing more every day. Plans are underway to add OmniRide to a third community, Bloomington, in early 2022. ALTERNATIVE FUELS The United States is a leading consumer of petroleum and other energy sources worldwide. To mitigate our Nation's dependency on traditional fuels, many transportation agencies and private transportation providers have transitioned to alternative -fueled fleets over the past few decades. These include hybrid vehicles, as well as those powered by Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG), Liquefied Petroleum Gas and propane. First Transit is committed to supporting the move to alternative -fueled vehicles. We can support the City of El Monte's selection and procurement of new alternative -fueled fleet assets, including developing specifications for this project. Further, we will ensure the health and longevity of these vehicles through industry -leading maintenance practices tailored for each fuel type. First Transit recognizes that the shared transportation services we offer are themselves an environmentally -friendly alternative to travel via individual automobiles. To this end, we provide services that are efficient, reliable, safe, and customer -focused, assuring our clients their services are attractive to the public they serve. Further, the Company is committed environmental sustainability and responsibility in every facet of our operation. 14 First ro Transit EXPERIENCE WITH ALTERNATIVE FUELS First Transit is competent in the operation and maintenance of alternative fuel vehicles as well as mixed vehicle fleets, including electric vehicles, CNG, LNG, ethanol, biodiesel, LPG and others. First Transit currently operates and Maintains more than 100 CNG-powered vehicles in North America. LPG, BIODIESEL FUELS, AND ELECTRIC VEHICLES The chart below highlights First Transit's vast experience in the maintenance of diverse fleets, including various fuel types for the same customer. Locations bolded in the table below represent those with multiple alternative fuel types. Tempe, AZ s Visalia, CA v' New Haven, CT ✓ Kansas City / New Haven, CT Visalia, CA Olathe, KS V Sacramento Boynton Beach, Airport Princeton Stanford, CA New Haven, CT Airport FL Ft Bend, TX University Tulsa, OK ✓ Los Angeles ,r Dania Beach, FL Phoenix, AZ ✓ Emory University Antioch, CA Marietta, GA Airport ,' Phoenix, AZ Tempe, AZ ✓ Portland, OR Nashua, NH Vacaville, CA Norwalk, CA ✓ San Luis Obispo, Las Vegas Airport Hartford, CT El Monte, GA San Diego, CA CA Richmond, VA Santa Cruz, CA V El Monte, CA Everett, WA Abbotsford, BC V Pasadena, CA ✓ Antioch, CA Philadelphia Phoenix, AZ ✓ Puerto Nuevo, PR Airport (PA) We train our technicians for alternative fuel use and routinely send maintenance personnel to OEM factory schools such as Detroit Diesel, Cummins Engine Corp, Ford Motor and the Natural Gas Vehicle Institute in Las Vegas for certification in CNG. In addition, our maintenance staff has access to the excellent training opportunities offered by the Southern California Regional Transit Training Consortium. Tki i ■ice t We have valuable experience in the maintenance of alternative -fueled vehicles manufactured by companies such as Gillig, New Flyer, El Dorado National, Stewart and Stevenson, Blue Bird, Orion, Goshen, NABI and Neoplan. In general, the engines in each of the vehicles are identical, except for the fuel injection. There are several maintenance considerations to discuss when using alternative fuels. Some fuels burn faster, causing necessary timing adjustments. Because some alternative -fueled vehicles have higher engine operating temperatures, we follow the manufacturer's recommendations on all lubricants and filter applications. We change spark plugs every 12 to 18 months or 12,000 to 18,000 miles, due to the higher operating temperatures. First Transit ensures all Maintenance employees have the knowledge and skills necessary to operate, maintain, and fuel alternative -fueled vehicles both safely and efficiently. First Transit has significant experience operating and maintaining electric vehicles on behalf of our clients, including high -profile services in the State of California. We have been leaders in electric vehicle operations and maintenance since 2010 and hybrid since 2005. Today, First Transit operates and maintains electric buses for the following contracts: • Visalia Transit fixed route services (Visalia, CA) • Stanford University's campus shuttle (Stanford, CA) • Eastern Contra Costa Transit Authority (Antioch, CA) In total, First Transit operates nearly 50 electric buses in the State of California. In addition to traditional bus services, First Transit's Shared Autonomous Vehicle (SAV) projects have all operated fully electric vehicles, including six in California. First Transit will begin operating and maintaining six electric vehicles for the Columbus Regional Airport Authority later this year. First rAp Transit 15 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e Further, we are responsible for nearly 30 electric vehicles operated under our transit management contracting market segment, with another 52 vehicles expected to be added to this roster in the near future. First Transit was also instrumental in Foothill Transit's transition to an electric fleet in 2010. Foothill Transit unveiled its first three zero -emissions Proterra Ecoliner buses in 2010 at its Pomona operations facility, then managed and operated by First Transit. First Transit operated, monitored and maintained these first -generation buses. We also previously operated and maintained BYD electric vehicles for Los Angeles Department of Transportation's DASH fixed route contract and Proterra electric vehicles for the DC Circulator operation for the Washington Metropolitan Area Transit Authority. s the City of El Monte begins to build out its vehicle electrification plan, First Transit will be available as a partner to consult and discuss electrical infrastructure and vehicles, as well as assist with a service analysis, should the City need support during this transition. First Transit's local management team for the City of El Monte will work under a system of shared accountability. All team members will work cooperatively to manage daily responsibilities across functional areas, and to provide the City with both quality transit services and an unparalleled partnership for supporting your transit goals into the future. Below is the staffing structure which includes all Full Time Employees (FTE), as well as any shared staff resources for the El Monte transit services. Per the RFP requirements, allocated percentages are displayed below for some of those shared resources. Any staff member who is deemed "dedicated" is an FTE and will only work on the El Monte transit services. We believe that this distribution of service will provide the maximum number of personnel hours for each role, so that the City may experience optimal service standards from our team. 16 First roTransit The key to any successful operation is an experienced, motivated, and high -performing management team. Our management team brings proven knowledge of the transit industry, experience leading successful organizations, and the energy and passion for delivering efficient operations. Additionally, we are proud of our team's diversity-87% of staff at our El Monte location are Latino or Hispanic. Our team understands the needs and concerns of the El Monte ridership, whose demographics are similarly composed. In the spirit of a true partnership a representative from the management team will always be on call to respond to the City's concerns or emergencies, ensuring proactive and responsive service 24 hours a day. We included resumes for our key personnel as an Attachment. DIRAN " AC " DEUKMAJIAN, GENERAL MANAGER First Transit is pleased to propose Zack Deukmajian as general manager for the City of El Monte transit operations. Zack has 15 years of management experience in the transit industry and he is highly experienced in transit oversight. His ability to communicate effectively, multitask, and maintain fiscal responsibility will bring about great results for the City of El Monte, as it has at Zack's previous positions. As the General Manager at LADOT DASH, Zack was responsible for a $24 million budget, oversaw all contractual services, and led labor negotiations. Zack is a performance -driven manager, as proven by his accomplishments at similar locations, including: • Maintained fiscal responsibility for a $24 million budget as General Manager of LADOT DASH • Pre-COVID19 — Maintained a close to 95% On -Time Performance rate for all of the services operated out of El Monte • For the year of 2021, achieved zero Lost Time for Injuries, employee injuries that prevent work First rAp Transit 17 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e Zack will perform all on -site management duties on your behalf, and with complete decision -making authority on the operation of transit services. "There is not a single thing I can think of that would improve how well we have been served by Zack and the gang... Best decision I've rude."— City of Rosemead U CHIUN LUP DEDICATED FIXED ROUTE AND PARATRAN IT OPERATIONS MANAGER First Transit is pleased to propose Yu Chiun Lu as operations manager for the City of El Monte's transit operations. Yu has 10 years of management experience in the transportation industry including work as Fleet Manager of Loctek, Operations Manager for Avalon Transportation. Throughout his various managerial roles, Yu gained valuable experience that will benefit the City's service by equipping it to run safely and reliably. As operations manager, Yu will direct day-to-day operations of the City's transit system, including supervision of staff, performance monitoring, safety oversight, and prompt resolution of service concerns. Yu will handle ensuring the safe, cost-effective, and on -time operating performance of the transit system. Under his direction, we will meet all service delivery standards set forth by the City of El Monte. EN CASILLAS, MAINTENANCE MANAGER First Transit is pleased to propose Ben Casillas as maintenance manager for the City of El Monte transit operations. Ben began his transit maintenance career as a bus technician, performing inspections, preventative maintenance, and increasingly complex repairs. He has taken that hands-on experience and applied it to fleet maintenance management. He has utilized his extensive CNG experience to ensure exceptional maintenance for Monterey Park, helping extend the life of the fleet. Ben has nearly 20 years of maintenance experience in California. Ben will supply general maintenance management oversight for the City. He will handle all City fleet maintenance, repair, and cleaning activities, along with personnel management, safety and security oversight, and suggestions for continuous process improvements. AZARIO MORALES, SAFETY AND TRAINING MANAGER First Transit is pleased to propose that Nazario Moreno as safety and training manager for the City of El Monte transit operations. He has been in transportation local to Los Angeles for two decades. He has served as a vehicle operator, dispatcher, and then supervisor, before moving into his current role. We believe this breadth of experience and an understanding of safety -focused service delivery at every level of an operation will benefit the City of El Monte's transit operations. Nazario will oversee all aspects of operator training including new hires and annual refresher training. He will also conduct regularly scheduled safety meetings with maintenance and operations personnel, and fleet operators. DEDICATED ADMINISTRATIVE AssISTANT, TO BE NAMED First Transit is pleased to propose a dedicated administrative assistant for the City of El Monte transit operations. This employee will have experience developing analysis reports and managing detailed documentation and data sets, thereby supporting the management team and operating staff, and, in turn, the City's transit system. He or she will compile operational statistical and financial reports, statements, and summaries and supply these to managerial staff, as well as help with various as -needed tasks in support of said managerial staff. 18 First ® Transit Led by Zack Deukmajian, our management team will handle promoting and supporting effective communications throughout the local staff. Accountable to General Manager for the quality -of -service delivery and will support the General Manager with daily operational activities. Assumes first -line supervision of location employees, compliance with company policies and procedures, and coordination of operations staffing Reviews daily, weekly and monthly travel trends and service data that may impact on -time performance Fixed Route and Oversees road supervision activities, helps operators with manifest issues, and counsels and supports Paratransit Operations operators on operational, safety and attendance related issues Manager Coordinates with the maintenance department to deliver safe and reliable fleet operations, ensure that client vehicles are available for scheduled maintenance, Assists in accident and incident paperwork and aid in the coordination of monthly safety meetings. Responds to customer commendations, complaints, and concerns Ensures that all drivers follow the published route and timetable Directs the recruitment, hiring, training, evaluation, and supervision of all maintenance personnel Consults with the General Manager to prepare departmental budgets Schedules and distributes all fleet and facility maintenance resources including preventive maintenance, Maintenance Manager repairs, troubleshooting, and cleaning programs Maintains and secure parts and fluids inventory; coordinate maintenance subcontracts; and maintain accurate maintenance records. Ensures compliance with the City of El Monte and First Transit Preventive Maintenance (PM) Programs and safety inspection schedules; manages shop safety programs; performs safety inspections First Transit's region management team will support the City's service throughout the contract term, assuring the City of El Monte's satisfaction with our operation. This team's diverse qualifications and experience will provide support for our local team across the City's transit operation, including the areas of safety, training, maintenance, administration, accounting, insurance claims management, and human resources. First Transit 19 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e Tony Mercado, Senior Region Director of Operations: Tony has more than 20 years of management experience. He will provide operation, planning, and administrative support to the location. Tony is also responsible for daily operations, system performance, location safety, budget preparation, and location staffing levels. Scott Hansen, Region Director ofMaintenance: Scott has nearly 30 years of experience in transit fleet maintenance. Scott carefully monitors maintenance expenses, maintenance standards, repair efficiencies, maintenance training programs, and budget preparation. He works closely with his region staff to monitor trends and find innovative maintenance solutions for clients. Melissa Hailey, Senior Director of Human Resources and LaborRelations: Melissa has more than a decade of labor relations and human resources experience with First Transit. While serving as our Labor Counsel, she was chief negotiator for the employer in collective bargaining with various labor unions, engaged in strategic planning with region operations leadership to align labor agreements with company goals, and developed effective HR policies and procedures for field operations. She will work with each location to provide additional support for any complaints or issues that may arise with employee relations. 20 First ro Transit EMPLOYEE TRAINING Operator training has a profound impact on service quality and efficiency. A program that focuses on safety and customer service will ensure operators have the tools to provide a world -class service that is consistent, reliable, and attractive to your passengers. What sets First Transit apart from our competitors in the area of training includes the following: We are the only provider who offers truly one-on-one behind -the -wheel training We are the only private contractor to use official US Department of Transportation training manuals for operator core training Employees have access to First America University, First Transit's online training database with thousands of e- learning modules The foundation of our industry -leading training program is based on both the right content and the right elive . Comprehensive, relevant content is delivered by certified, experienced trainers — offering El Monte a training approach that is both effective and focused. NEW OPERATORS New operator training spans a minimum of 80 hours and covers the proposed routes, vehicle operations, passenger assistance, customer service, regulatory requirements, safety, and security. Further, passengers require an enhanced level of care and understanding, which drives specialized training content for all operators. Our operator training program teaches our operators how specific disabilities impact the passenger experience and the legislation that we must follow in our operation. It also prepares operators how to provide effective passenger assistance, ensure the safety of these important passengers, and above all, to protect their dignity and privacy. First rAp Transit 21 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e j7 t {3s4rZ' Training �?U{ ;, s C 6 SELECTION First Transit's vehicle operators are the most visible segment of our operations team. In the field, they serve as El Monte's service ambassadors, assisting passengers with getting from point A to point B as smoothly and safely as possible. For this reason, we focus on hiring candidates with a strong aptitude for customer service and safety and provide training which will prepare them to provide world class service for the City's passengers. As described in our proposal, operators must undergo a rigorous selection and screening process to ensure we hire the very best candidates to transport our most valuable asset — our passengers. Once the candidate completes the hiring process, he or she will enter training. CLASSROOM TRAINING Training begins with the classroom phase, designed to acquaint trainees with First Transit, the City of El Monte, and the Fixed Route, Paratransit, and Dial -A -Ride services. Training is facilitated by a TSI-certified First Transit trainer. Classroom training comprises the following topics, which focus on the fundamentals of drivinghat it means to be an operator for the City of El Monte and First Transit: • Safety at work and on the road • Security awareness • Emergency management • Map reading and navigation • Communication with passengers and coworkers • Distracted driving • Drug and alcohol compliance • Fatigue and sleep apnea awareness Classroom training includes a module on transporting passengers with disabilities. This module focuses on protecting and respecting passengers' privacy and addressing passengers with dignity and respect. This module covers the following topics, which are critical to the effective n customer -focused delivery of the fixed route and rrit! ice: • Understanding Disabilities: How to avoid assumptions about persons with disabilities and the different types of disabilities passengers may have. • Empathy: Understanding the challenges faced by persons with disabilities, particularly in accessing public transportation and relating to passengers and operators. 22 First Op' Transit • Sensitivity and Etiquette: Using "people first" identifiers rather than identifying persons by their disabilities (e.g. "persons with epilepsy" vs. "epileptics"), protecting and respecting passengers' privacy, and addressing passengers with dignity and respect. • Mobility AidMovement/Passenger Assistance: How to safely secure mobility devices and assisting passengers with boarding and alighting the vehicle (e.g. appropriately guiding a person with vision impairments). • Safe Driving: Training instructs operators how to operate vehicles and accessibility equipment safely, including slower turns, accelerations, and decelerations, to minimize on -board injuries and increase passenger confidence and comfort. Operators also undergo annual ADA refresher training. This will include sensitivity training and a skills evaluation to confirm operators can appropriately assist passengers with disabilities in the areas of mobility device securement and boarding and alighting the vehicle. BEHIND -THE -WHEEL TRAINING To familiarize inexperienced operators with actual on -road situations and hazards, all operators complete First Transit's Behind - the -Wheel Training program. This training involves the following phases: Closed course instruction trains vehicle operators in maneuvering the vehicle in a secure area. This training uses simulated obstacles and road situations that replicate the proposed service area. Key topics include: o Vehicle Orientation —pre -trip inspection, seat adjustment, mirror adjustment, braking, accelerating and transmission o Reference Points —lane position, right/left side, backing point, forward stop, pivot points, turning points o Vehicle Control— Straight in lane, left turn, right turn, lane changing — moving right or left Controlled course work allows the operator to become more familiar with handling the vehicle in a controlled area. The course is designed specific to the service area, on two lane roads with minimal obstacles, and is less than 35 mph. Operators learn the challenges of routes and service area characteristics and develop skills to predict and manage actual driving situations. Key topics include: Smith System defensive driving, intersections, service stops, backing. Advanced road -work training is conducted on a one-on-one basis with qualified trainers. No passengers are on -board during road -work training, while the new operator becomes familiar with service area routes. Operators are credited ONLY for the time they are actually operating the vehicle during road -work instruction. Key topics include: Smith System driving, roadways, expressway/highway driving, intersections, service stops. After completing behind -the -wheel training, operators demonstrate that they have mastered required skills by successfully completing a thorough final evaluation before progressing to cadet training. We do not allow a new hire to operate a vehicle with revenue passengers until this phase of training is completed satisfactorily. CADET -IN -REVENUE VITRAINING The last step in new -operator training — and the transition from instruction to real -world experience — is our Cadet -in -Revenue Service Training. Each new operator, or cadet, is coupled with a certified cadet trainer who is typically a mentor or senior operator. This one- on-one evaluation includes in-service training hours on actual transit routes. Cadets demonstrate their ability to drive safely, provide excellent customer service, and assist persons with disabilities and mobility devices. Cadet trainers conduct a final evaluation after the Cadet -in -Revenue modules are completed. Only cadets who successfully pass this final stage of training are qualified to be assigned manifests or routes. First rAp Transit 23 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e POST -TRAINING V L TI To monitor operator performance and ensure continued compliance with the training principles, all new operators undergo three post -training evaluations. These evaluations are completed 30 days, 60 days, and 90 days following successful completion of the training program. Evaluations provide additional mentoring opportunities for new operators and additional support as successful members of the First Transit team. Operators who need additional training will be referred to and assessed by the Safety Department. INCUMBENT OPERATOR TRAINING PROGRAM Operators who choose to continue with Fixed Route, Paratransit, and Dial -A -Ride services under employment with First Transit are required to undergo a modified training program prior to service start. The training program for incumbent operators is customized for each startup to accomplish the following: Ensure existing operators meet El Monte's and First Transit's standards Incorporate any new requirements represented by the new contract Address existing performance issues, particularly safety and customer service Training varies in scope and duration from four hours to 16 hours, depending on our service assessment. Typically, training would include an overview of First Transit policies, a review of City requirements, and refresher training in the vehicles, disability awareness and communication, customer service, and defensive driving. TRAINING SYLLABUS 24 First ro Transit Customer service training is designed to simulate situations faced by transit operators. It provides in-depth instruction on handling passengers safely and with courtesy and empathy. Skill development includes: First Transit 25 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e • How and why to make customers feel welcome • How to communicate positively and solve problems in an outcome -oriented way • Why policies should be followed and how to make good decisions about exceptions • How and why to establish appropriate, professional boundaries with customers • How to avoid and curtail emotional escalation, power wars and other unsafe behavior • How and when to seek assistance • How to interact with supervisors and co-workers in a mature and positive way 1l First Transit personnel who have contact with passengers receive this training. In the event operators, supervisors, dispatchers, or other personnel are the subject of customer complaints, a discussion of the incident is conducted. Employees are subject to one-on-one counseling, progressive disciplinary action (including termination if deemed appropriate), supervisor ride-alongs and mentoring, and attending customer service training with a new operator's class as appropriate. First Transit is dedicated to safe, punctual, courteous, and professional transit service for the City of El Monte, which is why we take our training beyond the basics of customer service. We want to be a leader in transforming the way people view travel and the way they feel about public transport. In this effort to deliver the highest levels of safety and service and provide greater customer satisfaction, First Transit has developed a Customer Relations program. Our specific skill -development sessions provide additional service training that is focused on building customer relations in support of City operations. This training is taught through the following seven TSI training modules: 26 First ro Transit Customer relation skills when dealing with customers who are elderly and those with disabilities Importance of providing service to elderly customer or customers with disabilities Physical characteristics common to the aging process Elderly Customers Ways to provide service to the elderly and Customers with Obstacles that transportation presents to customers who have disabilities Disabilities Interpret the importance of the Americans with Disabilities Act (ADA) Duties and responsibilities of bus operators under ADA legislation Concept of empathy and how to apply it when interacting with customers and disabilities How to communicate with customers with various disabilities How to assist customers who use wheelchairs or other mobilitv devices Our TSI training program on Customer Relations covers the importance of public transit service, the elements of good customer service, and the benefits of delivering safe, courteous, and reliable transportation. Because our operators and dispatchers are in constant contact with the public, we provide a training course on the topic of Conflict Resolution and Avoidance. This training combines our own guidelines for customer service with curriculum that has been tailored to the City of El Monte's specific requirements. The goal of this course is to teach operators how to handle demanding situations, and how to remain professional, pleasant, and accommodating when faced with challenging customers. The Conflict Resolution and Avoidance Training Program consist of the following topics: • Active Listening— Instruct operators to listen to what the passenger is saying specifically, and understand the total message that is being sent • Using Proper Words — Provide guidance on how to express empathy, concern, and a desire to help to correct problems • Understanding Goals — Instruct operators to understand the goals and objectives of individuals so the operator can show the customer they care • When to Let It Go — Educate our operators when to "let it go" and how best to end conflicts in a positive manner • You Always have Choices — By teaching our operators that choices are always available in any situation, and that negative situations can be defused and changed into positive encounters • Conflict Avoidance Role Playing — Through role playing, trainees have the opportunity to deal with real life situation and give instructors and other students the opportunity to critique the operator's actions • Enforcing Procedures and Rules — Provide tips on how to effectively handle rule or procedure violations Well -trained and experienced dispatchers are vital to successful daily operations. Handling everything from operator check -in to accident reporting and day -of -service adjustments, they serve as the primary contact between the office and operators in the field. For the City of El Monte's service, First Transit also proposes to utilize these dispatchers for reservation and scheduling activities. We believe that this will give the City the opportunity to save costs by consolidating manpower, while maximizing the impact our team can have on customer satisfaction by investing in advanced training for the dispatch team. Dispatchers interact with operators throughout the service day, providing support and direction for myriad variables that impact service delivery, including traffic and service changes. Proactive dispatching facilitates timely service delivery that exceeds customer and the City of El Monte's expectations. First Transit's Dispatcher Training Program provides our dispatchers with the understanding of the methods, approaches and skills they need to support our operators in the field. First rAp Transit 27 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e 2. Dispatcher 0,77,' Orientation r 5. Mentorship. Program ELECTION PROCESS It is imperative that we select the right candidate for the dispatcher role. A successful candidate must possess the following abilities: • Multi -task successfully • Creatively solve problems • Handle a rapidly changing work environment • Make decisions quickly and confidently under pressure • Maintain a professional working relationship with co-workers and operators • Communicate effectively in person and over the radio Our management team evaluates the individual's current employment record, conducts an interview to assess their proficiency in these areas, and confirms their ability to perform the demanding responsibilities of a dispatcher. MANDATORY OPERATOR TRAINING FOR DISPATCHERS Dispatchers are typically promoted from within our operator teams and will have already completed our comprehensive initial operator training program. This ensures we have a team of dispatchers who understand the operator's role in service, which supports effective decision -making during the service day. A newly hired dispatcher will first be required to complete all aspects of First Transit's Operator Training Program — including in classroom, behind -the -wheel, and cadetting, as discussed in this proposal. DISPATCHER ORIENTATION Once a dispatcher has successfully completed our prerequisite operator training program, they will complete an orientation focused on the goals, practices, and philosophy of dispatching. Dispatchers learn how to adjust to their surroundings and move from peer to a supervisor position with the operators. Our orientation covers the importance of emergency management and protocols, as well as leadership and decision - making. Additionally, this is a time for our dispatchers to prepare to support our customer -focused environment by understanding our diverse client base through training in sensitivity, disability awareness, ADA compliance, and cultural sensitivity. This focused training emphasizes the importance of using "people first" identifiers; e.g. "persons with disabilities" rather than "disabled person." During this time, the location Safety Manager or designee also leads the new dispatcher in First Transit's BeSafe Leadership Program. Dispatchers are an important part of the BeSafe Program, as they offer positive reinforcement and support to our vehicle operators. A full description of our BeSafe Leadership Program is detailed in our Safety Program in this proposal. 28 First ro Transit We also share our best practices in reservations, aggregated from both our global operations and the experience of our sister companies. This provides the foundation for maintaining and improving operational performance — ensuring El Monte and our customers of consistent service quality. ADVANCED CTS SCHEDULING SOFTWARE TRAINING First Transit's training addresses functional use of the CTS scheduling software, including: • Advanced principles of increasing system productivity, including the following measures: o Leveraging slack time to optimize routes o Identifying poor routing and reducing route deadhead o Over -scheduling to accommodate same day cancellations and no shows • Understanding of the tools related to scheduling, identifying and managing future day service for increased on -time performance, as well as identifying trends in previous service to make appropriate changes • Ensuring that scheduling staff are knowledgeable of, consistent with, and apply the tools and techniques in the scheduling software designed to optimize vehicle schedules • Helping to assess the use of the scheduling software and the performance on City services to identify potential improvements and opportunities for retraining and specialized training • Identifying trips within CTS that could be best be served as a subscription, and conversely, subscription services that should be discontinued • Completing refresher training on a regular basis and additional training when a new version of the scheduling software is installed LEARNING COURSES Like most First Transit positions, once our dispatchers complete initial operator training and dispatch orientation, they are required to take eLearning courses applicable to their new position. Our proprietary First America University library is an extensive online database of training resources to help motivated employees increase their skillsets. A sample of the courses new dispatchers must complete include: • Creating an Effective and Safe Dispatch Environment • Building Customer Service/Telephone Customer Service • Recognizing Problem Performance / Steps for Turning Around a Performance Problem / Diffusing Conflict • Incident and Accident Investigation & Procedures • Safety Leadership / Reasonable Suspicion / Emergency Procedures • Sensitivity Training, Passenger Assistance Techniques • Technology Overview and Training on the City of El Monte Tools POST -TRAINING EVALUATION AND CONTINUING EDUCATION The new dispatcher will debrief daily with their mentor and other senior dispatchers. Additionally, First Transit's fixed route and paratransit operations manager will also complete a wellbeing check to ensure the dispatcher is performing satisfactorily in the new role. The operations manager and other senior dispatchers are continually available to answer any questions the new dispatcher may have. Throughout their careers, dispatchers will continue to participate in ongoing education to ensure they continue to stay up to date on their responsibilities. Dispatchers receive annual retraining on First Transit's BeSafe program, applicable technology tools and customer service, among other topics. Effective road supervision is an essential element of successful daily fixed route and paratransit/DAR operations. Road supervisors are the first level of management to respond in the event of an incident or accident. They interact with the operators daily, providing coaching and support for common challenges, such as farebox issues. They facilitate successful service delivery that exceeds established standards. Further, they serve as a front-line customer advocate. First rAp Transit 29 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e To ensure success in this important leadership role, First Transit's Road Supervisor Training Program is designed to equip our supervisors with the tools they need to support our operators and passengers. Training focuses on proactive operator support and superior customer service. Selecting personnel with natural leadership and problem -solving skills and providing them with a comprehensive, multi -faceted training program ensures their long-term success. Operator Supervisor E3 Fra 6. Mentorship }k f 4 13����t3 Program ELECTION PROCESS Effective road supervisor training begins with the selection of the right candidates. There are certain qualities and proficiencies our local management team looks for in road supervisor candidates. In order to handle the demanding responsibilities of being a successful road supervisor, individuals must possess: Ability to lead Professional, effective communication skills with employees, passengers, and clients Aptitude for problem -solving MANDATORY OPERATOR TRAINING In order to prepare road supervisors to support safe, efficient, and customer -focused service, they must first understand the challenges operators face in the field. For this reason, the majority of our road supervisors are promoted from within our operator teams. As such, they will have already completed our comprehensive new operator training program. GAD SUPERVISOR ORIENTATION Following operator training, the road supervisor trainee will complete an orientation. This training will cover a wide range of topics designed shift the candidate's mindset from one of on -route service delivery to an awareness of the system as a whole. LEARNING COURSES Once road supervisors complete the initial operator and road supervisor orientation, they are required to take eLearning courses through our extensive training library, First America University. A sample of these courses include: • Essentials / Understanding a Manager's Role and Challenges • Building the Coaching Relationship / Using Different Coaching Styles • Recognizing Problem Performance / Steps for Turning Around a Performance Problem / Diffusing Conflict • Incident and Accident Investigation & Procedures • Safety Leadership / Reasonable Suspicion / Emergency Procedures • Sensitivity Training, Passenger Assistance Techniques • Technology Overview and Training on El Monte Tools 30 First ro Transit SAFETY MANAGER GuIDANCE After the completion of the initial eLearning courses, our Safety Manager Juan Casillas will answer any questions arising from those lessons. He will also guide new road supervisors through the completion of First Transit's "BeSafe" Safety Leadership Training. Road supervisors are instrumental in instilling BeSafe principles throughout our workforce, including proactive safety coaching and positive reinforcement. A description of our BeSafe program has been provided in the Safety Program section of this proposal. The safety manager also ensures that the new supervisor understands each of his or her job responsibilities and how to carry them out. The safety manager or designee trains new supervisors on the following responsibilities: • Completion of all forms, including daily road supervision checklist, operator observation form and workers compensation form • Effective use of all technology tools, including road supervisor tablets, DriveCam SF300, Geotab Pro Plus, First Transit's Management Information Dashboard, etc. Our Safety and Training Manager Nazario Morales will also ensure the road supervisor can apply the principals presented in the accident eLearning course by setting up mock accident scenarios and having trainees complete all procedures, including taking pictures, interviewing, paperwork and filing. POST TRAINING EVALUATION AND CONTINUING EDUCATION Daily debriefs with more senior road supervisors and a wellbeing check conducted by the safety manager will confirm the supervisor is succeeding in his/her new role. The safety manager identifies areas for improvement and challenges the employee to further develop his or her skills. The safety manager is continually available to answer any questions the new supervisor may have. After the initial phases of training, road supervisors will continue to participate in ongoing education to hone their skills and ensure they stay up-to-date on policies and procedures. Road supervisors receive annual retraining on wheelchair securement, First Transit's BeSafe program, and customer service, among other topics. First Transit provides unmatched technician training that leads to higher quality repairs for the City of El Monte transit fleet. A well -trained technician performs quality repairs in a more efficient manner — resulting in a consistent maintenance approach, more reliable fleet, and reduced vehicle downtime. 2. Skills EJ 3. Customized ��� Assessment Training �11 ELECTION PROCESS Like all First Transit team members, maintenance technicians must pass a thorough background screening. They are selected based on their background, driving record, and maintenance experience. KILLS AsSESSMENT All First Transit technicians undergo a basic skills assessment to determine their individual skills and suitability for the City of El Monte contract. Technicians will complete a comprehensive online skills assessment to establish an objective knowledge baseline in specific areas. Each assessment measures technical competency to a detailed level of theory, application, and diagnostic ability across several technical areas. First rAp Transit 31 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e Once onboarded, we use this pre -hire assessment to determine which areas the new technician should focus on. We have also found this assessment to be an integral step towards improving a technician's specific skill set and achieving personal training goals. CUSTOMIZED TRAINING Based on the assessment described above, First Transit's maintenance trainers will develop an individualized technician training plan based on contract requirements, fleet -specific topics, and any gaps in the candidate's knowledge or skills. First Transit uses the training resources below to prepare our technicians to keep the City of El Monte's fleet in top condition. Technician training combines hands-on training and mentorship with online training to strengthen our maintenance team's skill level. First Transit employs a team of six full time travelling maintenance trainers. These highly skilled maintenance professionals visit our local operations to facilitate additional training for the team. FIRSTA SIT TECHNICAL COLLEGE All of our maintenance locations use First Transit Technical College (FTTC) for training new technicians and providing annual required training for experienced technicians. FTTC is an industry -leading, extensive, interactive, online training program with hundreds of modules specific to fleet maintenance. FTTC offers numerous courses in support of our technicians' professional development. These include vehicle maintenance practices and ASE test preparation courses, which include sample ASE-style tests and a timed test duplicating the actual ASE Exam. FTTC's self -paced modules contain critical content, which is reinforced through interactive graphics and animations. The training is available at any time, so technicians can work through the materials at their convenience. Each required module requires a course review and exam before completion. These tests combine helpful remediation while addressing the unique needs of the technician with text -based theory for enhanced learning and retention. Managers and supervisors may log into the system at any time to monitor technician activity within the training program. Supervisors and managers can produce a Course Usage Report to track of hours dedicated to the training curriculum to encourage technicians to continue progressing through their customized training program. The First Transit maintenance training team also has a Vimeo channel with dozens of training videos. After technicians view a video on this channel, they complete the knowledge assessment on FTTC to confirm they have completed their training. HANDS-ONTRAINING After technicians have completed their FTTC training, they will perform hands-on training on -sight. Maintenance managers or maintenance supervisors will observe new technicians completing jobs, offering constructive feedback and instruction. Managers will demonstrate specific skills and procedures and then watch the technician perform corresponding procedures. This hands-on training ensures that all maintenance technicians are demonstrating required skills in accordance with the City of El Monte and with First Transit requirements and best practices. SAFETY TRAINING Maintenance technicians will complete safety training to ensure safe work practices in the shop. Following an overview and introduction to First Transit and our employee handbook, technicians will receive training in the following topics: 32 First roTransit Technicians also engage in daily safety toolbox talks with the maintenance manager and/or maintenance supervisor. This is a valuable part of our ongoing safety and maintenance communication with our team. Toolbox talks are designed to review the last shift and prepare for the coming shift. The talk starts with a safety message, followed by a review of the shop priorities for the shift/workday, the prior shift's performance, and each technician's work assignments. MANUFACTURER I I First Transit's technicians also receive classroom instruction and on-the-job training provided by manufacturers and parts suppliers, including AC/Delco, Cengage Learning/Delmar, Noregon Diagnostics, General Motors, Ford Motor Company, and other OEMs. We leverage our relationships with these vendors, who send trainers to our locations to improve our team's skill set and ensure technicians have up-to-date skills and maintenance knowledge specific to the different vehicle types we maintain. First Transit employees also have access to training videos through the vendor training portals, including AC/Delco, the Meritor Bullpen, Navistar Education, Roush CleanTech, MCI Academy, and Cummins Engine Service and Training Information. These courses comprise part of our technicians' 40 hours of required annual refresher training. ANNUAL REFRESHER TRAINING We require each technician to participate in at least 40 hours of trainingeach year to increase skills and knowledge of industry technology advancements. Each technician receives an annual training plan based on new technology, fleet make-up, and improvements needed. ASE CERTIFICATION Technicians are encouraged to pursue self -directed continued education credits to advance their knowledge, skills, and careers. Opportunities for career progression translates to increased job satisfaction, better performance, and a higher rate of employee retention. To this end, First Transit technicians attend training and certification testing provided by the National Institute for Automotive Service Excellence (ASE). The ASE training program has a series of fifty (50) tests which measure skill level in vehicle maintenance and repair. These tests are grouped by specialty including front-end alignment, brakes, air conditioning, electrical, engine repair, and so on. ASE-certified technicians allow First Transit to apply industry best practices to our maintenance operation, bringing significant value to the City. Highly trained technicians make repairs efficiently, correctly, and safely, reducing unnecessary repairs, preventing unplanned maintenance issues, and reducing vehicle downtime. This program also furthers the professional development of our valued technicians — an important part of our employee retention efforts. In addition to providing opportunities for career growth, employees can earn hourly wage increases by earning ASE Master Technician Certifications. First Transit encourages ASE certifications consistent with our goal of achieving ASE Blue Seal recognition at each shop. The ASE Blue Seal requires a minimum of 75% of our maintenance team be ASE certified, with one ASE-certified technician in each area of the shop. First Transit's nationwide maintenance team collectively boasts nearly 3,000 ASE certifications and 145 Blue Seal Certified locations. First Transit recognizes that our valued employees are the keys to our success. Because of is this, we have made a significant investment in the tools to help develop our promising employees. One such tool is First America University, an online resource to help motivated University employees reach that next level in their careers. Since launching First America University in 2014, we have expanded our online course catalog to over 4,000 classes, some of which are custom -designed for First Transit employees. We continually update content and add new courses to the library, ensuring that employees have a wide selection of opportunities available. Courses range from professional development tips to advanced Microsoft Office trainings. Many courses have been translated into Spanish and French, in addition to English. First rAr Transit 33 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e First America University courses are available along with in -person training to supplement our employees' career development and individual training needs. First America University allows new employees to receive professional training from the convenience of their own computer, without the hassle or expense of traveling. Many First Transit employees use this valuable resource. First Transit has also created customized learning plans specifically for management positions. These plans, which we refer to as the Keys to Success, include job -specific courses and information relevant to specific roles. Current employees and employees looking to move up to the next level in their careers have access to these learning plans. Not often do employees get the opportunity to attend online training for the next level of management prior to promotion; First Transit gives them that chance. The safety of your passengers, other road users, pedestrians, cyclists, and system employees is of paramount importance. The City of El Monte community must trust that the company and the people operating the City of El Monte transit vehicles have the training, skills, and awareness needed to protect these groups every day. For this reason, safety lies at the heart of every area of First Transit's operation. From on -road operations to the dispatch office to the maintenance shop, every employee is responsible for the safety of the service we deliver. First Transit has created a comprehensive safety approach that empowers employees to impact safety performance and provides the tools to do so. The goal of our approach is achieving "Zero Harm," which means zero accidents, incidents, or injuries. The efficacy of our safety program is demonstrated in the continuous improvement in the company's accident frequency rating (AFR), year over year. At the end of FY 2020, First Transit achieved a companywide AFR of 0. — well below the industry standard of 1 accident per 100,000 miles. Our clients agree; in our 2021 customer survey, First Transit scored a 9.4 out of 10 for "putting safety front of mind." We received a 9.3 out of 10 for having "a thorougheffective safety program." ► ► ► Specific to our El Monte operation, safety is not just a concept it is a way of life —this location currently operates at 31.6% below the Company AFR goal for our location. More importantly, under Zack's oversight, we have had zero staff hours lost due to injury for the year of 2021. These statistics emphasize that our safety training and approach not only permeate our operation facility but also our vehicles while out on the road. ESTABLISHING SAFETY AS A CORE VALUE First Transit's safety program fosters a mindset of safety across our entire organization. A safe mentality drives safe practices, which generates consistently safe performance across the entire operation — from interacting with passengers to washing a vehicle."° To this end, we have created BeSafe, our company -wide safety transformation program. BeSafe takes our safety performance to the next level through behavioral change. BeSafe is a proactive Think Safe, A�3 Sad Be We approach to safety, which focuses on eliminating potentially unsafe behaviors before they become unsafe events. BeSafe is an effective tool that is used alongside the procedures and policies comprised within our Safety Management System. This program teaches that, by making safety a personal core value, we can reduce or eliminate accidents and incidents in our workplace. With a strong sense of what is safe and what is not, our employees begin to replace risky behaviors with safe ones. BeSafe is based on the following principles: 34 First roTransit Knowledge Recognition Openness Learning Courage INFLUENCING SAFE BEHAVIORS BeSafe ensures our employees: • Understand the causes and consequences of both safe and at -risk behaviors • Are confident in their skills to have consistent and quality safety conversations • Use the insight and data from group Debrief sessions to make and influence better safety decisions BeSafe is based on the science of behavior — something that can be observed. The science of behavior tells us there are two things that influence behavior: • Antecedents: Anything that comes before behavior that prompts or triggers the behavior, e.g. training, instructions, road signs, policies, posters, meetings, etc. • Consequences: Anything that happens after behavior, good or bad, that influence whether that behavior happens again or not, e.g. praise, criticism, positive feedback, getting to a destination on time, getting a speeding ticket, having an accident BeSafe focuses on consequences, which have the strongest impact on behavior. While antecedents tell us what to do, they do not guarantee that we will do the behavior. We typically continue in behavioral patterns until there are consequences for doing so. There are four behavioral consequences, each with a different effect. Through negative reinforcement-, punishment-, or penalty -based approaches, safe behaviors only result in avoiding negative consequences (e.g., reprimands and fines). For this reason, BeSafe concentrates on Positive Reinforcement. We do this by recognizing safe behaviors and rewarding them. First Transit 35 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e We teach our managers and supervisors to be objective not subjective; specific, not vague. Subjective and/or vague instructions or feedback can lead to confusion and misunderstanding. By contrast, well pinpointed, objective instructions and feedback help the receiver know what to do. To establish safe habits, our reinforcement approach must be continuous. Our managers and supervisors regularly interact with our employees to recognize and laud safe practices — preventing our team from regressing to the unsafe behaviors that have been corrected. BESAFE SAFETY LEADERSHIP PROGRAM In order for our safety approach to be successful, managers and supervisors must exemplify safe practices to their teams. The BeSafe Program employs the Safety Leadership Coaching Process, which encourages our managers to use positive reinforcement to recognize safe operational and maintenance practices. The BeSafe Safety Leadership Coaching Process identifies the following "safety critical" behaviors in our workplace: BeSafe also teaches managers and supervisors at every level of the organization how to recognize and reinforce these behaviors as they happen, in real time, by using a systematic process for shaping the critical behaviors that drive safety results: • Planning This effort focuses on linking behaviors to results. Managers and supervisors engage in this planning process to deliver Touchpoints (see below) to individual staff members. • Touchpoints: These are daily, planned positive coaching interactions that recognize safety -critical behaviors through positive reinforcement. These interactions are designed to be brief (2 — 3 minutes) and pinpointed to one specific action or behavior. • Group Debrief Sessions: These once -per -week meetings take place between a group of managers and supervisors. The most senior manager of the group facilitates the session. Each participant shares one example of a successful Touchpoint with the team, and the remaining members of the group provide them with feedback. In this manner, we refine and improve how we deliver our Touchpoints to the staff, ultimately making the Touchpoints more effective. DrveCa M First Transit is providing the DriveCam SF300 monitoring system for each of our vehicles for the City of El Monte's service. DriveCam's on -board camera monitors operator behavior while in service. The camera is activated either manually or by specific driving behaviors, such as hard braking or accidents. This technology is described in detail in the Excellence through Advanced Technology section of our proposal's Fixed Route/Dial-A- Ride/Paratransit Operation Plan. The safety of our passengers, staff, fleet assets, and the communities we serve depends on operators who are fit for duty. For this reason, First Transit has a strict zero -tolerance policy for drug and alcohol abuse. It is our policy — and that of the Federal Transit Administration (FTA) — that safety -sensitive employees be free from the influence of drugs and alcohol. ACCIDENT RESPONSE AND INVESTIGATIONS First Transit's accident procedures are used when responding to: 36 First ro Transit • Vehicle -involved collisions • Passenger, customer, or employee accidents and injuries • Pedestrian and bicycle accidents • Fixed -objects accidents (curbs, tree limbs, signs, etc.). ACCIDENT NOTIFICATION PROCESS When an incident occurs, the vehicle operator immediately notifies dispatch. He/she provides the following information: • Passenger count on board • Any injuries • Accurate location of the vehicle and incident • A description of any other vehicles or pedestrians involved The dispatcher provides guidance to the operator, including reminding the operator of which safety precautions to take. The dispatcher then contacts 911 (as appropriate) and dispatches a road supervisor to the scene. He/she also contacts the general manager and other relevant management as well as any specific named City staff. In addition, in the event of major accidents and/or those covered by the media, the general manager notifies the City of El Monte immediately. He/she then contacts the region safety manager and region vice president, working with them to obtain direction. All collisions, passenger injuries and employee injuries are reported to our insurance and any named City staff. 1 f o XWOUM VEHICLE OPERATORS Vehicle operators are the first line of response when an accident or incident occurs. They are tasked with protecting the safety of the passengers and public, as well as recording accurate information related to the incident. After notifying dispatch, as described above, the operator must complete the following tasks: First Transit's vehicle operators are trained to not respond to any media requests or discuss the accident with anyone except First Transit supervisors, company insurance adjusters, or emergency personnel. In addition to notifying the appropriate parties of an incident, the dispatcher is responsible for coordinating support for the operator. This includes dispatching a road supervisor to the scene, arranging coverage for the route and transportation for uninjured passengers on board. The dispatcher on duty must also document the following: • Gather information on injuries, location, people on board, and vehicles/pedestrians involved • Record all accident information in the Daily Log, including any down time, bus change -outs or passengers transferred in a different vehicle. First rAp Transit 37 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e ROAD SUPERVISORS When responding to any road call or accident, the road supervisor is required to have the following kit while working on the scene: • Accident reporting documents • Writing instruments • Paper • Clipboard • Camera, extra film, batteries, digital storage media (if applicable) • Tape measure • Flashlight • Safety triangles, safety vest, jacket • Seatbelt cutters, seatbelt extensions • Bloodborne pathogen and first -aid supplies Road supervisors are responsible for supporting the operator in securing the scene, gathering information, and documenting the facts of the incident. Their responsibilities are as follows: The following procedures are completed by the first -responding supervisor: Road supervisors coordinate all response efforts with all key operations personnel. Finally, they are responsible for ensuring the accident/incident response complies with USDOT, First Transit, and the City of El Monte policies. First Transit requires 12 safety meetings annually, which are at least one hour. These meetings provide our management team an opportunity to listen to our employees, receive feedback regarding operations, and to provide coaching for any teamwide trends that need correcting. First Transit also uses this time to announce any upcoming events or reminders for the month. Safety meeting attendance is a condition of employment and is mandatory for all operators, management, operational staff, and maintenance personnel. Attendance is documented with a sign -in sheet. Our corporate safety team provides our local teams with the safety topic for the month, along with associated safety posters and a training video to use at the meeting. Past monthly training topics include: 38 First f,'p Transit L 1.IF Adverse MmIther 4tit1 Z1ZV, r ffitersection Safety Challenges baking Safety a Previous Year's 5erse nal Core Value ILI Safety Incidents Driving ing the Smith Distracted arriving System Keys 40 Mobility Device Passenger ecurement anda'or Care and Assistance Luggage, Handling 4 . ykZ { sEsl A Pathogens Security Threat Prevention and m d Response Eye Lead Team and Proper FollovAng Distance First Transit invites El Monte staff to attend any and all of these meetings to provide training on areas of importance to the City. We offer our employees incentives to encourage them to maintain safety awareness and behaviors. These incentives include individual safety achievement awards, local safety -based contests, and company -wide recognition at our annual meetings. CORPORATE INVOLVEMENT IN THE NATIONAL SAFETY COUNCIL Our corporate commitment to safety and reputation as a safe provider is evidenced by our executive leadership's involvement in the National Safety Council (NBC). Consistent with our goal of Zero Harm, the NBC's mission is to eliminate revetbl deaths and injuries through a focus on safety at work, in homes and communities, and on the road. First Transit President Brad Thomas was appointed to the National Safety Council Board of Directors in 2019. As a member of the board, Brad helps oversee the strategic direction and policy development for the NBC. Expanding our work with the NBC, Vice President of Safety David Perez was named to the 's new task force, SAFER: Safe Actions for Employee Returns. Established in 2020 in response to the COVID-19 pandemic, the objective of the group is to guide employers through the process of safely resuming operations now and in a post -pandemic environment. SAFER was created in partnership with leading safety organizations, public health professionals, and safety -focused private companies, like First Transit. The task force will issue recommendations and develop guidance for employers as they navigate the changed work environment and determine most critical needs to ensure the safety of their workers and customers. COVID-19 SAFETY I COVID-19 has changed our world, impacting our daily lives by forcing us to rethink how we approach safety in our everyday activities. In this new paradigm, First Transit — a global leader in transportation — is at the forefront of determining how to provide essential transportation services in the safest manner possible during the pandemic. Ensuring the safety of our passengers and employees is our top priority. Further, it is of paramount importance that we continue to meet our passengers' transportation needs without significant impact due to added safety measures. First Transit remains committed to providingconsistent, world -class, reliable service every day. I First Transit has served as a resource for our clients in many ways throughout this unprecedented time, including: First 05'F Transit 39 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e • Sharing our expertise and best practices in safety • Helping our clients understand funding available to offset the financial impact to their transportation operations due to COVID-19 • Remaining flexible with changes to routes and scheduling as a result of COVID-19 • Assisting our clients in the procurement of difficult -to -find PPE (such as masks and sanitizer) at First Transit's bulk pricing • Giving back to the communities we serve in collaboration with our clients, including: o Providing meals for seniors and students in need o Supporting first responders o Providing transportation for healthcare workers • Utilizing our ozone generators to sanitize buildings and vehicles when possible For a complete discussion of our plan to clean and maintain our vehicles, please see the Precautionary Cleaning Measures subsection of the Vehicle Appearance section of this proposal's Maintenance Program/ Strategy. remainWe i `i to working collaborativelyour # ensure the safetyof our communitiesemployees and passengers, and also to see that the evolving transportation needs of the we serve continue to be PROCEDURES To ENSUREPASSENGER T PPE Purchased by First Transit First Transit is dedicated to the safety of our passengers and the ashahle masks Canisters of disinfecting Wipes communities we serve. To this end, First Transit will work with the J 134,999 SO 676 � City to determine any procedures needed to protect passengers. - Depending on Federal, State, and local guidelines, which continue , Disposable masks Pairs of nithlegloves to evolve, this effort may include: 280,00°400 • Requiring passengers and operators to wear masks while Bottles of hand sanitizer Fn` onboard 63,665 `�,.� • Limiting passenger capacity to ensure social distancing can be maintained while on the vehicle • Installing partitions between the operator and passenger areas First Transit also recognizes that we must ensure a safe environment inside our vehicles, one that is free from viruses and bacteria. We have implemented enhanced cleaning and sanitization procedures, consistent with CDC guidelines. ENSUREPROCEDURES To PE Y Y Every effort has been made to protect our employees providing these essential services, keeping communities moving in the midst of the public health crises. Efforts at our locations to protect our employees and the passengers we serve follow Center for Disease Control recommendations and include: • Enhanced cleaning procedures for workspaces and vehicles • Installation of hand sanitizer stations in every location • Distribution of personal protective equipment (PPE) that regularly includes masks (both cloth and disposable) and high - quality gloves (minimum of 5 mill) • Installation of plastic shields and barriers to protect driver space • Avoiding close contact when possible and promoting thorough, efficient handwashing • Holding daily operations meetings and security meetings to keep our team informed and make updates to our procedures as necessary • Implementing alternative operational procedures to eliminate potential for contamination, such as passengers entering the bus through the rear door only 40 First ro Transit First Transit will continue to work diligently to ensure our employees are safe and protected in the provision of their vital responsibilities. SAFE WHEELS Consistent with each of our corporate values, First Transit consistently looks for ways to improve the safety of our passengers with disabilities. Many of our passengers cannot afford a new wheelchair or mobility aid, so we 0% created the Safe Wheels program to provide one, free of charge, to passengers in need. The benefit of this SAFE WHEELS program is two -fold: • Improved Safety: In our experience, old or defective mobility aids can pose a safety hazard for the passenger, the other riders of the bus, and the operator because of the potential of improper securements. First Transit found that more than 40% of passenger injuries come from lack of securement on accessible trips. • Improved lit of Life: Having a new mobility aid not only improves a person's ability to ride safely and securely; it enhances a person's mobility each day by allowing them to maneuver around town and navigate their surroundings with ease. To achieve this end, if our operators notice a passenger has an old or unsafe mobility device, they can nominate that passenger to receive a new base model mobility aid courtesy of First Transit. They fill out the Safe Wheels nomination form and submit it to their general manager and region safety manager for review and consideration. If it is approved, the mobility aid will be delivered to the location so the nominating operator can present it to the passenger. To date, First Transit has provided more than 100 wheelchairs to people in need through the Safe Wheels program. With this program we can help our passengers and our community by providing a valuable service to people in need. "We were all very excited when First Transit rolled out the Safe Wheels program. San Diego was the first location to nominate and present a new wheelchair to one of our passengers. ♦ ` able to help make their day ♦ little brighter and bring r smile to their ♦TransitManager, r sego MTS MANKNOTOM First Transit's commitment to safety — and the efficacy of our safety program — is demonstrated in the continuous improvement in our accident frequency rating (AFR), year over year. *AFR is calculated as the number of reportable incidents per 100,000 miles, as follows: (Total Reportable Incidents / Total Miles) x 100, 000 = AFR per 100K First rAp Transit 41 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e First Transit follows National Transit Database (NTD) guidelines for calculating AFR. The NTD defines a Reportable Incident as a safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions: • A fatality due to an incident (includes suicides, but does not include deaths by natural causes, or deaths not associated with an incident) • Injuries needing immediate eicl attention away from the scene for one or more persons (excluding other safety occurrences not otherwise classified) • Property damage equal to or exceeding $25,000 However, First Transit's focus is not merely on reportable Incidents. We review every incident/accident, both preventable and non -preventable, to identify areas where we can improve our overall safety performance. The focus of First Transit's successful paratransit operations is on the comprehensive service delivery plan. Our goal is to maintain our positive work environment for our employees through competitive wages and benefits, incentive programs, open communication, and a supportive management team. Our motivated, experienced employees will provide the highest level of specialized service to the individuals who rely on the Fixed and DAR operations. The starting pay for each position requested in the RFP are provided in the above table. The single most vital component of delivering service excellence to the City of El Monte will be your partner's ability to fully staff the operation for the duration of the contract term. It is vital that wages are high enough to facilitate the ability to recruit, hire, and retain safe, reliable, customer focused drivers. Based on the wage 42 First ro Transit information provided by the City, Driver wages must be increased to present the El Monte service as an available career of choice and to attract and retain a full staff of safe, customer -focused drivers. As mentioned before, our company has direct knowledge and experience operating in the El Monte region with our current Cerritos, Pasadena, Alhambra, San Gabriel and Rosemead operations, as well as several other First Student and First Vehicle Services locations. Our familiarity with the area allows us to be confident in understanding that CDL driver wages for this transportation service must be raised to be competitive with the local labor market. Over the next few years, First Transit foresees that the CDL market in El Monte will continue to drive up wages for CDL drivers. Therefore, it is important that wages are set correctly from the beginning of the contract and remain competitive into the future. There are some significant factors that should be considered as part of any wage proposal: • Impact of the nationwide bus driver shortage • Local/regional unemployment rate • Wage survey for the marketplace / regional area • Availability of qualified CDL drivers in the market Across the nation, a significant factor for success of transportation agencies, school districts, and private contractors, such as First Transit, is the solution for nationwide bus driver shortage. Over the last several years, there have been persistent driver shortages across the country, which have been getting progressively worse due to a lack of qualified drivers in the marketplace. The result is that transit agencies are working overtime to recruit more bus drivers. For example, as of last December, Denver Regional Transit District was short 127 bus drivers. L.A. County Metro, which operates the second-largest bus system in the country, was struggling to fill shifts. Systems such as LADOT and Foothill Transit, as well as multiple school districts in the El Monte area, are experiencing driver shortages. As a result, some of these school districts have raised starting wages. One of the challenges that the City of El Monte will face is selecting a vendor that can present an effective wage strategy that will keep the wage levels sufficient within the regional market. With the largest competitors for qualified drivers coming from LA Metro and OCTA, this can be a challenge for the City of El Monte if the wages are not set right at the onset and if they do not keep pace in the longer term. BENEFIT ELIGIBILITY New salary -employees are eligible the first of month following their date of hire. Hourly -employees may vary based on contract and the associated union agreement but are eligible for coverage first of the month following 30 days. All employees are eligible to contribute to our 401 K plan after 30 days of employment. Our employees have a choice of three medical plans. Two are high deductible healthcare plans (Yellow and Blue) and one is PPO style plan (Green), with the option of covering any eligible spouse or dependent child. With the high deductible healthcare plans employees can contribute into health savings accounts (NSA) based on IRS contribution limits. See the attached Summary of Benefit Coverage for detailed information. We encourage our employees to be health -consumers. To help, employees enrolled in any of our plans will receive the following benefits covered 100%: • Routine Physical Exam • Well -Baby Care • Routine Gynecological Exams • Routine mammograms • Colorectal Cancer Screening • Preventative Medicine as determined by the Affordable Care Act First rAp Transit 43 F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LFtYKN�F�� e Our employees are offered either a DHMO or a PPO plan. These plans help with dental care costs including routine exams, fillings, and orthodontics. See the attached plan design for detailed information. MIMM Our employees are offered a company vision plan. This plan helps with an annual eye exam, lens, and frames. See the attached plan design for detailed information. ADDITIONAL BENEFITS INCLUDE' • Employee Pride Incentive Program — Each location has an incentive program with small gift rewards for participation in certain safety campaigns, charity involvement, and overall job performance • Sick/ Personal/ Vacation Time Off — 40 hours of paid vacation after one year of employment, and increasing up to four weeks of vacation, may vary by union • Holiday — Eligible drivers will receive holiday pay varying by contract 44 First rvTransit First Transit is more than just a provider of transit services; we're a community resource. Our passengers rely on us to transport them safely to school, work, and to the many other destinations that are part of their daily lives. First Transit's commitment to these passengers drives our approach to building our teams for each project; from operators to maintenance to management, every team member is selected not just for their job qualifications, but also for their aptitude for safety and customer service. Our hiring approach allows us to provide the right team to serve the El Monte community while meeting El Monte's service levels and performance expectations. This approach begins with recruiting and follows a stringent process to ensure each candidate is the right fit for the role. Lastly, our experience in the region suggests that competitive wages will be a key component to not only hiring but also retaining a strong, reliable workforce. Taking into consideration Los Angeles County's living wage ordinance and the starting wages of our neighboring operations, our operator starting wage will be $19.00 per hour. We are confident that we will compete successfully in a challenging labor market. EFFECTIVE RECRUITING Our commitment to the community we serve extends to our recruiting efforts. We prioritize hiring qualified candidates with local knowledge — which requires recruiting for candidates within the local service area. We first focus our recruiting on hiring from the incumbent provider's team, then expand our search to the local community to fill any vacant positions prior to contract start. First Transit recognizes that ongoing recruiting throughout the contract term is necessary to maintain service quality and reliability. We ensure we have a pool of qualified candidates ready for hiring when a position becomes available. First Transit is in the business of transporting people —individuals and families who trust us to provide a safe, friendly experience every time they ride the services we operate. However, our operators and staff not only represent First Transit; they also represent the City of El Monte. For this reason, all First Transit employees are expected to share our commitment to safety, reliability, and customer service. Our stringent operator and staff selection process —from interview, to training, to being released into service —is designed to ensure every candidate is the right fit for First Transit and City of El Monte. Our past experience finding and developing talent within the El monte region will help ease the transition from one contractor to another. Across the multiple contracts that we service for our current El Monte facility, we have maintained a 95% position fulfillment rate for all key personnel. The foundation of our recruiting success is a robust recruitment plan that leverages local resources with best practices, described in the following sections. First rAp Transit 45 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e LET AcQuISITION First Transit's local managers are tasked with understanding their workforce needs. This includes identifying retention trends, seasonal staffing fluctuations, local job market, and other factors that impact workforce stability. To help our managers balance this task with maintaining high -quality service, First Transit provides unparalleled recruitment support through our Talent Acquisition Team. This team of specialists handles the following functions: • Posting all job openings to our applicant tracking system, eArcu • Managing online job boards • Supporting hiring events, which includes producing promotional pieces, modifying advertising copy, providing giveaways, and verifying labor law and equal opportunity employer compliance • Monitoring submissions and ensuring applicants are contacted by locations within 48 hours • Assisting applicants through the process as needed The talent acquisition team manages the process in coordination with the local team and regional human resources support. Centralizing part of the process allows managers to focus on local recruitment channels and contacts within the community. RECRUITING L First Transit's Talent Acquisition Team uses eArcu, an online recruiting tool and applicant tracking ae system. eArcu enables a streamlined, automated, full -cycle recruitment process, including monitoring vacancies, and sourcing, interviewing, and placing candidates. This tool also creates thorough records of each candidate's journey through the hiring process. Further, eArcu maximizes our return on investment for advertising endeavors, advertises job postings automatically, and collects valuable data about the individuals we hire and those who show an interest in our company. Our responsiveness to candidates seeking employment at First Transit is critical to hiringsuccess. Tools within the tracking system let applicants know where they are in the process, and they enable our teams to keep the process moving before a great candidate is lost. eArcu sends notifications to candidates and allows them to select an interview date/time. The Talent Acquisition Team can monitor the process and keep track of communication with candidates. eArcu also supports effective recruiting strategy. First Transit's talent acquisition specialists can research where our hires are coming from, allowing First Transit to direct recruitment efforts appropriately. The system also generates a series of reports to assess the efficiency of our process. Alongside eArcu, First Transit has incorporated Programmatic Advertising, an automated job placement software, to ensure the best visibility from our advertising efforts. The Programmatic Advertising platform enables us to post positions on various job boards based on jobseeker traffic. This tool helps us focus our advertising efforts where they will get the most attention — leading to results. First Transit knows the value of employees who are familiar with the service area. We will first aim to hire employees from the City's current service provider, which allows First Transit to retain these employees' valuable knowledge of the City of El Monte transit services and the local service area. For any vacant positions, we will recruit from within the community. To this end, First Transit's start-up process includes the formation of a local operator recruitment team. During this period, we also create or update the operation's recruitment action plan for the year. The action plan is led by our general manager, who will implement the plan and track the status of goals, tasks, and events. This plan is supported by a specialist from First Transit's Talent Acquisition Team. Local outreach efforts include: 46 First ro Transit • Social media, job posting sites • Newspapers, community newsletters or bulletins, radio, or TV • Billboards, sandwich boards, yard signs, signs posted on First Transit building or in the bus yard • Letters or postcards mailed to local residents • Job fairs (on -site, local, regional), local events, like flea markets, parades, farmer's markets, sporting events • Employment agencies, local technical/vocational schools, local businesses • Operators and staff spread the word about employment opportunities First Transit also works with numerous organizations to find effective ways and best practices to recruit operators and technicians. These include local and state employment agencies, workforce development agencies, multi -cultural organizations, Veterans Affairs, and military outplacement programs. Among these types of partnership is our work with RecruitMilitary, a military -to -civilian recruitment firm, to maximize employment opportunities for active military and veterans. COMMITMENT To DIVERSITY It is in the best interest of our company, employees, and clients to attract, retain and develop a diverse pool of talent that represents the communities we serve. An inclusive workplace allows employees to reach their fullest potential, which contributes to our overall productivity and profitability. First Transit is proud of its team diversity across the nation. Nearly a quarter of our employees are African American, more than twice the U.S. workforce average of 12%. A significant percentage of our workforce also comprises Hispanic, Asian, Pacific Islander, and other minority groups. Locally our El Monte team equally represents the region that it services. With 87 percent of our current staff self -identifying as Hispanic or Latino, we are addressing barriers head-on in an attempt to ease travel for those who need it most. According to the 2018 M&A study, more than two-thirds (71.8 percent) of respondents reported speaking Spanish at home, while just under half (47.6 percent) indicated speaking English at home. We acknowledge that language can be a huge barrier for those trying to travel via public transit and believe that by hiring employees with representative language and ethnic backgrounds as our passengers, we can provide services that help remove some barriers that affect public transit. We are also proud of our female workforce. While First Transit continues to strengthen our hiring of female employees nationally, our corporate team boasts a number of women who are experts in their field. For example, our company thrives under the experienced leadership of Chief Operating Officer Beverly Edwards, an executive with nearly 40 years o transit expertise. First Transit created the Diversity, Inclusion, and Belonging Council in response to growing nationwide concerns about equality. The council includes 28 employees from various departments and locations across First Transit and its sister companies First Student and First Vehicle Services. The Council focuses on cultivating an environment where diversity is valued, both in our workforce and our passenger base. The Council meets monthly to discuss ways to advance our diversity, inclusion, and belonging strategy. This Council further equips First Transit leaders and their teams with the tools required for successfully creating and sustaining an inclusive and welcoming culture at First Transit. ENSURING THE RIGHT FIT All First Transit employees are expected to share our commitment to safety, reliability, and customer service. Our stringent operator and staff selection process — from interview to training to being released into service — is designed to ensure every candidate is the right fit for First Transit and the City of El Monte. After reviewing applications, First Transit invites prospective operators to an interview. We have developed an Operator Interview Guide based on hundreds of thousands of interviews we have conducted companywide. This guide helps us First rAp Transit 47 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e consistently screen and select individuals for the characteristics needed to become successful operators. These include relevancy of experience, aptitude for safety and customer service, response to stress, and schedule suitability. Following a successful interview, the location manager will extend an offer letter to the prospective operator. Upon candidate acceptance, internal First Transit staff will begin the background screening process. BACKGROUND SCREENING First Transit takes the obligation to perform careful background checks very seriously. In ensuring applicants are right for employment, First Transit runs an array of background checks, including prior employment, criminal record, and driving record. The candidate must also pass a physical health screen and drug/alcohol screen pursuant to FTA and DOT requirements. Each applicant must sign a statement of release, allowing First Transit to perform background screens. A third -party administrator, First Advantage, conducts our background checks. All employees undergo background checks on a bi-annual basis, or an as -needed basis as determined by the City of El Monte. Repeated background evaluations allow First Transit and the City of El Monte to ensure quality operators and staff for our customers. First Transit's internal Employment Standards Tea (EST) collaborates with First Advantage to conduct primary reviews of all background criminal records, motor vehicle records, previous employment records, and drug screenings. This review focuses on potentially disqualifying events, incidents, or discrepancies. The EST ensures that all hiring practices follow Fair Credit Reporting Act (FCRA) regulations and Ban the Box ordinances. All backgrounds are held to the standards of First Transit and the City of El Monte as well as all applicable federal and local laws. The EST will notify the location via email if an applicant is ineligible for employment due to adverse information found on the record check. The EST sends a letter to the applicant letting them know of their ineligibility and providing them with the information needed for an appeal. An Appeals Committee meets to discuss every appeal concurrent with a review of First Transit and the City of El Monte's standards. Decisions are made on a case -by -case basis. RUG AND ALCOHOL TESTING PROGRAM Because we are trusted with the safety of our passengers and the community at large, we have adopted a drug and alcohol policy designed to: • Create a work environment free from the adverse effects of drug and alcohol abuse • Deter and detect employee abuse of illegal drugs and alcohol • Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances • Encourage employees to seek professional help when personal issues, including drug or alcohol dependency, may affect their ability to safely perform their assigned duties First Transit has a strict zero -tolerance policy about drug and alcohol abuse. Resources are available to any employee who seeks help or rehabilitation for substance abuse. Our formal Drug and Alcohol Policy has been included as an attachment to this proposal. DRUG TESTING TYPES We use only authorized independent facilities to conduct our drug and alcohol testing. First Transit follows all FTA regulations as defined by 49 CFR Part 40 and 49 CFR Part 655. Safety -sensitive employees will be tested for the presence of illegal drugs under the following circumstances: Pre-employmentReturn to work after an absence of 90 days or more Random testing Reasonable suspicion 48 First ro Transit • Post -accident CONSEQUENCES FOR POSITIVE RESULTS First Transit takes very seriously any infractions involving positive test results, as detailed below. An employee who tests positive for drugs or alcohol is subject to termination. The employee is then referred to a substance abuse professional for help. Any employee who refuses to submitto a drugor alcohol test is considered to have tested positive and will be subject to immediate termination, unless otherwise dictated by state law. VOLUNTARY EMPLOYEE ASSISTANCE PROGRAM e recognize alcohol and drug abuse as a treatable disease and encourage our employees to seek professional treatment, if applicable. We tell any employee seeking help of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse. e encourage our employees participate in our company -sponsored employee assistance program (). The EAR includes a counseling and referral program and a substance abuse rehabilitation program. PROBATIONARY PERIODS Each new employee is subject to a 90-day probationary period. As part of this probation, First Transit conducts new operator performance evaluations every 30, 60, and 90 days following training. Frequent evaluations and follow-up when operators are in the early phases of their employment are critical to solidifying good driving practices and decision -making, shaping our employees in their new role. Training managers can determine if more frequent evaluations are appropriate. TRANSITIONING EXISTINGEMPLOYEES We recognize that our best resources at any new location are the employees already proudly working there. The transition of these employees enhances our ability to provide a seamless transition and an experienced workforce. First Transit's intent is to retain as many qualified and eligible employees as are interested in remaining with the City of El Monte project. PROACTIVE COMMUNICATION Communication with the existing workforce is the first and most critical step in our retention process. Early and consistent outreach minimizes these employees' uncertainty, establishes trust, and provides a clear path forward with First Transit. Communication with the incumbent workforce is a critical aspect of retaining current employees and easing their transition to First Transit. Our communication efforts include: • Holding "Meet and Greets" with our management team, allowing employees transitioning to First Transit's service to learn from their experiences and ask questions • Having members of First Transit's region, corporate, human resources and labor support teams on site to answer questions about First Transit, the wage and benefit packages, and procedures for making the transition to First Transit • Sending "Welcome to First Transit!" postcards to employees to introduce First Transit and emphasize our excitement about working with them in the next term of the City's transit services • Distributing hiring packets to employees and posting reminders at the facility with reminders for corresponding due dates APPLICATION INTERVIEW CS First Transit requires all employees making the transition to submit applications and complete the screening process. This allows us to start employee files and become familiar with each potential team member. Upon a successful completion of the application process, interview, background check, and drug and alcohol tests, existing employees will be offered employment with First Transit. First rAp Transit 49 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e HONORING EMPLOYEEI IT Y First Transit understands that the City of El Monte's service has not unionized, however should the City have any kind of seniority system in place, we will be happy to recognize it. First Transit values all of the existing employees, and we especially understand the value of employees who have been with the El Monte transit services for many years. These employees provide valuable, historical knowledge of the service and are often considered leaders by other employees. First Transit honors seniority wages and benefitsfor incumbent vehicle operators to show our appreciation andrespect for their knowledge of the El Monte transit services. ONBOARDING SUPPORT First Transit's corporate staff, including our region human resource director, will lead the effort to hire and recruit existing and new employees. Our Human Resources and Labor Relations team will work closely with our local management team to complete the following primary tasks: • Scheduling orientation meetings with the transitioning employees • Administrative tasks such as creating new -hire packets and creating files on the transitioning employees • Recruiting, interviewing, and hiring new employees • Ensuring benefits plans are in place and available • Performing background checks • Drug and alcohol testing and compliance ONGOING RETENTION EFFORTS Throughout the contract term, First Transit makes every effort to retain its valuable team members. Between training costs and lack of experience with the service, hiring new operators is more costly than keeping an experienced workforce. Existing employees have the benefit of understanding the nuances of the service area, its geography, traffic patterns, challenges, and so on. They also understand their passengers' and El Monte's expectations. Retaining quality employees also supports the safety of our operation. Experienced employees are aware of potential hazards and are less likely to be in an accident than a recent hire. While our comprehensive operator training program is effective at preparing our operators for safe service, no amount of new hire training can compare to years of on-the-job experience. First Transit recognizes the value of a robust retention plan to ensure workforce stability. First Transit works with our managers in the area of employee engagement and appreciation, which is critical to retaining quality employees. Each location creates a customized engagement plan to show our employees that they are valued. Examples of activities our local management teams provide include: • Appreciation events and gestures including family days and employee picnics • Safety pep rallies to celebrate achievements in safety and motivate our employees to provide the safest service possible • Public recognition of operators who maintain perfect attendance and safety records, which encourages similar behaviors throughout the operation • Employee of the Month awards from among our operations staff, including public recognition and other rewards, such as a designated parking spot for the month • Holding drawings for prizes, such as gift cards, for operators with perfect safety and attendance records in a given month RESOURCES FOR EMPLOYEE WELLBEING The mental wellbeing of our employees has never been more critical to our shared success. To protect our employees' dignity and give them the respect they deserve, First Transit has created the You First program to create a workplace of positive mental health and well-being. One of these resources is the Employee Assistance Program, a free and confidential 50 First roTransit helpline to reduce stress, improve mental health, and empower our employees and managers to improve their emotional, psychological, and social well-being. This service is available for all employees — not just those participating in a First Transit health insurance plan. OPPORTUNITIES FOR ADVANCEMENTAND PROFESSIONAL DEVELOPMENT First Transit understands the value of promoting existing employees when positions become available. A "promoting from within" approach benefits employees who show potential and initiative while also benefitting the City of El Monte transit operation by allowing us to retain these employees' knowledge of the service. This approach also allows our workers to understand their own value and contribution to our company's goals. At many of our operations, our supervisors and managers a their careers as vehicle operators and advanced to their current roles within First Transit. To support our employees' opportunities for professional growth, First Transit has created a database of courses available to all First Transit Employees. First America University is an extensive library comprising more than 4,000 classes designed to hone and improve our team's skills, including classes specifically designed for First Transit employees. First Transit is dedicated to safe, punctual, courteous, and professional transit services for the City of El Monte, which is why we take care to ensure that we build the best teams possible. For a comprehensive list of all positions proposed in full-time equivalent figures, as well as a brief description of the job assignments, please refer to the Proposed Management and Staffing Structure section of the Proposed Personnel and Management Plan of this proposal. MAINTENANCE PROGRAM/STRATEGY Throughout First Transit's more than six decades of experience in the industry, we have earned a reputation for high -quality vehicle maintenance. We have successfully maintained a broad range of vehicle types, which has formed the foundation for a solid maintenance approach. This approach incorporates innovative solutions to maximize efficiency and accuracy — assuring the City of El Monte of a safe, reliable fleet your passengers can trust. Please refer to our Recruiting and Hiring Program section found earlier in this proposal for our process on selecting staff for the El Monte transit services including technician staff. First rAp Transit 51 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e Our successful maintenance program increases miles between road calls on First Transit -maintained fleets with a commitment to strive for Unmatched Vehicle 100% compliance with all preventive maintenance. With our Fleet Maintenance Experience comprehensive program, most of the maintenance performed is scheduled work, which reduces vehicle downtime and results in reduced costs to our clients. This preventive approach protects your investment by extending the useful life of your fleets. ®. . g piiq « .; 12,900 Across North America, First Transit (inclusive of our First Vehicle Services division) is responsible for the safe operation and maintenance --First 0A'v Vehicle Services of nearly 50,000 vehicles. Our maintenance experience spans a variety _ 000 s Pip iw.4 Rip PiW gig iq of vehicle and fuel types, including sedans, cutaways, transit buses, coaches, and articulated vehicles. R s 4 e a First Transit's comprehensive and effective maintenance plan includes: Rigorous Preventive First Transit's FirstBase Maintenance Information System schedules preventive maintenance for Maintenance each vehicle. the City of El Monte will have access to this system for complete transparency of our Inspections maintenance program. Results -Driven Our Maintenance Manager, Ben Casillas, will ensure an effective and efficient maintenance program Management for El Monte. He is supported by region and corporate experts in vehicle maintenance Effective Our Paperless Shops will streamline communication within the maintenance department. Tablets Communication provide mechanics with essential information at their fingertips, such as vehicle specifications, work history, manuals, etc. ASE Blue Seal Shop First Transit and sister companies, First Student and First Vehicle Services, have 145 ASE Blue Certification Seal of ExcellenceCertified hops, more than all our competitors combined. We will achieve ASE Blue Seal Recognition within 18 months of contract start. ASE Blue Seal Per the RFP, our technician will fulfill the ASE Master requirements. Below are a few of the steps of Technician our commitment to meeting this requirement. Manager or technicians would be registered for ASEs, with First Transit paying for registrations and testing fees All technicians and managers will be set up with our Delmar \ Cengage ASE training programs. Personal will receive logins and testing modules to increase their success of passing ASE certifications. Once all the Delmar training has been completed. The ASE test dates are set up and the maintenance personal will go to the ASE location to complete all testing. 75% of maintenance personal must have an ASE certification in order to be eligible for Blue Seal Recognition. First Transit enforces that ALL technicians get the ASE brake certifications ASE For HVAC will be made a priority to ensure all contractual requirements are met. Lean Shop Lean Maintenance Practices and 5S Processes are methods to improve overall effectiveness and Recognition reduce costs by targeting strategic maintenance areas. We are pleased to note that our El Monte facility is a Bronze Lean shop. Road Call First Transit sends a trained technician when a vehicle experiences any type of service failure. Our Management priority is returning safe service to any impacted passengers. 52 First ®Transit Each technician has a customized training program developed by Cengage. First Transit places an emphasis on technicians becoming ASE certified. We pay for our technicians' training and testing and compensate them with hourly bonuses for certification. This customized training ensures that the maintenance staff can troubleshoot effectively, and it increases productivity because they make repairs right the first time. The backbone of First Transit's fixed route maintenance operation is our strong Preventive Maintenance (PM) program. Proper PM will protect the City's capital investment in the fleet, keep the available fleet operational, and provide a prominent level of safe, reliable transportation to our passengers. To ensure accurate and reliable data, we use: • FirstBase equipment management system that enhances equipment management capability. FirstBase is a system focused on properly structured information to improve the quality and productivity of equipment services. • Tablets equipped with our Paperless Shop program, allowing technicians to access a vehicle's history, updated maintenance procedures, and all required forms at their fingertips. PREVENTIVE MAINTENANCE INSPECTION Every First Transit vehicle undergoes thorough PM inspections to be in top condition. Routine inspections and necessary repairs follow all OEM specifications. We categorize PM inspections into three designations: A, B, and C inspections. Our intervals and procedures for the El Monte service follow: FIXED ROUTE FLEET DAR/PARATRANSIT RoUTE FLEET First Transit 53 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e THE PREVENTIVE MAINTENANCE PROCESS First Transit encourages all employees who have contact with vehicles to be a part of our preventive maintenance process. Utility workers, and other workers who have daily contact with vehicles, check for any potential maintenance needs. By finding issues during service inspections, First Transit ends last-minute repairs that can result in service delays. TASKSPM Our technicians ensure all systems are in safe operating condition before a vehicle enters service. The PM process includes, but is not limited to, inspecting any necessary repairs to the following systems: • Air Conditioning Heating: The entire system undergoes detailed inspection and cleaning to ensure performance prior to peak air conditioning and heating seasons. We follow all applicable regulations, including those outlined in the Clean Air Act of 1990. • Brake Systems: Any defects or other safety -related system issues are corrected with OEM quality parts, or approved equivalent parts, and tested prior to service. • Tires: We only use branded tires (Michelin, Bridgestone, and Bandag) on our vehicles. The PM process for tires includes (as necessary): tire mounting and dismounting, wheel inspection, wheel and tire installation, in -shop tire and wheel installation, and tire tread depth inspections. • Wheelchair Ramps and Lifts: Technicians lube the lift and perform a comprehensive inspection of the entire system, including the platform, sensors, barrier, securement devices, and controls. Technicians also pay attention for structural deficiencies and hydraulic leaks. Operators cycle all lifts and ramps daily before vehicles enter service. • Fluid Replacement and Lubrication: We perform all lubrication, oil, and filter change intervals per OEM and City specifications. Additionally, we regularly check engine oil, transmission fluid, coolant, and differential fluid levels. • Communication Systems: We remove any unit not working from service at once. We repair defective units under warranty by a manufacturer -approved shop to adhere to warranty requirements. Qualified vendors or employees repair items no longer under the manufacturer's warranty. After the PM inspection is complete specialized technicians receive assignments for any necessary follow up repairs. Vehicles return to revenue service after a technician completes all follow up repairs. PAPERLESS First Transit offers an innovative approach to the typical maintenance workflow through our Paperless Shops initiative. In a typical shop, a paperwork order is on average touched 10 times before maintenance resolves the issue. Our paperless shops streamline the process by offering all forms, work orders, and tasks via tablets. • Employees can document preventive maintenance inspections and record maintenance functions and work orders from anywhere in the shop on tablets. • Tablet usage facilitates correct documentation by storing the data directly into FirstBase. This is a quicker way to fill out forms and ensure the accuracy of information for future repairs and client reporting. • Employees complete all follow-up work orders from the tablet, ending the need for extra forms and processing time. • Parts are pre -assigned to jobs and technicians can easily sign out parts on the tablets. This helps inventory control and creates a seamless process for inspections and repairs. • Supervisors plan their work based on KPI data loaded onto the tablets from FirstBase, showing them average work time, the number of vehicles out of service or awaiting parts, and other key factors for daily scheduling. • Technicians get tasks assigned via tablets. By reviewing their days' work assignments on the devices, technicians are able to check -in for the day and easily see schedule changes as they occur in real time. • Technicians log into specific jobs and log out when finished, giving exact time logging for each task. 54 First roTransit TECHNICAL ASSISTANCE First Transit knows that the City of El Monte's fleet is your most valuable asset, which is why we invest in our technicians to ensure they have the best education, training, and tools available. We understand that sometimes even the most experienced technicians need help with a repair or advice on a reoccurring issue. Identifying this need has resulted in the creation of the Technical Assistance Center (TAC), a resource for technicians to share best practices and receive expert advice. One of the biggest frustrations for technicians is not knowing where they can find service, diagnostic, and troubleshooting information, which is usually scattered across various OEM and vendor websites. We have taken all the vehicle information and best practices from the OEM and vendor resources and put them together in one centralized location, the TA('. TAC Supervisor is an ASP Master Certified Technician in multiple areas and possesses the thorough knowledge necessary to assist City technicians in making challenging repairs and finding solutions to ongoing issues. The TAC Supervisor uses service requests to monitor vehicle and fleet trends, which is helpful in future predictive analytics and scheduling preventive maintenance for the City fleet. When a technician is working on a vehicle and requires further assistance to diagnose issues or complete the repair, he or she can request help by creating a work order, following the procedures outlined below. This seamless communication between technicians and the TAC takes place via our Paperless Shops technology. • The technician reaches a point where assistance is required and submits a work order through our Paperless Shops technology, and an email notification is sent to the Maintenance Manager and the TAC Supervisor. • The TAC Supervisor now has access to the vehicle's information, maintenance history, configuration, etc. This allows the TAC Supervisor to understand vehicle maintenance hisory. • The TAC Supervisor calls the technician and begins to provide assistance on the repair. Technology allows the TAC Supevisor to remote into the technician's tablet. • The TAC Supervisor's remote access allows them to control the camera so the technician and the TAC Supervisor can look at the problem together to come up with a diagnostic solution. DRIVER VEHICLECONDITION T The daily vehicle inspections conducted by our operators are critical to achieving and maintaining First Transit and the City of El Monte's standards of excellence. We emphasize the importance of the operator's role within the maintenance process in operator training and refresher courses. The operator's responsibilities include: • The pre -trip inspection and the legal requirement to complete the daily vehicle inspection accurately. • The documentation of any abnormal noise, vibration, or smell during operation recorded in the driver's report. • The post -trip inspection completed as the operator shuts down the unit and does a final interior and exterior inspection. If a vehicle fails its pre -trip inspection, then maintenance staff will come assess the vehicle prior to pull-out. Maintenance will notify dispatch if the repair will take longer than a few minutes, and a pre -tripped bus will go into service. Operators are responsible for reporting all lift malfunctions. Vehicles with inoperable lifts are not placed into revenue service. These units will not re-enter service until every ADA defect has been repaired and signed off by the supervisor. First rAp Transit 55 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e PREDICTIVE L TI SIG GEOTAB TECHNOLOGY Cellular Network Telemahcs Sprvers The First Transit -provided Geotab GPS vehicle tracking and telematics start recording as soon as the vehicle is in motion, even if the vehicle is parked indoors or underground. Geotab excels in areas of speed, accuracy, and cost effectiveness and allows us to customize the platform for transit services. Geotab services can impact service quality and increase efficiency in fuel tracking, vehicle inspections, electronic logging/fault codes, speed data, and operator behavior. First Transit will use Geotab for telematics to capture the engine diagnostics codes. This information from the vehicle's A 939 data port is uploaded to our data analytics software. The software has a customized "engine" to sort through all this data and upload into our FirstBase Software weekly report. The report will be used to generate work orders as needed for the maintenance shop supervisory staff to review and assign for repair. The work orders have detailed information about the potential issue(s) likely to occur. These work orders also provide probable causes for the error and any action -based information regarding the data seen on the vehicle's A 939 network and originally uploaded. The technician can now review the work orders and, in most cases, use their diagnostic software to verify the issue(s) before following up with corrective actions. This guides the technician to the most apparent cause of the code, to makerepairs correctly the first time. This process will be monitored by the local team, as well as the Region/Corporate Maintenance Support team. RIGHT PEOPLE With more than 65 years of industry leading experience, First Transit employs tried and true practices for our maintenance program. However, we realize that none of these approaches or tools matter without the right team to implement them. Our maintenance staff of technicians, supervisors, and utility works will have a strong leader in our Maintenance Manager, Ben Casillas. He will work handle the operations in maintenance as well as uphold \the City's goals and expectations. He will work with Cengage in creating a customized training program for each of the technicians, ensuring that they are getting the best training possible. This leads to technicians getting repairs right the first time, and helps them become ASE Certified — a designation we take seriously. Ben will have the support of an experienced regional management team that provides direct support to the location, as well as support from corporate staffing. Our recruiting team only seeks out and helps hire the most qualified candidates, ensuring that the City receives only the best from First Transit's local team. We are ready to provide industry -leading maintenance service to the City's existing fleet of vehicles. FIRSTBASE, POWERED BY INFGR FirstBase Maintenance Information System (FirstBase) is our software platform for vehicle maintenance files, reporting, and task supervision using our Paperless Shop system. A transit FirstBase - specific software designed for the unique requirements of a bus fleet, FirstBase captures and - Rm,ffflTrjnSi, supplies critical data to support day-to-day management decisions. This gives our maintenance team the information needed to keep each City vehicle in "like new" condition. FirstBase is a flexible system that simultaneously tracks and monitors the following maintenance activities: 56 First 0,'A Transit We implement FirstBase in all our maintenance shops to allow our region and corporate teams to develop trend analysis reports across similar contracts and vehicle types. FirstBase works together with our Paperless Shops platform, providing a state-of- the-art MIS system at our maintenance team's fingertips. Using FirstBase, Ben Casillas will review monthly reports to compare statistics between First Transit locations and find any recurring maintenance trends. MAINTENANCE PLANNING/SCHEDULING First Transit uses maintenance planning tools to set efficient schedules and monitor technicians' time. Supervisors plan weekly schedules based on vehicles scheduled for maintenance and an analysis of vehicles needing other repairs. Our technology allows for alterations on a shift -by -shift basis to account for changes in the schedule. For the City of El Monte, we would like to propose vehicle maintenance hours of operation from 4:30 A.M. to 12:00 A.M. every day of the week, the current standard for our El Monte location. The following chart outlines the tools First Transit uses to plan effective maintenance schedules: Gives supervisors real-time information on the number of vehicles in the shop, vehicles waiting for parts, and vehicles due for maintenance Paperless Shops Allows supervisors to assign tasks onto technicians' tablets and make changes easily to daily schedules Offers an effortless process for technicians to set up follow up repair notices via tablets First rip Transit 57 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e INVENTORY CONTROL First Transit meets our commitment to exceed your standards for on -time performance and productivity by ensuring the El Monte fleet is safe and ready for service each day. Having the right parts for preventive maintenance and unscheduled repairs is a critical part of our business operations, and our operation at El Monte dedicates 2,500 square feet of space for maintenance and parts inventory. We use our FirstBase to watch inventory levels and ensure the right parts are available to keep fleets moving. We follow these principles to manage our parts inventory most efficiently: AW1,771 �' LLr7% • Use OEM parts, or approved equivalents • Proactive management of stocking levels • Organized parts storage • Data -driven decisions METHODT L Our use of FirstBase software allows us to accurately manage our inventory levels, and proactively manage parts inventory. We enter every part we have into FirstBase with a preferred vendor, a backup vendor, alternative part numbers, reorder points, and restocking levels. All parts receive a label for the corresponding part and bin, to ensure organization and accuracy in our parts room. Maintenance staff stores parts in bins and arrange the bins to the code order of our vehicle maintenance repair system. Within FirstBase, we set up minimum and maximum inventory levels and choose a preferred vendor. A few times per week, our manager will run a requisition function in FirstBase for any part in the inventory that has fallen below the set minimum. FirstBase will order the amount from the preferred vendor to bring the inventory to the maximum level. As an added method of control, our shops perform physical inventory four times a year, along with outside auditing firms certifying the physical counts at random. Maintenance staff will also perform cycle counts every week, counting a percentage of our inventory to verify quantities. As with scheduled and unscheduled repair items, our parts inventory in FirstBase accounts for keeping adequate levels of all parts. Given the critical nature of both the air conditioning and wheelchair lifts, we keep the most commonly used parts in stock, which are readily available for use. WARRANTY PROGRAM First Transit offers our clients quality control for parts warranties through FirstBase, which allows us to track warranties, recall campaigns, and related parts data. Accurately and efficiently managing warranty claims improves the overall financial performance of the company, which is one of the primary obligations we have to the City of El Monte. The process of a warranty claim in FirstBase is as follows: 58 First f,'p Transit Managing warranties and claims filed against those warranties is something we pursue with the help of our part manufacturers and vendors. We perform preventive maintenance and any unscheduled maintenance considering manufacturers' specific requirements for vehicles and components under warranty. FirstBase is a highly flexible program customizable for each maintenance location. We can track parts expenditures, labor rates, warranty information, and other maintenance and repair data, and report it back to management and the City of El Monte. First Transit's quality assurance program in our maintenance shops increases fleet availability and reduces operational costs. Our region and corporate maintenance support teams follow stringent quality assurance processes to protect your long-term investment in the fleet. FLEETRE-INSPECTION We require each location to audit, at a minimum, 5% of its total fleet every month. The maintenance manager will then produce a report summarizing all collected data for each quality assurance inspection. This monthly audit documents: • Overall vehicle condition and trends • Proper maintenance documentation ' • Training or staffing requirements ° The manager first audits the vehicle, using an extensive 40-point check sheet and a standard guide, and rates the vehicle based on the inspection. If the manager finds any items that need immediate attention, the vehicle will be out of service until a technician signs off on completed repairs. Next, the manager audits driver inspection reports and PM inspections. The manager checks that all the defects found in the past 14 days were completed or scheduled, then verifies that all repairs have been signed off by a technician. ¢: The last step is to review the vehicle's past three PM inspections. Managers verify the timeliness of inspections and ensure that defects found underwent repairs. Additionally, the audit highlights areas for technician training. ANNUAL SHOP AUDITS Our internal audit process ensures that each location follows all best practices, policies, and procedures. It also establishes a company -wide standardized benchmark for quality, competence, and consistency. Our region staff conducts annual audits on individual locations, completing a thorough review of all aspects of the operation. The audit includes: • Inspection of 10% of the vehicles • Review of warehousing efficiency, inventory, and stocking levels • Compliance with preventive maintenance policies and standard operating procedures • No deferred maintenance After the audit, the region staff and maintenance manager develop a plan with actionable deadlines to correct any deficiencies. Upon completion, the location is subject to a re -inspection to ensure quality maintenance operations. FIRSTBASE AND KEY PERFORMANCE INDICATORS FirstBase is a valuable tool for aiding with Key Performance Indicator (KPI) reporting to ensure the City fleet is well -maintained and, most of all, safe for your passengers. Our database allows for continuous trend analysis of target benchmarks for maintenance activities. KPIs analyzed through FirstBase include: First rAp Transit 59 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e • Data validation checks at data input • Status reporting of work orders • Delays and reasons for delays • Tailored reporting and exception reports • Preventive maintenance and parts inventory • Technician productivity • Vendors for outside repair • Fuel and oil consumption and efficiency • Overhead costs • Training records CUSTOMER FIRSTBASE First Transit will provide the City of El Monte with a login to FirstBase to promote transparency in our operations. As your partner in operating these important transportation services, you have access to real-time information including: • Key Performance Indicators • Standard and custom reports • Charts showing maintenance levels, times, and activities First Transit uses this information as an added level of quality control. We proactively support any audits the City wishes to administer using this information. First Transit has a well-earned reputation for maintenance excellence with our Preventive Maintenance program. However, we understand that mechanical failures do happen, no matter how hard we try to limit them. We commit to maintaining on -time performance and exceptional service every day. When vehicles experience mechanical failures, we react with a sense of urgency but never lose focus on the safety of our passengers, operators, and staff. Replacement vehicles help us resume normal route operations as soon as possible, while the regular vehicle is undergoing repairs. First Transit's operator and technician training programs create greater attention to detail during day-to-day operations. Our highly -trained operators are the first line of defense for limiting road calls. We often detect minor faults before they become expensive maintenance issues thorough pre -trip vehicle inspections, careful monitoring of bus performance during service, and final post -trip inspections. First Transit technicians take the crucial step of attending trainings to perform preventive maintenance. First Transit does not defer maintenance — reducing operating costs and vehicle defects. In case of a road call, the following procedures take place: 60 First ro Transit There are occasions when mechanical failures do not pose a safety risk to operators and passengers. In those situations, we do the following: • The operator informs dispatch of the problem while continuing the route. • Dispatch arranges an exchange with a spare vehicle. First Transit schedules standby vehicles and strategically stages them throughout the service area as a contingency plan to minimize lost service NiaPIIN4AF:1»AT:1:7_11us] A dirty vehicle takes away from the positive image we want to convey to our passengers and the communities we serve. To preserve the favorable view of First Transit and El Monte, all vehicles operating in our fleet are cleaned daily by our Utility workers. Our vehicles undergo these daily cleaning and washing procedures: • Wash and scrub exterior • Remove any graffiti and insect remains • Dust interiors • Remove all trash from inside vehicle • Sweep floor to remove all dirt, paper, etc. • Wipe clean all stanchions and grab bars • Wipe clean dash • Clean interior windows, as necessary • Clean side panels, as needed • Mop floor and step wells • Repair or replace broken, cut, torn, or vandalized components First rAp Transit 61 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e PRECAUTIONARY CLEANING MEASURES CLEANING FREQUE To keep our vehicles clean and sanitized, First Transit follows the CDC's recommendations for cleaning both the hard and soft surfaces. We use EPA -approved cleaning products that are proven to kill viruses and other bacteria. Twice per quarter, we plan to have the City's vehicles detailed by Twin Valet, one of our chosen DBE Vendors. First Transit will work with the City of El Monte to enhance its existing cleaning schedule and checklist to ensure compliance with both state and local guidelines for cleaning procedures. First Transit takes immense pride in our industry -leading maintenance program. Our goal is to provide safe and reliable transportation services to all of the City of El Monte's passengers. We strive to earn nation-wide maintenance recognition from these organizations to distinguish ourselves from our competitors. ASE BLUE SEAL CERTIFICATION PROGRAM In addition to having an ASE Master technician on staff, First Transit will also place a major emphasis on obtaining the ASE Blue Seal Recognition for our maintenance facility. First Transit has more ASE Blue Seal Recognized shops than all our competition combined° We have 145 ASE Blue Seal facilities throughout the Nation, Our El Monte operation will be next ASE Blue Seal Recognition. We will achieve ASE Blue Seal status within 18 months of the contract start ix date for Our maintenance facility. This program recognizes that the technicians working in the ASE Blue Seal facility are trained properly and tested in their field. To reach ASE Blue Seal recognition, the repair shop must have at least 75% of technicians ASE certified. Also, each area of service offered in the facility must have at least one ASE-certified technician. • Safety and Quality — ASE Blue Seal Shops are equipped with the knowledge and training needed to diagnose problems precisely and accurately so both vehicles and equipment are maintained and repaired to the highest safety standards. ASE means that First Transit assures the City of El Monte that their fleet will experience fewer breakdowns and higher vehicle safety and availability — yielding increased customer satisfaction. 62 First Oo' Transit •Efficiency — ASE Blue Seal Shops perform preventive maintenance and repairs quickly, ensuring prompt delivery of vehicles and equipment for on -time service. First Transit technicians fix it right the first time. ASE BONUS PROGRAM Our employee incentive program promotes the development of our employees by rewarding those who achieve training milestones and keep their certifications current. BONUSASE I STRUCTURE First Transit is committed to training and the ASE certification program. Our ASE incentive program is designed to increase technicians desire to obtain certification. Offering access to all ASE testing at no cost to the employee, there are two ways that employees can earn per hour bonuses on each hour they work. • While working to earn his/her first Master Technician Certification, the employee will receive a $.25 per hour bonus for each ASE test successfully completed. • While working to earn his/her second Master Technician Certification, the employee will receive a $.10 per hour anus for each ASE test successfully completed. ® Maintenance Managers earn a $2,000- ollar bonus for receiving the Blue Seal Certification. • All ASE certified technicians working at a location that receives the Blue Seal Certification will receive an additional $.25 per hour bonus. LEAN MAINTENANCE PRACTICES AND 5S PROCESSES Lean Maintenance Practices and 5S Processes are methods to improve our overall effectiveness by valuing organization and ending waste. Lean processes translate to reduction in maintenance costs by targeting strategic areas where maintenance has direct and indirect control, such as preventive maintenance, road call reduction, over time, and outside service costs. Combined with Lean Practices, the 5S Process, (Sort, Straighten, Shine, Standardize & Sustain) is a workplace organization method that more effectively uses the space provided for maintenance and generates a culture that promotes safety, quality maintenance, minimal maintenance cost, and improved vehicle reliability. The 5S Process focuses on the work environment to prevent lost time from unnecessary movement due to placement of repair parts, tooling, or fixtures that may impede travel by technicians. Local management and region teams oversee these processes so we can bring value to our clients through cost savings, improved fleet reliability, and improved customer satisfaction. We are pleased to note that our El Monte facility is a Bronze Lean shop. To recognize facilities that have achieved different levels of Lean Maintenance Practices and have complied with the 5s Processes, there are three levels of awards: Bronze, Silver, and Gold. MAINTENANCE NA EQUIPMENT Throughout more than six decades of experience in the industry, First Transit has earned a reputation for high -quality vehicle maintenance. We have successfully maintained a broad range of vehicle and equipment types, which has formed the foundation for a solid maintenance approach. This approach incorporates innovative solutions to maximize efficiency and accuracy — assuring the City of El Monte of a safe, reliable fleet your passengers can trust. For more information on our complete maintenance plan, please see this proposal's Maintenance Program/ Strategy section. With over 2,500 square feet of this location is dedicated to garage space, which houses all parts, tools, and supplies for our technicians to work in the facility's two service bays. Our shop is fully stocked with the need equipment to maintain the city's fleet. In addition to our existing maintenance equipment, we have added a drive on lift and wheel jack to our proposal specifically for the City of El Monte. First Transit takes pride in the industry -leading quality of maintenance that we provide. Excluding such rare repairs that require complete overhauls of significant vehicle parts and may occasionally justify First Transit 63 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e subcontracting, such as rebuilding an engine or transmission, we plan for our technicians to take care of 100% of our maintenance tasks in-house. MAINTENANCE PERSONNEL Our El Monte location has four (4) mechanics, all of whom hold status as Level I Technicians and possess their ASE brake certifications. One of these, as well as one full-time Utility Worker, will be fully dedicated to El Monte. This distribution of work will provide more hours -of -service coverage for the City fleet, in order to keep it running at its best in through all possible fluctuations in service. In addition, we have an Assistant Maintenance Manager/ Lead Mechanic who will manage all aspects of the City's vehicles in the event of our Maintenance Manager's absence. Please see Pedro Velasco's resume in the Attachments section of this proposal. attached. For more information on our Preventative Maintenance Program, please see the Preventative Maintenance Program section of this proposal's Maintenance Program/ Strategy. BACKUP TRANSIT BUS No "back-up" vehicle has been included in our proposal to support both of the City services. At current levels, First Transit believes that the City of El Monte has an adequate number of spare vehicles to meet the service needs. Quality transportation is safe, efficient and reliable, when performed by employees who are well trained and customer focused. Throughout our daily operations for the City of El Monte, we will incorporate our proven approaches and solutions to implement the highest quality of service every day. Client and passenger satisfaction are the evaluators by which we will determine our success. A well -trained and experienced workforce of customer -focused employees is the best tool First Transit can provide. However, we are excited to propose additional technology tools to exceed the City's expectations. These tools better equip us to provide the highest level of quality transportation services possible for the City of EI Monte operation. Our use of Passio and CTS software, for example, will streamline vehicle scheduling, dispatch, and trip reporting. These technologies are described in more detail in the Proposed Technology for the City of El Monte section of this proposal. 64 First ro Transit Our goal is to provide the highest level of service to the people of El Monte. We believe the best way to do that is to make a positive work environment for our employees through competitive wages and benefits, incentive programs, open communication, and a supportive management team. A dedicated, trained team of operators, supervisors, technicians, dispatchers, and administrators will lead to high -quality service for the City of El Monte. While First Transit offers the security and resources of a large, global transportation company, we act locally as independent businesses, collaborating with communities, clients, customers, and staff to build relationships and to constantly improve your system. First Transit understands the pride and ownership you feel for the success of the fixed route and paratransit/DAR system. The City of Ell Monte can be confident of First Transit's dedication to provide value-added transportation solutions while working to exceed qualityand productivity goals and provide system -wide efficiencies. Irl First Transit has thoroughly reviewed the standards of performance outlined by the City of El Monte in your RFP. Our entire operation revolves around adhering to these standards in the provision of these important transportation services. First Transit has developed programs and practices to achieve important performance measures, including productivity, on -time performance, reliability, and customer service. We understand that nothing is more important to passenger satisfaction than on -time, reliable service delivery. Passengers need to know that they can rely on the City to get them to work, appointments and other responsibilities when they need to be there. Our action plans for service delivery for El Monte focus on increasing system reliability and on -time performance (OTP). The City of El Monte's passengers rely on these services to get them to work, school, entertainment, and sometimes important, potentially life-saving, appointments that they would otherwise not be able to get to. At First Transit, we understand the importance of providing reliable, on -time transportation services. Our commitment to provide reliable service is centered on the following approaches, best practices, and tools. • First Transit will have management and/or supervisory resources in the yard during pullout to ensure on -time departure and provide immediate response to any potential issues. • We will also have several available "pre -tripped buses" at the location in case a bus fails its pre -trip Inspection during peak times, to keep the service on -time and improve on -time yard pull outs. • First Transit's exemplary preventative maintenance program keeps El Monte vehicles on the road and in proper working condition, increasing OTP with vehicles ready for pull out. • Dispatch plays a significant role in OTP and productivity, ensuring prompt operator check -in, schedule changes, and monitoring road conditions. Dispatchers will remain in constant contact with both paratransit and fixed route operators, as well as all road supervisors in the field. • Supervisors are empowered to discuss OTP by operator at the end of the service day with operators who perform below the 95% OTP target for the fixed route services and 99% for the DAR/paratransit services, that day and develop attainable action plans. • We will measure on -time performance and productivity, as well as other key performance indicators, close to real-time with First Transit's Management Information Dashboard and CTS and Passio systems, etc., allowing our staff to manage service more effectively and proactively as a whole. • First Transit will staff standby operators in case of late arrivals or other issues that affect performance. EDUCING LATE CAR MISSED TRIPS First Transit knows that the best way for a route to stay on time throughout the day is to start on time. Supervisors will be present in the yard to assist operators and to watch yard pull outs. Dispatchers quickly check operators in to get them to the yard and performing their vehicle inspection in a timely fashion. Any operator that consistently falls behind their scheduled on - time pull out will receive refresher training from a supervisor on the importance of yard pull outs, and how it sets the tone for the day. First Transit's dispatchers will continuously check on -time performance throughout the day to actively avoid late trips. If a route is behind schedule, trips will be adjusted to other routes via our Passio and CTS systems. These systems track late trips, First rAp Transit 65 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e missed trips, and cancellations for trend analysis. Using this data, the dispatcher can accurately account for service fluctuations, staffing needs, and reassign routes with slack time as needed. OPERATINGLEAN One of First Transit's core values is "setting the highest standards," and we believe it is imperative to provide our clients with the most efficient operations process. Therefore, we plan to integrate our Lean Practices and 5S Processes throughout all client locations, benefitting the City through improved KPIs, organized and proficient operations, and better support. BENEFITS TO THE CITY OF EL MONTE Lean Practices and 5S Processes are methods to improve overall effectiveness by valuing organization and ending waste. Lean processes translate to reduction in operational costs by targeting strategic areas. LEAN PRACTICES Lean practices are based on five principles: • Identify Value — Identify the City of El Monte's needs and expectations • Map the Value Stream — Identify all the activities that contribute to these values and remove waste • Create Flo — Ensure the flow of operations runs smoothly without interruptions or delays • Establish Pull — Establish a pull -based system to limit work in process items while ensuring that the requisite materials and information are available for a smooth flow of work • Seek Perfection— Instill lean thinking into employees to continuously improve operations Identify customer needs and speci VALUE Identify and flap the Create FLOW by VALUE STREAM eliminating waste i Respond to customer =PursuePERFECTION PULL With this process, lean offers three awarded levels: bronze, silver, and gold. These levels certify that the location is operating at different levels of efficiency. As First Transit is committed to providing all client locations, including El Monte, with the most efficient daily operations possible, we plan to have all First Transit operations be awarded the Gold Lean Certification by April 2022. PROCESSES By being a lean practitioner, First Transit can provide the most efficient operations to the City of El Monte. With our value of holding ourselves accountable, First Transit combines lean practices with the 5S methodology to ensure these processes are executed. The five pillars of the 5S methodology (Sort, Straighten, Shine, Standardize, & Sustain) are designed to promote and generateculture that promotes safety, quality, and cost efficiency. By following these practices and methodologies, First Transit can provide the City of El Monte with the following benefits: THE 5S METHOD— T Gistinguisn neec9ed items fry 7 unneecMed items, ant eliminate clutter learn thinking system Keep the uvgrk Keep neec9ect items in the 1' area.... clean T 1 T canect place to ailc+w frsr I immediate refrievai , (Maintain tl7e frstfhreeSUSTAIN Make a habit of maintaining pii�arS established procedures • Reduce energy, waste generation, and unneeded consumption • Reduce square footage needed for operations • Improve employee environmental management • Decrease unplanned downtime and increase overall productivity 66 First f,'p Transit By combining both the Lean Practices and 5S Processes methodology, First Transit is able continually improve operations, support the City of El Monte ,and stream -line operations. -T E REPORT First Transit's Q-Time Report, housed in the MI Dashboard, was created to analyze the operator inspection process. Data from Q-Time reports allow us to increase efficiency by streamlining steps within the process, while ensuring consistency and quality. The report combines punch data from the ADP eTime system, used for operator scheduling and timekeeping, with Geotab AVL data, to provide insight on pre -trip and post -trip operator processes. First Transit operations facilities are geofenced in the Geotab system to record when vehicles enter and leave. Operators also record the beginning and end of their pre -trip and post - trip inspections. When combined with punches from the timekeeping system, First Transit management teams can better understand what is happening before pullout and after operators return to the yard. Managers can pull up data points for an individual driver on a specific day or observe averages across multiple months. This data becomes a driver of Lean processes and continuous improvement at First Transit operations. By observing employee performance and evaluating trends at locations, region and location management can analyze what projects and tasks need to be taken on to eliminate waste and return value. First Transit has begun rolling out the Q-Time Report at our locations nationwide, and our local management teams are recognizing the value it brings to their operations. rrri; � r 01 MMM E 8. 1 .: 29.5 �a _. 77 ... '72 The actual and target data displayed on this sample Our team understands that, in the end, our service delivery report are not factual and are meant for illustration only. must result in an excellent experience for our shared customers. Customer satisfaction —both the passengers we serve and the City of El Monte as our customer —are the evaluators by which we will determine our success in this area. All employees of the City service will receive in-depth training in customer service excellence. We follow all ADA requirements and all employees attend an annual refresher training to ensure high -quality customer service. We use the following best practices and policies to ensure the highest level of customer satisfaction. • Driver shift na a e to minimize overtime, reducing costs. We also assign the same operator on routes as consistently as possible each day of the week. Customers can see a familiar and friendly face, helping them relax knowing they are well cared for. • Customer service training for dispatchers includes telephone etiquette and call management skills, to ensure calls are taken quickly and efficiently. Any caller that needs unique assistance can speak to a supervisor for a quick resolution. Supervisors and/or managers check call recordings for quality control. • Customer service training for operators includes extensive customer relations training that highlights customer satisfaction, passenger safety, and handling inconvenient situations with customers. First Transit will conduct mandatory annual ADA refresher training for all operators to increase awareness and sensitivity to our customers. Operators will have the proper training for wheelchair and mobility aid securement; keeping passengers safe is our top priority. First rAp Transit 67 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e CTS Trip aster IVIR Notification. Interactive Voice Response (IVR) systems allows customers to receive automated telephone calls confirming trip dates and arrival times. It allows customers to cancel trips over the phone as well as announces the arrival of the City vehicle. Customers can also check on the status of their trip by calling the IVR, ending some `where's my ride?' calls for the call center staff. CTS TripMaster ParaPortal Passenger Portal. A customer -facing web platform allows passengers to manage their entire paratransit schedule online. The user-friendly interface can be accessed from any online browser or mobile device. Passengers can review, confirm, or cancel their trips 24/7. This also allows for live vehicle tracking, ending some `where's my ride?" calls for the call center staff MAIN 1 A I IFA a as We understand that productivity and efficiency are important considerations in the delivery of transportation services, particularly in paratransit operations, as the daily schedules vary significantly. Maximizing productivity is an initiative that can result in significant cost savings to the City of El Monte. Our goal is to make sure the El Monte service is provided as cost effectively as possible while maintaining strong customer service. Increasing productivity must include a thorough analysis of current system practices, capabilities, and procedures, as well as identification of functions that can be optimized and changes that can be implemented to increase system productivity. First Transit Operations Support will complete regular system "well checks" of the CTS scheduling system and other processes, offering suggestions for more training and system optimization. Through this analysis and the implementation of innovative technology tools and strategies described throughout this proposal, we will achieve your goals for system productivity. Our procedures are designed specifically to impact productivity. • Dispatchers use advanced scheduling strategies to optimize routes, finding poor routing, and reducing route deadhead. They effectively manage future service, as well as showing trends in historical service delivery, to make positive adjustments. • Our managers continuously ensure scheduling staff are knowledgeable of, and consistently apply the tools and techniques in the CTS scheduling system designed to optimize schedules. • Helping to assess the use of the CTS scheduling system and its performance on City services. • Our dispatchers are taught to schedule group trips in the most efficient manner possible to ensure customer satisfaction with the services, both from individual customers and the agencies and groups we serve. • During our contract with the City of El Monte, we will look for potential improvements and opportunities for retraining and specialized training by First Transit's corporate and regional support staff to increase efficiency. 't 4 i Ct �° �• 1 � t' 'y . t i Our operations approach for the City of El Monte focuses on improving the customer experience while achieving re er cost efficiency. First Transit's operations plan starts with having the right people in place to manage these important services. Our General Manager, Zack Deukmajian, will lead the team in providing these important services. This encompasses observation and analysis of our service delivery, including key performance areas that impact our efficiency and the public's experience with the City service. These areas include road supervision, dispatching, operator staffing, productivity, scheduling, on -time performance, rider satisfaction, vehicle appearance, vehicle maintenance, vehicle availability, safety, and training. Innovative technology tools such as Passio (for fixed route services) and CTS TripMaster (for DAR/paratransit services) will allow our general manager Zack Deukmajian and our operations manager to monitor operations in real-time. Zack Deukmajian and our operations manager will meet regularly to review performance. The City of El Monte and Zack will discuss areas for improvement and develop actions plans during these meetings. Additionally, these meetings allow for the coordination and communication that is so critical to the success of service operations. The operations manager reports directly to the general manager and leads the daily deployment of services. The operations manager will control the daily operation and be the focal point for the safe delivery of service to customers within the City of El Monte service area. The operations manager will also manage personnel issues, including oversight of scheduling, discipline, employee performance, and controlling overtime. the operations manager will also ensure operators do not exceed FMVSS, FLSA or CBA work rules and labor standards. In conjunction with our safety and training manager, the operations manager carefully reviews accident reports, ensuring observation of all safety and ADA regulations and training methods. 68 First roTransit The operations manager, maintenance manager, and safety and training manager also meet daily to evaluate pull-out performance, including: operating vehicles, rested drivers, and adequate supervision. They compare that day's performance to prior days to make sure that they have enough resources to meet service needs for the City of El Monte. Dispatchers will handle verifying passenger eligibility, processing trip requests, and changing or canceling existing reservations in a "real time" environment. These functions will use the CTS scheduling software and reduce the amount of calls coming into dispatchers. Dispatchers will verbally confirm the customer's contact information, trip/appointment date and time, mobility information, and destination, during and before the end of each call, thereby reducing the number of potential data -entry errors. During the booking process, our dispatchers will employ the use of basic scheduling strategies to evaluate the best available routing solution This skill, taught during our comprehensive training program, will maximize service efficiency and the use of scheduled hours. Dispatchers will conduct negotiations with passengers to agree on and confirm a pick-up time with the passenger that makes the best use of available service resources. Reservations will be taken for all trips (e.g., zero denial) and will be assigned during the scheduling process. Prior to completing the reservation, riders will be quoted a 20-minute pick-up window and told that the vehicle may arrive at any time within the 20 minutes quoted. As mentioned before, by hiring employees from the El Monte region, this helps to create an inclusive comfortable culture that positively affects our passengers and enhances the passenger travel experience. Currently, our El Monte operation has $7% of Its employees that self-identity as Hispanic/Latino. This remarkable statistic directly addresses the more than 80% of respondents, of the M&A report survey who self -identified as Hispanic/Latino, who reported a negative experience when making trip reservations. Breaking down cultural and language barriers are key to providing a service as critical as public transit is. Especially with $7% of the ity's D R riders, deemed "transit -dependent". CANCELLATIONS AND "WHERE'S My RIDET(DIAL-IE/ AATANIT) Dispatchers will field "where's my ride?" calls. In the CTS scheduling system, they will have instant access to all pertinent trip information, including: • Current vehicle location in relation to customer's pick-up address • Predictive updates on estimated vehicle arrival based on AVL and Google mapping estimates • Scripted information for consistent message • Current manifest status By offering real-time access to all this information in one workspace, First Transit can enhance the customer experience. This technology significantly reduces the amount of time taken to check route status, while giving more exact estimates. By upgrading from the current Trapeze scheduling software to CTS Trip aster technology, there are a few service enhancements that will ease the scheduling process for passengers. Per the 2018 M&A report, "ease of making a reservation" ranked last on the customer satisfaction list, With CTS Trip aster, we also propose Introducing the online rider portal module, ParaPortal. ParaPortal will benefit the EL Monte DA paratransit passengers providing there a booking experience at their fingertips. The online portal allows passengers to book and cancel trips online, reducing the calls coming into the call center and improving customer service. This module will allow riders' delegates (e.g., assistants from nursing homes or hospitals) make requests on behalf of riders as well. MONITORING AND COACHING BY SUPERVISORS Supervisors will review calls for accuracy, compliance, and customer service. All supervisors will have monthly side -by -sides and coaching with each dispatcher to review performance progress and areas to improve. Supervisors offer refresher training as needed to support their employees. In addition, supervisors will review all complaints coming through and coach the dispatchers as needed. First Transit 69 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e Once trips are created and confirmed by the dispatchers begin the process of organizing vehicles, refining requests, and finding opportunities for shared -ride service. The scheduling team's primary focus is to follow ADA, FTA, and City guidelines for scheduled pick-up, drop-off, ride time, on -time performance, and system productivity. Using the CTS program, the dispatcher will quickly and efficiently isolate service inefficiencies, offering immediate resolution on contradictory or redundant scheduling. Not only will they weed out typical scheduling snafus, such as late pick-up, late appointment arrival times, illogical routing, and unrealistic speeds, they will have access to up-to-date performance calculations. These calculations include productivity, estimated on -time, deadhead, slack, and trip grouping, all on a route -by -route basis. The dispatcher staff keep a practiced eye on routes before day of service, ensuring proper groupings, reduced deadhead, reduced slack, and best routing. After several iterations of scheduling, staff complete any remaining unassigned rides, confirm next day route start and end times, and work closely with management to coordinate operator breaks, lunches, and splits to improve resource availability. Additional service management will include applying necessary changes to accommodate last- minute or unexpected shifts in demand and adjusting future schedules in anticipation of major events and/or inclement weather. With responsibility for both fixed route and paratransit operations, First Transit's dispatch team will monitor paratransit schedules and changes and oversee communication with all operators regarding delays, traffic, road hazards and other service issues. Dispatchers set e tone for route in Dispatchers ensure timeliness e operators are rady for servi e and that operators ice. meet awl, compliance requirements (e.g., license, fitness for duty, uniform, paperwork, fares,. etc.). Dispatch staff also assign routes and vehicles, ensuring drivers are equipped with correct schedules, manifests, and vehicle assignments. This first -level management, before the bus even leaves the lot, impacts overall system performance. With the help of the CTS tools, our dispatch staff watch and manage prompt deployments and returns according to the schedule and receive notification of routes that violate scheduled times. This results in a reduction in the "domino effect," where late deployments affect the timeliness of later route events. The dispatcher's primary responsibility is to remain in contact with the operators and road supervisors throughout the day. Dispatchers: Monitor and manage the on -time performance of scheduled routes. Act as first responders to vehicle breakdowns or other in-service issues, informing location management and arranging an on -time alternative vehicle Provide continuous monitoring and control of assigned radio frequencies during all hours that service provider vehicles are out of the yard. They make sure all voice radio communications pertain to service and enforce all FCC rules and regulations for radio and digital communications Dispatchers will perform "real time" schedule updates to effectively manage paratransit day -of -service changes using the CTS dispatch module. They also monitor on -time performance system wide. Specifically for the DAR/paratransit service, dispatchers notify paratransit customers of potential late pickups, reschedule trips with those customers when applicable, and optimize slack time from no-shows and late cancellations. Dispatchers may manually move trips from one manifest to another to make necessary schedule adjustments to accommodate changes. The dispatchers will optimize schedules on the day of wherever possible and alert the operators of any manifest changes as quickly as possible. To effectively balance operational needs with available personnel resources, dispatchers also monitor operator work hours and assign extra board services as needed, using First Transit procedures for efficient use of labor and vehicle assignments. Vehicle assignments are based on the availability of vehicles from the maintenance department. The technology solutions used throughout our paratransit service provide us with tools for optimizing productivity, including mobile tablets. As the primary means of transmitting assigned trip data to our operators, this technology enhances our dispatcher's success in monitoring trip performance data and requirements. The real-time updates and constant communications with the vehicle tablets offer a greater ability to make necessary adjustments to schedules, as the operators know vehicle locations without having to call the operator over the radio. 70 First roTransit First Transit deploys road supervisors to provide responsive,On-rOad management and supervision k)support our operators inthe field. Our service supervision follows First Transit and the City of El Monte's requirements to promote successful operation, safety, and client and passenger satisfaction. The road supervisor schedule offers staggered coverage t0observe and support on -time pull-out from the operating base, as well as operator pre- and post -trip vehicle inspections. Additionally, road supervisors conduct road observations for quality assurance. Road observations are conducted regularly tOpromote positive cU81Om8r service, and monitor compliance with ADA'BMonte, First Transit, state, and federal laws for safe vehicle operation. They understand the issues our operators face and can offer genuine solutions b}tough situations. ROAD SUPERVISOR DUTIES�. SUMMARY Additionally, road supervisors sometimes assist with transportingriders, for example when riders need 8ride from 8Daccident or incident k}their destination. How SUPERVISORS MONITOR PERFORMANCE The road supervisor staff will perform gates checks 8Sthe operators prepare tO leave the Road supervisors perform spot-checks forproper umforms, schedule adherence, on-boyd ride -checks to evaluate yard. VYhi|8 iOthe yard, the n38d performance - supervisor staff will watch operators tUensure they are When problems al road supervisors are the first line of defense to ensure on -time performance, they cycling the wheelchair lift and investigate and resolve delays, breakdol acciderl other senrce interruptions. Road supennsors complete performing their daily vehicle reports on serace disruptions and help createprocedures to avoid sil occurances iin the future. iOSp8CbOOS. After the vehicles begin service, Road supervisors help ensure positive customer relations, ithey respond to customer concerns, communicate out there will b8two types Ofdaily safety poNcies to the customers, ard investigate and iresoNe customer complaints. quality control checks: observations and time -point Road supervisors are in the field obsenring on the road actions of our operators. They perform daily on -lime ChHCkG These unscheduled E performance coahing oficurrent employees. They altao help train and on -board new employees. (observations) and scheduled (U08'p0iDdchecks help on -time performance, prevent vehicle bunching, promote vehicle cleanliness, and ensure safe -driving practices. The road supervisor conducts the observations in the field while the dispatcher monitors time -point checks in the office through the CTG(for the DARUp8[8t[8OSiiservices) and P8SSiO(for fixed route services) software. Both checks work together 1Oimprove the service t0customers, operators that fail these inspections O[have difficulty delivering on -time service go through coaching and retraining. Regular time -point checks also help t0highlight potential route timing issues 8Swell 8S passenger loads. The road supervisor iG8Ointegral part Vfthe First Transit Safety Solutions Team. |f8Oaccident O[incident occurs the road supervisor investigates, photographs, and includes their report Onthe accident {Othe safety manager. The road supervisor also monitors DriveCam units and tablets to ensure that operators are developing safe driving habits and not performing any unsafe acts such during operation. First rTronsit 71 F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LFtYKN�F�� e As the first and often only point of contact most customers have with El Monte and First Transit, our operators are key to the successful operation of these services. We communicate to trainees that our role as a company is to provide safe, courteous, and efficient transportation for each City passenger we carry. Following this role, First Transit creates an open, cooperative, and supportive working atmosphere to meet service expectations. First Transit achieves continual improvement of operator performance with thorough training programs, honest feedback, and employee accountability. We consider it extremely important to spend more time with an employee with performance issues, such as absenteeism, tardiness, complaints, or safety concerns. Retraining and coaching are much more beneficial than blind employee reprimands to improve service and retain employees. DRIVER INSPECTIONS At First Transit, the safety of our passengers, our employees, and the public is our top priority every day. For this reason, we ensure that our operators inspect all vehicles daily prior to ever leaving the lot. We take this Daily Vehicle Inspection Report (DVIR) seriously. Supervisors check that the Drivers perform their DVIR comprehensively, quickly, and efficiently. Supervisors ensure operators do not delay on -time pull out and that operators are completely checking the entire vehicle, bumper to bumper, not just checking a box. The DVIR is also the first opportunity to catch maintenance issues before they become a safety concern and a costly repair. Vehicle inspection should be an ongoing process. The inspection begins before the operator sets out on his/her route. While in route, operators should be aware of any changes in the vehicle's performance and make note of any problems. At the end of the trip, operators fill out the DVIR, noting any problems they encountered during their trip. INSPECTIONAL STEPS 2. 3. 4. 5. 6. Approach the vehicle, notice the general condition of the body. Check to see if the vehicle is leaning. Check the engine compartment for oil, fuel, and coolant leaks. Check the belts and wiring for obvious defects. Start the engine and listen for unusual noises. Check the dash lights and gauges. Turn on the headlights, four-way flashers, and interior lights. Open the front and rear doors. Set the head sign. Check the condition of operator controls. Walk around the vehicle and check the headlights, clearance lights, brake lights and turn signals. Check tires for tread depth. Check the passenger compartment to see if the seats are clean and secure. Check the floor for cleanliness and for any slipping hazards. Check that the passenger buzzer works. Check the stairwell lights and check the steps for cleanliness. Check the brake system. 72 i` I rl ■WIRSIM The appearance of our staff has a direct impact on the image of First Transit and the City of El Monte. We expect that all employees in all positions present a professional image. Attire should be proper for the duties performed, and guidelines differ for office staff and service personnel. In general, all clothing should be clean, pressed, and in good condition. Hair should be neat, clean, and well groomed, and jewelry should not be excessive. • Employee Appearance — Our employees will present a neat, professional appearance at all times. Our staff — including drivers and operational supervisors — will wear proper uniforms and identification badges while on duty. We give uniforms to all staff that have direct contact with passengers. Adherence to set uniform policies, which are included in our employee handbook and discussed during training sessions, is checked by our supervisory staff during driver check -in procedures and during their contact with drivers. No driver can be on route unless their attire meets these standards. • Badges — All First Transit employees are assigned a photo identification card as part of injury prevention standards. Each photo ID includes a photograph of the employee, name, job title, location, badge number, and issue date. o Photo ID cards are issued within one month of hire and are kept by employees until they end their employment or are requested to surrender their photo ID. Employees must display their photo ID while performing official duties either in a lanyard pouch, a clear pocket on a safety vest, or in some other visual manner. • Required Vests — All First Transit employees must wear our high -visibility safety vests in the operations and maintenance areas. This is to ensure that everyone is seen easily and may work in a safe environment. First Transit's fare processing and management ensures that every aspect of fare collection, counting, reconciliation, and transport is accurate and secure. We establish strict procedures for the security of fares, in coordination with the City of El Monte, to maintain accountability and the highest operating standards. Prior to hiring, background checks are conducted on all personnel, including those performing duties involving access to revenue. All background investigations are updated annually. Employees are required to wear a pocketless uniform when counting revenue. FARE COLLECTION First Transit knows the importance of accuracy and will provide detailed information to the City of El Monte for all fare collection. Our monthly fare report details revenue collection and management data to include: • Revenue collected (includes cash and other fare media) • Revenue reconciled • Daily deposits • Daily cash summary sheets Our revenue collection and reconciliation procedures minimize the potential for abuse, keeping operations accurate. If losses are identified during reconciliation, we act immediately to identify the source of the loss and apply appropriate measures to correct the situation. The City of El Monte's fare revenues are a crucial component of our operation. Fares will be charged to passengers as specified by the City of El Monte. All revenues received are controlled and accounted for in accordance with standard cash handling, fare retrieval and accounting practices. COUNTING PROCEDURES The following procedures are in place to count and secure daily fare collections. • Fare boxes are removed from buses at the end of the route by a supervisor or dispatcher at the front of our offices under surveillance of our cameras. First rAp Transit 73 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e • Open safe, obtain keys, and unlock bin used to receive and safely store revenue. • Set up coin sorter and place coin bags on sorter. • Set up computer, enter current date, ID code, and account number. • Empty bills, tickets, and coins from bin. • Start coin counter and place coins in counter. • Band all bills into stacks of twenty-five dollars per bundle. • Designate two (2) counters at all times. • After cash is counted and logged, Counters bring cash to Operations Manager. • Cash is then recounted with all 3 persons present. • Amounts counted are recorded on the Fare Recon file by day. • Deposit is created for each day and counted upon completion each day. Deposit amount must total Fare Recon. o Note service day collected on deposit slip. o Cash and Deposit are put in Sealed bags and locked in safe. • IF Multiple days are counted, multiple deposits can be put into the same bag number and sealed. • IF so, every day of cash collected is noted on the Recon with a deposit and bag number. • Brinks log must be kept in a safe place. • Daily Brinks will pick up the deposit from our safe. REVENUE TRANSPORT As mentioned above, First Transit will utilize armored car service to transport revenue to the bank from the secured facility vault. The armored car service will pick up the revenue directly from the counting room safe, as directed by the City, and in complete compliance with First Transit and City safety and security requirements. Our Internal Audit team conducts revenue -control audits on a random basis to confirm that controls are in place and operating properly. We check that cash fares are secure from the time they are received from the passenger until they are deposited into the bank. Auditors also confirm that the count room is secure, all keys are secure and accounted for when not in use, dual - custody of cash fares exists during the counting process, and that comprehensive reconciliation is taking place each month. OVERCOMING TYPICAL OPERATIONAL ISSUES Marinating a high on -time performance is key to any successfully transit operation. However, maintaining on -time performance is just one part of providing a complete satisfactory trip for the City's passengers. As a current transportation provider for the EL Monte region, First Transit has successfully met the stringent on -time performance requirements of El Monte's neighboring cities for years. First Transit recognizes that one-time performance has been an issue in the past, because of this, here are a few of the various next steps that we will take to correct this long-standing issue. 1. Review the routes and the current run cuts and compare them to an independent run cut that we have created internally 2. Hold internal discussions with current drivers to address the issues that they are experiencing on the route 3. Review all historical data that sheds light on changes in travel or traffic patterns 4. Meet with local officials from key travel destinations to better understand their processes for intake and discharging of patients (DAR service only) 5. Apply these finds to our internal run cutting system and work with City staff on potential changes Furthermore, First Transit will use the below detailed methods for ensuring the quality of operations for paratransit and fixed - route services. FIXED-ROUTEGAPS IN I Bunching that causes gaps in service are identified by Passio, as well as road supervisor and dispatcher monitoring. Technology tools lessen the load on road supervisors (and in some cases the staffing requirement for supervisors) and allow more efficient scheduling of supervisory staff to the most critical areas. 74 First roTransit First Transit knows how important it is to deliver on -time performance to our El Monte passengers. Through our road supervision staff, we focus on the positive things our operators do and provide genuine feedback to improve weaknesses. Our El Monte road supervisors support everyone's efforts to provide on -time performance through recommendations for improved service and helpful reinforcement of our mission to continually improve operator performance. LIQUIDATED DAMAGES Although "Liquidated Damages" are common in our industry we believe that open lines of communication, dedication to meeting or exceeding the City's service goals and involvement from our regional team, will help in limit any potential penalties assessed. Although no penalties have been assessed since 2016, we request the opportunity during negotiations to discuss some of the liquidated damage targets that have high thresholds compared to current and peer system performance. We believe that based on our current comparable operations in the El Monte area, some of the stated thresholds can be updated to be in line with the region's standards and best practice. Furthermore, better understanding the City's current on time performance for DAR or historical parts lead-time for the 2016 MV-1 vehicles, for example, will help us to develop proper procedures to curb any issues that are experienced today. Without this data and due to some of the unusually high service thresholds in the RFP, we have included $5,000.00 per month to our pricing model to cover the unexpected assessments. First Transit believes that this cost can be drastically reduced, during negotiations once some of the stated past issues are better understood. DELIVERING HIGH PRODUCTIVITY AND EXCELLENT CUSTOMER SERVICE FOJ PARATRANSIT CUSTOMERS Maximizing efficiency while maintaining quality customer services is a balancing act. First Transit knows the costs associated with paratransit services and works diligently to keep productivity high. That is why First Transit has developed best practices in all levels of the operation, from staffing to technology, to ensure efficiency. Recruiting and hiring the right people reduces operator shortages, overtime, and employee turn -over, so managers can focus on keeping the current employees instead of training new ones. The retention of quality employees raises customer service as customers enjoy seeing a friendly familiar face. First Transit uses the most up-to-date technology with the CTS software for the dispatchers to see the most accurate information to create the daily schedules. We will use technology that allows to increase productivity while keeping passenger ride times to a minimum. To ensure the CTS system's capabilities are maximized, First Transit's Operations Support team performs a periodic check on the CTS software to ensure scheduling parameters are properly set and meet changing service needs. Dispatchers also use best practices when it comes to group trips and subscription trips. As experts in CTS scheduling software, the dispatchers maximize the daily schedule to limit passenger ride time and keep productivity up, especially with larger group trips. Dispatchers notice patterns in frequent customers and enroll them in subscription trips, to ensure they realistic schedules and to maximize productivity. First Transit knows that staying productive and remaining flexible can be difficult, that is why we strive to have the right tools and people in place to adapt to changing schedules. When a customer cancels their planned trip on the day of, that alters the productivity for the day. Dispatchers re -work the assigned manifests using CTS to find the most efficient new schedules for operators. Dispatchers contact operators to let them know their manifest has changed. The quickest way to do that is with tablets. The instant updating of the tablet alerts operators to a manifest change in real-time. Without them, the dispatchers must call out over the radio to the operator and give them the specifics of what has changed, significantly increasing the possibility of miscommunication. First rAp Transit 75 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e Although First Transit takes pride in our preventative maintenance program, issues do arise that require us to respond to vehicle breakdowns. With more than 65 years of transit experience operating fixed route and paratransit services, we feel confident in our ability to handle any type of breakdown. Road supervisors are the first on the scene to breakdowns and ensure that service is not excessively interrupted. Using a replacement bus leaving the facility, or "picking up" the trip with a bus that would otherwise be returning to the facility helps to quickly restore service for the passengers. Our maintenance manager continuously tracks road calls and repeat mechanical failures. Through this information and First Transit's preventive maintenance program, we aggressively pursue issues and reduce the level of repeat failures. First Transit will continually improve our miles between road calls and immediately respond if disruptions do occur. Road supervisors and dispatchers are in direct communication with each other and the operators to watch unusual traffic conditions. When slowdowns occur, operators receive notifications for the cause of the delay and instructions on alternative routes. Through their tablets, the operators will have automatic rerouting based on traffic conditions and other issues. The interaction between road supervisors, dispatchers, and operators is a crucial factor in preventing loss of performance and keeping passenger satisfaction. First Transit will discuss fare disputes and their ideal resolution with El Monte before contract start. Fare disputes are covered in initial training, and we discuss this issue periodically at our monthly safety meetings. First Transit's procedures specify that operators ask passengers for the correct fare and notify dispatchers if a dispute arises. At the City of El Monte's direction, the operator will attempt to resolve the issue. Informing the passenger of the fare price and reporting the incident to a dispatcher or supervisor usually resolves the dispute. If the passenger is still not satisfied, a road supervisor will meet the bus and discuss the dispute further with the passenger. Recurring problems from the same passenger may require a directive from the City for further action. Operational success includes the ability to plan for events that are outside the normal scope of day-to-day operations. First Transit has developed programs to respond to emergencies and routine problems through our industry -leading best practices. Training for emergencies may include the following programs: • National Incident Management System (NIMS) Training • Incident Command System (ICS) Training • Safety, Security and Incident Response Training • Security Orientation/Awareness Training • Counter -Terrorism Training • OSHA Required Training • Sensitive Security Information (SSI) Training Continuous monitoring and daily vigilance of the service keeps our operators on time, and provides exceptional service to passengers' dependent upon the City of El Monte's transit services. Over the past 10 years, public transportation has made significant progress when it comes to the technology being used in the industry. Much of the technology is meant to improve passenger experience and support operations with items such as on -time performance, productivity, safety, fleet management, and other KPI measurements. 76 First ro Transit First Transit recognizes the many benefits technology provides, which is why we have invested in various solutions and retained subject matter experts (SMEs) who work directly with our clients. These SMEs help determine how to best use today's technologies, with a keen eye toward the future. If there is a better, smarter way to conduct usi we will find it, try i, and share the lessons learned with all our clients. Our team will assist the City of El Monte in the process of identifying the problems and challenges the technology needs to resolve, vetting the technology provider's readiness to share and/or change their product roadmap to better address challenges that surface and determining what technology provides a best -in -class toolset the City of El Monte can use in its transit services. The First Transit Innovation and Operations Support Departments have assembled talented and skilled people in the business who possess deep industry and technology experience and will assist the City of El Monte. Our technology support comes from a variety of departments that include: • Innovation Department — The team consists of subject matter experts with operational experience in mobility services, integrated payments, strategic technology initiatives, mobile applications, trip planning, on -demand services, NEMT, dial -a -ride services, and micromobility. • Information Technology — Our IT experts are professionals in both hardware and software verticals, compliance, technology audit, data privacy and security, cloud -based computing, API integration, data warehousing, and data analysis and management. • Technology ices — The team includes experts who have hands-on experience with transitioning technologies, sustaining applications, training, data analysis, report writing, and providing the tools necessary to leverage meaningful technology with suitable features and modules. • Operations Support — The team consists of hands-on technology experts who leverage solutions to support all operations, fleet maintenance, paperless shops, and business intelligence while maintaining contractual requirements on a day-to-day continuity. • Fleet Electrification — We have organized a team whose primary objective is to assist our transit clients' transition from petroleum -based vehicles to electric. We conduct route analysis, develop infrastructure and fleet maintenance plans, and identify other strategic steps required to transition a fleet to fully electric. • Legal and RiskManagement — Legal regulations on how data privacy is managed, secured, and protected are changing at an alarming rate. First Transit has a dedicated legal and risk management team whose core responsibility is to monitor statutory and legislative changes at the local, county, state, and federal levels. Our innovation and technology experts have considered the City of El Monte's needs, expectations and operating environment when selecting technology tools for deployment into our daily operations. The following technology tools will be incorporated into our daily service delivery for the City of El Monte to ensure safe, efficient and customer -focused transportation services. RIVEAM DriveCam is an on -board camera audio/video data recording system that records when events happen like accidents, aggressive accelerations, sudden stops, or hard cornering. This event -activated camera captures video footage of the vehicle interior and exterior in the seconds before, during, and after the activating incident, which includes collisions, hard braking or turns, or other G-force-related events. The operator can also activate the camera manually in the event of a passenger incident or active threat. EFFECTIVE COACHING DriveCarn is a powerful behavior modification tool, supported by DriveCam's centralized review team. DriveCam personnel analyzes, reviews, and scores recorded videos and sends them to First Transit's safety manager. The safety manager will use this information to develop one-on-one [VtX coaching for specific operators. Coaching includes a review of the event video, a discussion of what happened, and feedback on the exhibited driving behaviors. This allows the operator to see driving DriveCam First rAp Transit 77 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e behaviors that need improvement and provides the operator with the tools to replace these behaviors with safer driving habits. PROACTIVE SAFETY WARNINGS DriveCam SF300 has added benefits to both the City of El Monte and the operators. When the system detects an event, it will give the operator a loud audio warning, to correct the behavior, and recording will begin. SF300 has audio triggers for: • Lane departures • Forward collisions • Following distance • Lane adherence • Rolling stops • Distracted driving events: Handheld device / cell phone use, food and drink, smoking • Drowsy driving • Seat belt use SF300 is the only system that is a solution for proactive operator warning and when paired with incident documentation and training resources it is a beneficial comprehensive system. DriveCam also provides more protections for our passengers as well as our operators. Operators can use a manual activation switch on the DriveCam unit to capture events on board the vehicle such as: • Record the actions of violent or abusive riders • Record the operators' handling of troublesome situations on -board • Document unusual situations for later review by the City of El Monte and First Transit staff REAL-TIME AND HISTORICAL SAFETY MONITORING First Transit managers can also access DriveCam-captured video footage directly and can provide El Monte access as requested. DriveCam also allows management to live -stream inside and outside views of any vehicle in the fleet. The system provides a DVR that can store up to 100 hours of vehicle footage that managers can use for incident investigations or re-training sessions. IMPROVEDF TCOST MANAGEMENT On -road safety issues drive up operational costs and DriveCam is effective tool at reducing costs related to safety incidents. Event -activated video footage drives effective ongoing training and behavior modification for operators, supports accurate incident reporting, and allows First Transit to receive reduced insurance rates. GEOTAB PRO PLUS First Transit is pleased to bring the highest level of Geotab technology available to the City fleet for advanced AVL and monitoring capabilities. Geotab is an industry leader of fleet telematics devices with more than 1.3 million devices in operation and 3 billion data points managgemeni by measurement collected daily. With many major clients including PepsiCo, UPS, and, of course, First Transit, this rugged device is highly -reliable, cost-effective and extremely versatile. Geotab offers advanced GPS technology, g-force monitoring, GEOTAB IOX expandability, and engine and battery health assessments. With these features Geotab is so much more than Automatic Vehicle Location (AVL) technology. Geotab can also track battery charge levels and all its reports have the ability of real time notifications so it is known if a battery or fuel level is low while a vehicle is on the road. First Transit also uses data from Geotab to power its Lean initiatives and Qtime reporting capabilities. 78 First ® Transit KEY BENEFITS AND FEATURES Other AVLs can't compete with Geotab's ease of installation and use. Geotab's GPS vehicle tracking and telematics start recording as soon as the vehicle is in motion, even if the vehicle is parked indoors or underground. To install, simply plug the device into the vehicle's OBD II port or heavy-duty diagnostic port. Because of its speed, accuracy, and cost effectiveness First Transit recommends a Geotab device in every bus it operates. This recommendation is based on what we can use this device to do: • See real-time vehicle positions with a five -second refresh rate • Support dispatch systems • Drive mobile applications and websites for riders • Alerts on electric bus battery charge levels • Communicate diagnostic information • Create and utilize custom reports Geotab allows complete customization of the platform for the City of El Monte services. Geotab can impact service quality and increase El Monte's efficiency: • Fuel Tracking in real time • Vehicle Inspections • Electronic Logging/Fault Codes • Speed/Accelerometer Data • Operator Behavior First Transit is excited to work with the City to create a customized Geotab solution perfect for the operation. Geotab integrates its Geotab GPS devices and Geotab NFC Readers with leading manufacturers, suppliers and third -party apps. If the City of El Monte already has a customized app in place, Geotab can integrate with that as well. Currently, First Transit is increasing our integrations between Geotab and Lytx/DriveCam. We have three successful integrations currently in place: • Single Sign On: Operators can access the Lytx website through Geotab— no need to switch systems or remember multiple passwords. • Lytx Video Browsing: In Geotab, screenshots from the camera at any point during a driver's day or live video can be viewed. • Automatic Drive Event Assignment: Utilizing the Geotab NFC reader, Lytx pulls the driver to vehicle assignment from Geotab and automatically assigns the driver to any events created from that vehicle. For a larger location, this can save hours per day as an employee would typically have to assign each event to a driver manually. AS IQ TECHNOLOGIES (FIXED RoUTE SERVICES) Passio GO represents the next generation of real-time vehicle location tools for passengers and CAD/AVL I management and reporting tools for system operators. First Transit therefore proposes Passio as a central ,y technology for operating the City of El Monte's fixed route services. Fully integrating the best visual tools, i public viewers, and smartphone applications into the IncroMAXX platform provides the City with unparalleled access to real time updates for routes and stops, while instantaneously evaluating the system's performance F from any computer, tablet, or cellphone. Hundreds of hours of testing and consistent customer feedback have produced a tool that is intuitive for passengers, invaluable for daily operators, and indispensable for management and leadership teams. Described later in this section, First Transit has extensive experience with the Passio system and will ensure that our team maximizes the capabilities of this important tool. First rAr Transit 79 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e The Passio GO mobile application is designed to be intuitive and user friendly. No specific training is required for the end users. Once the application is downloaded to the smartphone, the application leads them to naturally understand how to use the key features such as viewing specific routes, tracking buses in real time, and identifying where they need to go simply by tapping on the home screen. For passengers wishing to take advantage of enhanced features such as "follow my bus" or destination planning, the application has straightforward embedded hints and guidance tools that make the app easy for everyone to use. GPS data is updated in real time, typically every second or less, on board the vehicle. Movement change in heading/direction and speed is reported in real time and immediately uploaded via data connection to network servers for representation on public views, website maps, and smartphone applications. Free downloads for iPhone (iOS) and Android (Google Play) users ` alwaysavailable forPassio ' Geo-location button on the home screen allows GPS enabled smartphones orient locaton to map view. User has the option to select all, some, or one route. Only active are r i ` i within the application Application algorithm processes real time vehicle location information forsmooth and steady graphical `• • PASSENGER NOTIFICATIONS: ALERTS AND ANNOUNCEMENTS • The system has two levels of communication within the application: Alerts for immediate notification and highlighted viewing and Announcements for general information. • Alerts scroll above the map and do not require any action by the user to view them. • Announcements are indicated by the red message button on the bottom right of the home screen. Users tap on the indicator to view the more detailed announcement information. r Many customers require the functionality of the smartphone application accessible from any internet- connected PC, tablet, or mobile device. The Interactive Public Viewer includes Optimized Mobile Web View for using the tool on smaller mobile devices such as tablets and smartphones. This ensures that all display features are proportioned correctly for display on smaller screens. Interactive Public Viewer is accessible via a customer specific web link. • There is no additional software to download and the solution is a pure HTML implementation that displays vehicles on a 2-dimensional map. • Vehicle location, passenger load information, and estimated time of arrival (ETA) information is updated automatically without any interaction required from the user. • Vehicle direction is indicated on each bus icon and routes are all drawn in different colors. • Bus stops that are shared by multiple routes are clearly indicated through stop design features. 80 First roTransit • Clicking on the bus icon will show the current location, route, and next stop information for the vehicle. With the introduction of Passio GO Kiosk Mode TM using LiveDisplay.TVTM Passio GO customers have access to configure and customize public views of their vehicle route activity at an unprecedented level. Any internet connected screen from a tablet embedded in a kiosk to a large display monitor at a key transit center or public location can be used to show vehicle and route locations. The unique configuration design provides options for granular access to the display features. A simple weblink is created for each combination of views and options. Once the link is set it can be displayed using standard internet browsers. All vehicle and route information automatically update and refreshes — no user interaction is required to view data in real-time. rSOIN. a t ro Passio NavigatorTM is the engine behind the lncroMAXX Transit PlafforrnTm. Navigator . mVmanages and controls dispatch, route and stop configuration, and reporting access. Dispatch and Messaging for CAD/AVL is managed from a single live map screen located within Passio Navigator TM. The tool provides instant visibility into the status of all vehicles on route, current location, speed, stop and service status. City Dispatchers can instantly reassign, adjust or edit the vehicle status for operations and public viewing from the single screen. CLOUD -BASED MANAGEMENT SOLUTION Passio Navigator TM controls access to system features for each individual user with multi -layered security features. Navigator TM provides customers with full access to configure routes, route blocks, schedules, time points, stop locations, and fleet information. All Passio customers are connected to Passio Navigator TM. Each user's view is limited to their products and services. This ensures that the system is easy to learn, training requirements are minimized, and interactions are efficient for all users. Access and Control Visibility to all settings and the ability to make updates in real time is incredibly valuable for customers. Passio's outstanding account management team is always available to answer questions or make the updates at our customer's requests. This industry leading tool for management and reporting provides customers with unparalleled access to information while ensuring �Y �U 1, M I,dPok � �a N e k p y.^n. aTmW simple and straightforward access to reports and analytics. Passio has developed an integrated, web -based, user guide for training and system use. This system is available to all active customers and is consistently updated by our support team. Reporting, system setup, parameters, alerts, configuration of routes, stops, drivers, and importing data is all controlled through the Passio Navigator. Users are granted access based on their need to review, update, or evaluate aspects of the system. The following management tools are available the City of El Monte through the Navigator interface, based on the services they use from Passio. First ® Transit 81 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e CONFIGURATION TOOLS Through Passio NavigatorTM all customers have access to update all configuration details. These include adding and editing Stops, Routes, and Drivers. READ/WRITE AccESS Access is controlled at the individual action level and is customizable for each user. Passio does not limit the number of users who may have access to either Read or Write actions within Passio Navigator TM. Access to stop, route, and driver information is a single click from the topline configuration menu bar. Updates are straightforward and intuitive, but also provide a significant amount of control and flexibility for managing the system. The Passio reporting system is managed through Passio Navigator TM. This enables our customers to have a single login with access to all reporting, configuration, and management functions within the IncroMAXXTM Platform. The reporting system is divided between dynamic reporting and dashboard reports. The dynamic reporting tools are designed to allow the end user to build reports using combinations of filters for both specific and general areas of analysis. The full spectrum of components and fields within the database are available for the user to build the view they need with a few simple mouse clicks. DASHBOARD REPORTS Dashboard reports enable users to design and save reports to their unique specifications. Users tailor reports based on presentation type, data analyzed, filters used, and comparison analytics. • Fixed Date or Relative Date —set a report period that is fixed from a specific date to a specific date, or create relative date reports (Le. the last 3 months or previous 14 days) 82 First ® Transit • Scheduled Auto Email —email individual reports or an entire dashboard to a single email recipient or a group of recipients. Emails can be scheduled at any interval desired. • Multiple Dash boards —users have the option to create multiple dashboards to group report types by category or target audience. D. b r {l t 'Ss - .K FM tM1 ` 2iS7 jt�y, 3U}" fr44 F'C CUt 6£• N. '5 .?;: frq pc Pli tS I E FE TC4 h CDl nt. iR Fgh 2 42E 422 US 424 425 421 422 423 424 42.5.. a 7 C sa r INCIDENT REPORTING The Passio IncroMAXX Transit platform logs and provides reporting on all tracked incidents. These incidents include In and Out of Service status, system alerts such as speeding, off route, and idling, and customer defined alerts. The defined alerts can be tailored for each system and may include customer specific incidents, emergencies, accidents, and/or passenger incidents. Each incident is tagged with the time, date, latitude, longitude, latitude, route, driver, vehicle number, device number, passenger load, and incident type. If enabled, both audio and photo recordings can be attached to any operator -initiated incident. DFJASSIO UPSVIEW System managers and operators require detailed visibility to 112 manage performance in real time. Historical trends and 12 analysis tools provide detailed data to determine where challenges exist within the system and provide a roadmap to assist with corrections. Using Passio OPS View the leadership �2�.�r ���� �`��' `° team can work quickly to improve performance, enhance efficiency, and reduce wasteful activity that contributes to lost<<�� time and higher costs. OPERATIONAL LIVE MAP View real time vehicle locations, determine whether vehicles are on or off route, and filter the view by route, or vehicle number. REAL TIME PASSENGER LOAD Passio IncroMAXX TransitTM customers using either Automated Passenger Counting or Electronic Passenger Counting (touch screen counting on the mobile data terminal) have the option to view real time passenger load data on both the Passio Navigator Operational Live Map for management as well as the publicly available web viewer, kiosk, and smartphone apps. First Transit 83 L 'INI: (sl2iv''� �c9LFtYKN�F�e GPS PERFORMANCE REPORTS A full suite of vehicle and route -based tracking reports are included with Passio OpsViewT". Examples include vehicle performance and route -based service reports. Understanding the amount of time, a vehicle is in transit on route confirms billing and service delivery. PASSIO INCROMAXX TRANSITT IT (OPTIONAL) In addition, IncroMAXX TransitTM customers have the option to integrate APC (Automated Passenger Counting) into their solution. When choosing Passio's integrated APC solution, all vehicles will have a mobile data terminal on board. The APC will connect through the MDT and will count passengers as they board or alight the vehicle and will work on single -door or multi - door vehicles. Using the MDT provides the City of El Monte with outstanding tracking, reporting, and control capabilities. Passenger counting is fully automated and conducted without any operator interaction. Additional features and capabilities include: an interactive, touch screen program that enables operators to track special passenger types, track field incidents, communicate important messages to supervisors and dispatch, and enter key information such as start time, deadhead time, and driver hours. Passio has partnered with Hella to integrate their three-dimensional, bi-directional, electronic imaging people counting system. With more than 25,000 employees in 30 countries, Hella has been developing and manufacturing automobile technology, chiefly in the areas of lighting and electronics, for more than 100 years. The unit has been designed to work in challenging environments such as variable or low light, multi -level counting fields of vision, and where a large detection range (up to 110°) is needed. The unit is designed to operate from -250 C (-130 F) to +70°C (+1580 F) and only draws about 4W of power. The software is specially designed to compensate for passenger movement up and down stairways or on ramps in low floor buses. The IncroMAXX TransitTm hardware senses passengers from an overhead sensor. Additional sensors are available to trigger passenger counts when door status (open/closed) is transmitted. The system proposed will cover all entry and exit points of the vehicle. The system will create passenger counts without administrator or driver input. Startup will happen with vehicle ignition and does not require any manual input from any source to begin. The system will accurately count passengers as they board and alight and register stops, routes, and runs. The system utilizes 3D camera technology manufactured in Germany by HELLA, which will reliably distinguish passengers and non - passenger objects and can detect double backs and re -crossings. It will detect how many people enter or leave a vehicle with a counting accuracy of 98%, even under unfavorable conditions such as variable lighting or shadows. PASM EXPERIENCE 01 I I I '-J"Nv'\\&' CEka aiw. courting in.. d'Alle'Ving environments w 3D Slewn c,�mrra LJ'8.c tic s".Ykr t 9ange of i.l.5z", First Transit utilizes various versions of the Passio product in a variety of client locations. Passio's CAD/AVL technology, as well as add -on capabilities such as WiFi services and automatic passenger counting tool is an integral part of our operations and reporting programs in more than 16 locations nationwide. We use Passio in the following operations similar in size, scope, or geography to El Monte, including the following: • University of Chicago • University of Alabama • Savannah College of Art and Design • PHL — Aviation • University of Buffalo • Southern CT State University • Rutgers • LAX Airport 84 First ro Transit • Kennesaw State • Georgia Southern • Clemson University • Century Village East • Indebus • College of Staten Island • Chapman University • Brown University First Transit understands the necessity of providing an efficient operation to maintain an optimal customer experience. With our experience using Passio, and our dedication to innovation and technology, First Transit is committed to providing a high -quality operation for both the City of El Monte and our shared passengers. CTS TRIP MASTER IALm I E/ A ATRANSITSERVICES) First Transit proposes using CTS Trip Master Scheduling Software for the City of El MA Monte's Paratransit operations. This software provides an abundance of ° .y knowledge and tools available for your paratransit needs. by CTS software The CTS Trip Master software will supply advanced, integrated technology solutions for the City's service using a suite of software applications and network technology that connect business processes and mission -critical information. Combining systems for planning, scheduling, operations, dispatch, customer information, and reservations, Trip Master is a full -service system to meet your paratransit needs. With optional add-ons to fully customize the service to meet all of the City's needs. Some of the functionality includes: • Custom statistical reporting • Payroll and Overtime Reporting • Fuel and Fluids Reporting • No -Shows and Cancelled Trips Passenger Tracking • Customizable Subscription Trips • Advanced Demand -Response Reservations • Views of pickup/drop-off sites and planned routes with Integrated Mapping • In addition to Trip Master we propose using the MDT/AVL tablet interface, ParaScope, to improve efficient communication between drivers and dispatch. ParaScope acts as a real-time information collection system about vehicles, passenger loads, vehicle locations, and built in -paraScup GPS with mapping. It also is an electronic manifest, updating when Dispatchers make changes to trips. • Trip Master's online rider portal, ParaPortal will benefit both the City of El Monte and our mutual passengers. The online portal allows passengers to book and cancel trips online, faraPortal reducing the calls coming into the call center. • Trip Master also has an Interactive Voice Response System (IVR). The IVR will call the passenger the night before or shortly before on the day of their pickup, minimizing no shows and maximizing efficiency. CTS has more than 30 years of developing online reservations, dispatching, and scheduling systems for public transportation. Their customer service center offers around the clock online support, as well as monthly training webinars for new employees and anyone who wants to refresh their knowledge. First Transit has collaborated with CTS in the past and has not been disappointed in their technology or their level of service. DISPATCH . Pi , . y _. ; . i CTS TripMaster provides flexibility for future growth at a fraction of the cost of Trapeze. It's an intelligent piece of software that can manage data streams from hundreds of data points, taking advantage of the growing "Internet of Things (IOT)." TripMaster's expandable, modern architecture will make sure that transportation providers are able to make decisions with as informed an outlook as possible. First CA' Transit 85 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e Once trips are created and confirmed by the dispatcher staff, they will begin the process of organizing, refining the requests, and schedules for shared -ride service. The dispatch team's primary focus is to follow ADA, FTA, and City of El Monte's guidelines for scheduled pick-up, drop-off, ride time, on -time, and system productivity. TripMaster and scheduling automation feature allows for dispatchers to create advance day and even same day schedules in moments. This feature does not replace the need for skilled dispatchers, but uses advanced pre-set algorithms to create simple schedules freeing up dispatcher time for more complex trip placement issues. Using TripMaster software, the dispatchers methodically and efficiently isolate service inefficiencies, offering immediate resolution to run safe, on time, and cost-effective schedules. Not only are they able to find typical scheduling scenarios such as late pick-up or appointment arrival times, illogical routing, and unrealistic speeds, they also have access to up-to-date performance measurement reports. These measurements include productivity, estimated on -time performance, deadhead (time and distance), slack time, and trip grouping, all on a route by- route basis and available to drill down more granularly to resolve potential impacts on performance The dispatcher staff will keep a practiced eye on routes before the day of service, ensuring proper groupings, reduced deadhead, reduced slack, and best routing. After several iterations of scheduling, staff address any remaining unassigned rides, coordinating callbacks with call center agents where necessary, confirm next day route start and end times, and work closely with management and dispatch to coordinate driver breaks, lunches, and splits to improve resource availability. Additional service management includes applying necessary changes to accommodate last-minute or unexpected shifts in demand and adjusting future schedules in anticipation of major events and/or inclement weather. In addition to TripMaster we propose using the MDT/AVL tablet interface, ParaScope, to improve efficiency of communication between drivers and dispatch. ParaScope acts as a real-time information collection system about vehicles, passenger loads, vehicle locations, and built in GPS with mapping. It also is an electronic manifest, updating when Dispatchers make changes to trips. We also propose using TripMaster's online rider portal, TripPortal. TripPortal will benefit both El Monte and our mutual passengers. The online portal allows passengers to book and cancel trips online, reducing the calls coming into the call center and improving customer service. This module will allow riders' delegates (e.g., assistants from nursing homes or hospitals) make requests on behalf of riders. FACILITY/FUELING DESCRIPTION First Transit will operate the City of El Monte fixed route and paratransit services from its facility at 4337 Rowland Avenue in El Monte. Located less than two miles from the El Monte Trolley Station, our El Monte location provides nearly 6,500 square feet of office, service, and storage space, monitored with CCTV. 86 First f,'p Transit The facility houses operations for the City of Monterey Park, the City of Arcadia, the City of San Gabriel, and the City of Sierra Madre. This sharing of facilities and resources has benefits both economic and operational. Within its main building, the facility houses five offices, each with a desk, networked computer, landline phone, and adequate filing space. Our General Manager, Operations & Safety Manager, Maintenance Manager, Road Supervisor, and Administrative Clerk all have dedicated office space within the facility. The dispatch area is located centrally within the office space to allow constant clear communication with all team members, and quick, easy access for drivers. This area contains seating and computer stations for four dispatchers and one lead dispatcher, as well as a filing station at which drivers submit and retrieve their assignments, logs, and other documentation. With a total lot size of nearly 44,000 square feet, our El Monte location has excess vehicle parking capacity. There are 40 parking spaces designated for revenue buses and shuttles, and 20 for non -revenue cars. Buses are cleaned in the dedicated wash bay located centrally in the parking area. Over 2,500 square feet of this location is dedicated to garage space, which houses all parts, tools, and supplies for our technicians to work in the facility's two service bays. V 1` It is of utmost importance that the transition period minimizes any negative impact to customers, staff, management and the City of El Monte. First Transit successfully manages service transitions in communities throughout North America. Across North America, First Transit managed 22 successful project transitions in 2019 and 2020. We have the experience and methodologies to manage the transition of this project if we are selected as the successful bidder. Our proven approach is detailed in the following sections and will be customized to the City's specific service needs and goals. First Transit understands that transitioning to a new provider can be challenging. The transition to a new service provider must be handled with the greatest level of care and detail to minimize any impact to the riding public. We will dedicate all efforts and resources to ensuring the transition to First Transit will be invisible to all customers, with the only noticeable change beingimprovement in service. First Transit 87 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e UNUM961HUM Key members of First Transit's support management team, including General Manager, Zack Deukmajian, will begin working on the project four months before the actual start-up of service. Our general manager will lead every step of the transition, including coordination with the City and the other managers to complete tasks and milestones. The general manager and local team will have the support of our west regional management team and corporate support staff. These experienced First Transit team members will be on -site at key points during the transition to offer technical assistance, resolve challenges, and move the project forward. Working in partnership with the City of El Monte, our successful transition will encompass the following critical tasks, with a particular focus on minimizing impact to the system, passengers and existing employees. ill .... �,?�st�iiR,�.ac�; t££��a„5��`Ci`'F�5 �'/cr,1ra?i7t �.ui Upon contract award, Region Senior Vice President Fadi Chakbazof, « F® Region Director of Operations Tony Mercado, and our General Manager Zack Deukmajian will meet with the City of El Monte to finalize the transition/start-up plan. This will include designating roles and responsibilities for each transition team member and establishing timelines for completion of tasks. We will also set up a schedule for weekly (or more frequent) meetings with the City of El Monte to monitor progress and resolve challenges throughout the transition period. DEVELOPING FIRST YEAR GOALS AND OBJECTIVES During the start-up period, First Transit and the City of El Monte will clarify service goals, objectives and key performance indicators for the first year of operation. We will unite your goals with our vision and values as the foundation of our operation, both during the transition and throughout the life of the contract. Operational performance measures, including benchmarks for customer service performance, will serve as the basis for El Monte to monitor and evaluate our performance. RECRUITMENT AND HIRING Our initial emphasis during transition will be placed on the "onboarding" of current El Monte transit employees and recruiting regionally and nationally for openings in the operations. First Transit understands that the existing front-line staff are a valuable asset. As such, an integral part of our plan is to hire the majority of the incumbent workforce. In our experience, we anticipate as many as 90% of the current workforce will choose to accept employment with First Transit. To ensure these employees are confident and comfortable throughout the transition, we will schedule orientation meetings with the incumbent provider's employees immediately after the award of contract. During these meetings, we will: • Express our desire to hire as many existing employees as possible • Detail the process for making the transition to First Transit • Reassure employees that their existing employment with the outgoing provider will not be threatened by pursuing employment with First Transit • Provide a contact number that employees can call for any questions or concerns that may arise during the transition 88 First roTransit Throughout the transition, our team will keep lines of communication open with the transitioning workforce, providing updates as needed. First Transit will proactively recruit and hire employees to fill any open positions not filled by existing employees. Our human resources team will lead this effort, along with our general manager. The focus will be on recruiting and hiring from within the community. Recruiting efforts will include advertising in local newspapers and web sites that focus on the service area. e focus on finding operator candidates who have strong customer service backgrounds with a clean driving record. Motivated candidates with an aptitude for customer service benefit our team and our service by improving customer relations, thus reducing conflict and other passenger incidents. Our training programs thoroughly equip applicants for successful service delivery and bus operation. First Transit's Human Resources and Labor Relations team has provided expertise for many recent transitions. Tom Secrest is a labor attorney and First Transit's vice president of labor relations. He handles negotiation of labor contracts, ongoing labor relations and establishing all human resource programs. TRAINING AND CERTIFICATIONS First Transit will assess existing employees' skill levels and determine the level of training required. Typically, transitioning employees will have a shorter training period. We will conduct training for existing employees outside of regular working hours so as not to interfere with their current driving assignments. This ensures the City of El Monte continuously has sufficient staff numbers to deliver service throughout the transition. For new hires, training classes will begin as soon as necessary. New hire operators will complete 80 hours of training prior to service to ensure they are fully prepared to perform their roles. Classes will have staggered start times to maximize the use of our training staff. Our local Safety and Training Manager Juan Casillas and the west region safety team will support our transition team with the implementation of First Transit's training and safety programs, among other processes. PROCESSES AND PROCEDURES During start-up, First Transit's transition team will establish administrative, safety, training, maintenance, and other processes and procedures, such as: • Payroll • Purchasing/inventory • Employee files, including medical, certifications, and training • Reporting • Insurance • Customer feedback management • Facility security • Accident/incident investigation and documentation FLEET MAINTENANCE VEHICLE TURNOVER INSPECTION Ensuring the City of El Monte's fleet is in good repair and current with OEM -recommended maintenance recommendations is a major focus of our transition. Upon award of contract, we will schedule an inspection of all City fleet and equipment assets. This will be performed by a third party vendor agreed upon by the City and supervised by First Transit, the City of El Monte, and the outgoing contractor. This inspection will follow a standard form showing all defects and take place 60 to 90 days in advance of contract start. The outgoing service provider will have allotted time to correct any items noted in the inspection. A final inspection will take place by the third -party vendor, noting any remaining defects. First Transit will be compensated by the outgoing contractor at a negotiated rate for all open defects at time of turnover. First Transit will repair all open defects as soon as possible, prior to service start. First Transit 89 F'YOE. Et. Rj'4.' � Uryh V Ft L '1N1: (512iv:'; �c9LFtYKN�F�� e A benefit of having a current operation within the El Monte city limits, is our ability to leverage existing assets, procedures and even personnel. In this case, First Transit will use existing support vehicle fleet in El Monte location to support the City's transit operations. ESTABLISHING THE MAINTENANCE OPERATION Our Maintenance Manager Ben Casillas and Region Director of Maintenance Scott Hansen will implement First Transit's fleet - specific maintenance plan prior to the start-up of services. First Transit will review the current contractor's inventory and offer to buy all useful parts, tools, and equipment. We will also review parts usage to ensure a complete inventory the first day of service. First Transit will buy any new equipment necessary to ensure we have all tools needed the first day of service. First Transit's Senior Vice President of Maintenance Mr. Todd Hawkins will also provide his expertise to transitions. Todd will aid in setting up all maintenance programs and lead the installation of our maintenance information system, FirstBase. A key to the transition will be the corporation of the incumbent during the changeover. Due to the higher -than -average road call historical trend and the age of the vehicles, we ask that any major component failures within the first six (6) months of our operation be reimbursed by the incumbent or the city. We are open to discussing this request during contract negotiations. The draft transition timeline represented in the table below is based on the information provided in the RFP, as well as our experience with similar service transitions. This timeline addresses key tasks and milestones, ensuring no aspect of the service is overlooked during the transition period. A more detailed transition plan will be developed and finalized prior to service start in coordination with the city of El Monte. Please see the Attachments section of this proposal for the required Transition Timeline. VISALIA TRANSIT (VISALIA, ) First Transit began operating fixed route (conventional) and demand -response services for the City of Visalia in 2018. The fixed route service operates on 12 routes within the city limits. We assumed responsibility for the operations and maintenance of a fleet of 78 vehicles. The fleet had been left in disrepair by the previous contractor, impacting service reliability and customer satisfaction. Further, we were faced with hiring a team of 140, comprising represented employees — many of whom had been with the previous contractor and the service for several years. First Transit's region support staff arrived on site 90 days prior to service start to oversee the transition. This team remained on - site for several months following the start of service to support the local team in establishing a stable working environment and address any issues that arose following service start. Our region maintenance staff worked with the maintenance manager to oversee the fleet inspection, transition, and overhaul. This included working with the outgoing contractor to review maintenance records for documentation and to begin scheduled repairs if necessary. All necessary repairs and overdue inspections were performed prior to service start, ensuring the fleet was safe and ready for operation. Our Region HR staff oversaw local recruiting, screening, and hiring efforts. This team worked collaboratively with the local union to hire 125 employees employed by the previous service provider, allowing us to retain significant local and operational knowledge with the service. As a result of our efforts, service began on the first day and with no service interruptions or impact to the ridership. In our 2019 Customer Survey, the City of Visalia agreed "First Transit provides an effective maintenance program to ensure fleet reliability" and that we "provide quality service for passengers," First Transit operates more than 325 contracts on behalf of our customers, most in the public transit industry. We have extensive experience managing accounts that are federally funded and subject to Federal Transit Administration (FTA) reporting requirements. As a result, we are highly proficient with the requirements of the Uniform System of Accounts (USA) and National Transit Database (NTD). Accurate accounting and reporting are another major key to a successful operation. Because of this, 90 First roTransit we will hire a dedicated administrative assistant to solely focus on the El Monte operation and its critical reporting requirements. Under the oversight of the operations manager, all required reports will be reviewed by multiple sets of eyes to ensure accuracy before submission to the City. First Transit has established a series of reports to satisfy these needs and has developed processes and procedures to verify the integrity of the data being shared. Our Dashboard management information system (MIS) provides us with a wealth of operating data to generate reports. Specific management reporting activities include: • Maintaining an effective MIS capability to assist in our El Monte reporting efforts • Gathering data from various sources • Processing data for use in reports • Measuring operations progress against established goals • Preparing and distributing reports to responsible individuals • Obtaining feedback to explain any variances and actions taken to correct them As mentioned before, accurate, comprehensive reporting is critical to our internal communications, client communications, and federally mandated reporting requirements. Our standard reports, as well as those customized to meet City requirements, will include data gathering, method of data compilation and analysis, and the frequency of each report. First Transit provides a variety of standard and customized reporting options to best meet the City of El Monte's needs. Below is a sample list of available reports: Method I Random selection of vehicle method usina form C.2710.2A We compile this information for transit systems nationwide and will do so for the City's FTA reporting Notes requirements, if applicable. Daily statistics and financial data will be maintained in our computer systems to ensure that demand -response financial and operating statistics are segregated. This provides an accurate reflection of eligible reimbursable items and expenses. First rAp Transit 91 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e Method I CTS computerized reservations and schedulina software I Multiple records are generated throughout the day to help control and improve our delivery of service. Categories include dispatch log, communications record and service control information, supervisor reports on Notes I service and driver performance, conditions, accidents and incidents, discipline and commendations, and payroll exceptions. This information is summarized by the operations manager and is provided to management in a daily Operations Report. Hard copies of original data are retained for record keeping. First Transit is committed to providing disadvantaged companies with opportunities to grow and develop. We actively seek to bring these vendors into our network of suppliers whenever feasible, with the goal of meeting and/or exceeding client thresholds for participation. This approach is mutually beneficial for Disadvantaged Business Enterprises (DBE), our client, and First Transit — as well as the local economy and community. Products and services from a robust DBE supplier base stimulate innovation and provide us with the best resources for our operations. This strengthens the value we bring to our clients and the cost efficiency of our transit operations. Further, our vendors benefit from wider industry exposure and access to First Transit's best practices and support for their ongoing development. First Transit's plan is to maximize opportunities for participation for DBEs in order to meet the 2% DBE participation goal. We are pleased to propose the participation of the following vendors and/or subcontractors. First Transit commits to diverse companies with opportunities to grow and develop. At many of our California operations, First Transit exceeds the goal set forth by our customers for disadvantaged, small and minority -owned business participation. First Transit was nominated for the California Disability Services Association's Excellence in Employment Award Program for our commitment to diversity in the workplace, demonstrated by our efforts to expand job opportunities for persons with developmental disabilities in San Diego, CA. 92 First ro Transit For the City of El Monte contract, First Transit will secure the services of Blue Goose Uniforms (JCM & Associates), who is DBE and MBE certified across the country. For over 30 years, they have helped their partners/clients enhance their brand image and identity by providing high quality branded apparel and products; all backed by an unmatched commitment to service and personal care. Blue Goose provides: • Quality products from name brands of all shapes, colors and sizes • Custom uniform programs & program management • State of the art embroidery • Over 30 years' experience and personal service 0 We will also utilize Oscar's Mobile Body and Detail. Oscar's, a DBE -certified company, has been a staple in the Los Angeles community for over 30 years and specializes in repairing damage to virtually any kind of vehicle. We will outsource any bodywork and damage repair for the El Monte fleet to Oscar's. Twin Valet Parking, Inc. Twin Valet Parking is a minority owned company committed to providing professional services through honesty, courtesy, commitment and cooperation. Twin brothers, Ricardo and David Mujica, shared this vision and after hard work in the industry for many years, they co-founded Twin Valet Parking in the year 2000. The City of Los Angeles approved their DBE/MBE status in 2015 which has been kept in good standing since then. Twin Valet Parking will be employed to handle the daily cleaning of our facility as well as the required two times per year vehicle detailing. They are fully licensed and are in conjunction with all rules and regulations regarding waste management in different cities across the region. First Transit is committed to continuing our search for additional qualified vendors to work with moving forward. Our total projected DBE participation, based on the above company participation is 1.63% of the base term revenue. References for all DBE/SBE companies are available upon request. In an effort to identify certified DBEs for participation in the City of El Monte transit services, First Transit posted a Good Faith Effort advertisement on the DBE Good Faith Effort Site ( f„).Our advertisement was then posted on Twitter, Linkedln, Focus Journal, Trade Journal, and other relevant media. We have included our ad posting as supporting material for our Appendix 1 DBE forms, to be found in the Attachments section of this proposal. First Transit will facilitate or provide resources, training, and other support services for our DBE partners to support their ongoing development throughout the contract term. This includes a quarterly quality and customer service audit to confirm our joint success in the provision of fixed route and paratransit/Dial-A-Ride services. The result is the City's assurance that our firms will collectively meet your requirements for this contract. Further, First Transit recognizes that our inclusion of disadvantaged business partners in the El Monte transit operation also requires an ongoing commitment to explore new and expanding opportunities for DBE participation,beyond the initial procurement process. First ® Transit 93 V �t L 'INI: (sl2iv''� �c9LIFtYKN�F�e AND r,; 1 l r w Including disadvantaged business partners has always been — and will always be — part of First Transit's commitment to the communities we serve. We are proud of our past and current success with meeting client DBE participation goals and developing DBE partners across the Country. • At our paratransit contract for the Metropolitan Transit Authority of Harris County (METRO) in Houston, TX, we have consistently exceeded METRO's diverse business goal throughout our current contract term. We currently achieve 19.8% participation, far exceeding the client's goal of 10.9%. Our primary DBE partners include a recruiting and hiring firm, auto body shops, and vehicle suppliers. • We also consistently exceed diverse business inclusion goals at our paratransit operation for the Maryland Transit Authority ( ) in Baltimore, MD. Here, First Transit is achieving 18.8% participation, exceeding our client's goal of 17%. Key partners include transportation providers, fuel, staffing agencies, parts suppliers, and background check companies. • First Transit has consistently exceeded the 5% DBE requirement at each of our contracts for our fixed route contract for the Regional Transportation District (T) in Denver, CO. Participating DBEs in this contract include staffing agencies, drug and alcohol testing companies, vehicle repair services, cleaning, and janitorial services. • REM Services, Inc., a Houston -based staffing firm, was founded in 2017. Today, we partner with REM in many locations nationwide, including Houston, TX, Orange County, CA, Phoenix, AZ, and Chicago, IL. REM performs recruiting, hiring, and staffing services using its community -based contacts with local organizations to attract a diverse workforce of dedicated and qualified employees. COST PROPOSAL FORM Please refer to the Attachments section of this proposal for the completed Cost Proposal Forms 1A through 1 E. LIST OF REFERENCES CITY F ROSEMEAD () First Transit has operated the City of Rosemead, California, paratransit system since April 2020. Led by Zack Deukmajian from our El Monte location, the Rosemead system serves the Rosemead community by offering Dial -A -Ride service to destinations within five miles of the city limits seven days a week. Rosemead Transit consists of seven vehicles total, and nine employees. First Transit and the city have formed an excellent working relationship. In our 2021 customer survey, we scored a 10 out of 10 in overall satisfaction, with one City of Rosemead respondent saying they were "Completely happy. [This is the ] best decision [we've] made." "There is not a .single think l can think of that would improve how well we have been served by Zack and the gang.,, —City of Rosemead Feedback (2021 Customer Survey) 94 First roTransit I (CA) First Transit has operated the City of Monterey Park Spirit Bus since July 2015, when we won the business from MV Transportation. This fixed route system consists of 20 buses (nine of which are fueled by CNG) and five local routes. It is also run out of our El Monte location First Transit won the Monterey Park contract again in 2019. In our 2021 customer survey, the city scored First Transit a 9 out of 10 in overall satisfaction, with general manager Zack Deukmajian getting special praise. We are proud of our ongoing service to Monterey Park. "General Manager Zack Deukrnajian showed leadership during COVID-19 and working with the City in response to CGVID-19." —City of Monterey Park Feedback (2021 Customer Survey) First Transit has operated the City of Pasadena fixed route community circulator and DAR service since July 2001. The DAR service is a curb -to -curb service that provides transportation to people that live in the service area that are at least 60 years old or eligible for a LACTOA Disabled Reduced Fare. The service operates out of a First Transit location at 303 N. Allen Ave., Pasadena, CA. It consists of 36 vehicles and 86 employees. First Transit won renewals for the Pasadena contract in 2009, 2014, and May 2021. In our 2021 Customer Survey, the City of Pasadena rated First Transit a 10 out of 10 in overall satisfaction and a 10 out of 10 in likelihood to recommend. "First Transit consistently demonstrates a commitment to cuffivating an inclusive and diverse culture, and that they always have the community's best interests in mind." —City of Pasadena Feedback (2021 Customer Survey) First Transit 95 V �t L 'INI: (512iv:'; �c9LIFtYKN�F�F CITY OF ALHAMBRA (CA) First Transit has operated the City of Alhambra's fixed route and paratransit services since August 2019. The service operates out of First Transit's location at 4337 Rowland Ave. in El Monte, CA and consists of 17 vehicles and 19 employees. First Transit has operated the Pomona Valley Transportation Authority paratransit service since January 2014. Located at 1027 Brooks St. in Ontario, CA, this operation consists of a fleet of 26 vehicles and 30 employees. First Transit won a renewal for the Pomona Valley contract in 2020, after the client opted to exercise options to extend the original 2014 contract, in order to continue working with First Transit. In addition, in our 2021 Customer Survey, Pomona Valley rated First Transit a 10 out of 10 for both maintenance and safety, noting that these rates stayed consistent, even throughout the pandemic. "On -time perfoanance, maintenance, and safety are real strong points with First Transit.„ Pomona Valley Transporation Authority (2021 Customer Survey) 96 First f,'p Transit CENTRAL CONTRA COASTAL TRANSIT AUTHORITY ( ) CLIENT LIST We have provided in the Attachments section of this proposal the required list of all transit and paratransit services provided within the states of California, Arizona, Nevada, Oregon and Washington for the last five (5) years. Day in and day out, our focus is on delivering exceptional customer service to our riders and communities. We are confident in our ability to achieve this goal and exceed the City of El Monte's expectations through our professional and ethical business practices. Each year, we ask every First Transit client in our East, Central and West regions to tell us how satisfied they are with the services we provide. Some of our evaluations use the following statements: • Likelihood to recommend First Transit • Overall satisfaction of Local Management • First Transit provides quality service for passengers • First Transit puts safety at the front of their mind • First Transit's training program is effective at preparing drivers for service We strive t0 provide safe, reliable, cost-effective service to riders, communities, and you, our client. The below chart illustrates our customer ratings in our most recent survey. First rAp Transit 97 0 9.5 4 9.4 E 9.3 0 9,2 0 9.1 M e e<a A� any, 41QQ We regularly seek out client feedback and especially on our customer survey we look for areas we can improve any relationship. Below are some samples of some recent customer survey feedback: "Our Local Management team is extremely responsive, professional, reliable and communicative. Built on the trust they have earned and consistently reinforce with transparency and dedication to excellence, the overall working relationship they have with us is extremely strong." —City of Pasadena Customer Feedback "First Transit has been a partner for over twenty years and has done an excellent job. " —Houston METRO Customer Feedback '7 believe the staff truly enjoy what they do, and they really take pride in helping the public. i am proud of them for doing what they do every day, regardless of the weather, even in a global pandemic," —New York State Department of Transportation Customer Feedback "We all work very well together as a team in whole. I am very satisfied with the local First Transit team, " —Lorain County Customer Feedback "First Transit provides the partnership we ask fora professional, accountable, collaborative and committed to providing quality services to our clients." —Multinomah County Customer Feedback "Your local core management team has been very knowledgeable and responsive to the needs of the service and our customers. The three GMs assigned to the project have all been top notch and accommodating in meeting our service requirements. " —San Mateo County Customer Feedback 98 First roTransit Redacted due to Proprietary or Confidential Information (PDF Fig. 106) First Transit 99 V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e PERFORMANCE BOND First Transit agrees to deliver said Performance Bond at the time of or prior to execution of the Agreement, per the requirements of this RFP. In order to demonstrate capability of obtaining this Performance Bond, First Transit has included a Letter of Surety in the Attachments section of this proposal. VERBAL AGREEMENT OR CONVERSATION First Transit understands and agrees to the Verbal Agreement or Conversation requirements of this RFP. No prior or current verbal conversations or agreements with any representative of the City shall affect the terms of this RFP, or any resulting contract. 100 First ro Transit n m z Cl) K"Timlilly4ft ATTACHMENTS ATTACHMENT 1 • Cost Proposal Forms 1A through 1 E • Proposal Letter/ Certificate of Acceptance FIN . 4 , A 3 • Proposal Check Sheet ATTACHMENT 4 • Performance Bond Form ATTACHMENT 5 • Certification Regarding Lobbying ATTACHMENT 6 • False Claims/ False Claims Act Certification ATTACHMENT 7 • Civil Litigation History/ Civil Litigation Certification ATTACHMENT 8 • State of California Drug Free Workplace Certification ATTACHMENT 9 • Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters ATTACHMENT 10 • Communications with City Council, Advisory Committee and City Staff Disclosure of Contacts with Council Members ATTACHMENT 11 • Appendix 1 - DBE Forms A-C and Good Faith Effort ATTACHMENT 12 • Appendix 2 — Federal Contract Clauses First Transit 101 domm V �t L 'INI: (sl2iv''� �c9LFtYKN�F�e ATTACHMENT 13 • This attachment intentionally left blank ATTACHMENT 14 • Letter of Surety for the Performance Bond • Certificate of Insurance ATTACHMENT 15 • Proposed Management Team Resumes ATTACHMENT 16 • Transition Timeline • Client List KIIIU4►� ►.f:3 • Driver Training Manual • First Transit Employee Manual • Safety Program • FTA Drug and Alcohol Policy ATTACHMENT 19 • Accident Reporting Procedures • Management Report 102 First f,'p Transit IFAIM Tmzo� ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary First Transit, Inc. Form 2022/23 1-A: COST 2023124 PROPOSAL -Fixed 2024125 Route 2025126 Onl (hourly) 2026127 2027128 2028129 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2; OYR3 OPERATIONS Driver Payroll $ 560,958 $ 581,910 $ 603,421 $ 628,843 $ 653,706 $ 680,245 $ 706,505 $ 732,765 Driver Benefits & Payroll Expenses $ 261,586 $ 272,704 $ 286,076 $ 300,004 $ 313,643 $ 329,325 $ 344,929 $ 359,894 Other Operations Staff Payroll $ 136,285 $ 139,964 $ 143,743 $ 147,625 $ 151,610 $ 155,704 $ 159,908 $ 164,225 Other Operations Staff Benefits & Payroll Expenses $ 53,299 $ 55,675 $ 58,025 $ 60,481 $ 63,048 $ 65,729 $ 68,531 $ 71,460 Driver Training Payroll $ 36,725 $ 21,984 $ 18,106 $ 17,934 $ 17,826 $ 18,081 $ 17,825 $ 17,813 Driver Training Benefits &Payroll Expenses $ 12,505 $ 7,370 $ 6,130 $ 6,080 $ 6,067 $ 6,163 $ 6,100 $ 6,132 Supplies $ 9,391 $ 9,924 $ 10,507 $ 10,840 $ 11,336 $ 11,440 $ 11,745 $ 12,432 Vehicle Costs- Maintenance $ 251,423 $ 263,363 $ 273,513 $ 283,044 $ 295,074 $ 301,377 $ 311,021 $ 326,425 Fuel to be provided by the City at the City's expense Communications Equipment $ 1,080 $ 1,107 $ 1,135 $ 1,163 $ 1,192 $ 1,222 $ 1,252 $ 1,284 Miscellaneous Operations Costs $ 10,798 $ 12,474 $ 12,391 $ 12,701 $ 13,018 $ 13,344 $ 13,677 $ 13,796 TOTAL OPERATIONS EXPENSES $ 1,334,050 $ 1,366,475 $ 1,413,047 $ 1,468,715 $ 1,526,520 $ 1582,630 $ 1,641,493 $ 1,706,226 OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ 89,600 $ 91,877 $ 94,212 $ 96,606 $ 99,061 $ 101,579 $ 104,161 $ 106,809 Administration/Management Benefits & Payroll Expenses $ 23,658 $ 24,601 $ 25,533 $ 26,504 $ 27,516 $ 28,572 $ 29,672 $ 30,819 Insurance $ 97,608 $ 100,514 $ 103,812 $ 107,283 $ 110,878 $ 114,608 $ 118,458 $ 122,450 Facility Rent $ 13,102 $ 13,429 $ 13,765 $ 14,109 $ 14,462 $ 14,823 $ 15,194 $ 15,574 Utilities $ 24,999 $ 25,624 $ 26,264 $ 26,921 $ 27,594 $ 28,284 $ 28,991 $ 29,715 Other/Overhead Costs $ 136,363 $ 139,367 $ 158,488 $ 162,740 $ 167,278 $ 143,837 $ 148,502 $ 146,723 Profit/Fee $ 71,641 $ 73,412 $ 76,463 $ 79,287 $ 82,221 $ 83,931 $ 86,936 $ 89,930 TOTAL OTHER COSTS $ 456,971 $ 468,824 '$ 498,537 $ 513,450 $ 529,010; $ 515,634 $i 531,914 $ ' 542,020 TOTAL. ANNUAL. COST'. $ 1 1,791,021 $ 1,835,299 $ 1,911,584 $ 1,982,165 $ 2,055,530 $ 2,098,264 $ 2,173,407 $ +: 2,248,246 Vehicle Revenue Hours (projected) $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,317 PROPOSED COST PER VEHICLE REVENUE HOUR $ 84.06 $ 86.14 $ 89.72 $ i 93.03 $ 96.47 $ 98.48 $ 102.00 $ i 105.52 ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary •rm First Transit, Inc. 1 -13: COST 2022/23 PROPOSALOnly 2023/24 2024/25 2025/26 • 2026127 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ 143,219 $ 149,500 $ 153,849 $ 159,301 $ 164,685 $ 170,138 $ 176,212 $ 182,493 Driver Benefits & Payroll Expenses $ 90,431 $ 90,807 $ 94,341 $ 99,168 $ 103,067 $ 107,585 $ 112,625 $ 117,306 Other Operations Staff Payroll $ 136,285 $ 139,964 $ 143,743 $ 147,625 $ 151,610 $ 155,704 $ 159,908 $ 164,225 Other Operations Staff Benefits & Payroll Expenses $ 53,299 $ 55,675 $ 58,025 $ 60,481 $ 63,048 $ 65,729 $ 68,531 $ 71,460 Driver Training Payroll $ 1,411 $ 5,167 $ 4,611 $ 5,003 $ 4,790 $ 5,033 $ 5,092 $ 5,078 Driver Training Benefits & Payroll Expenses $ 593 $ 2,059 $ 1,866 $ 2,028 $ 1,963 $ 2,076 $ 2,111 $ 2,122 Supplies $ 2,303 $ 2,398 $ 2,687 $ 2,759 $ 2,865 $ 2,966 $ 3,063 $ 3,152 Vehicle Costs - Maintenance $ 173,241 $ 178,985 $ 184,703 $ 190,339 $ 196,556 $ 202,777 $ 209,307 $ 215,816 Vehicle Costs - Fuel $ 26,877 $ 27,952 $ 29,129 $ 30,294 $ 31,506 $ 32,766 $ 34,077 $ 35,440 Communications Equipment $ 960 $ 984 $ 1,009 $ 1,034 $ 1,060 $ 1,086 $ 1,113 $ 1,141 Miscellaneous Operations Costs $ 6,966 $ 8,870 $ 9,092 $ 9,319 $ 9,552 $ 9,791 $ 10,036 $ 10,287 TOTAL OPERATIONS EXPENSES + $ 635,585 ` $ 662,361 $ 683,055 $ 707,351 $ 730,702 $ 755,651 '$ 782075 $ `, 808,520 OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ 89,600 $ 91,877 $ 94,212 $ 96,606 $ 99,061 $ 101,579 $ 104,161 $ 106,809 Administration/Management Benefits & Payroll Expenses $ 23,658 $ 24,601 $ 25,533 $ 26,504 $ 27,516 $ 28,572 $ 29,672 $ 30,819 Insurance $ 68,160 $ 70,256 $ 72,478 $ 74,716 $ 77,026 $ 79,411 $ 81,875 $ 84,419 Facility Rent $ 13,102 $ 13,429 $ 13,765 $ 14,109 $ 14,462 $ 14,823 $ 15,194 $ 15,574 Utilities $ 24,999 $ 25,624 $ 26,264 $ 26,921 $ 27,594 $ 28,284 $ 28,991 $ 29,715 Other/Overhead Costs $ 102,300 $ 104,996 $ 123,107 $ 126,065 $ 129,220 $ 112,596 $ 115,969 $ 112,599 Profit/Fee $ 39,892 $ 41,381 $ 43,267 $ 44,678 $ 46,066 $ 46,705 $ 48,247 $ 49,519 TOTAL OTHER COSTS ` $ 361,711 $ 372,164 $ 398,621 $ 409,599 $ 420,945 $ 411,970 $ 424109 $ 429,454` TOTAL ANNUAL COST $ 997,296 $ 1,034,525 $ ;1,081,681 $ 1,116,950 $ 1,151,647 $ 1,167,621 $ 1,206,184 $ 1,237,974i Vehicle Revenue Hours (projected) 4,927 4,927 4,927 4,927 4,927 4,927 4,927 4,927 PROPOSED COST PER VEHICLE REVENUE HOUR $ 202.41 $ 209.97 $ 219.54 $ 226.70 $ 233.74 $ 236.98 $ 244.81 $ 251.26 ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary • First Transit, Inc. 2022/23 ' 2023124 • 2024/25 Route Combined 2025126 2026/27 • 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ 565,148 $ 586,058 $ 607,534 $ 633,813 $ 659,245 $ 686,937 $ 713,499 $ 740,343 Driver Benefits & Payroll Expenses $ 242,330 $ 254,059 $ 266,587 $ 279,696 $ 292,386 $ 307,392 $ 322,046 $ 336,121 Other Operations Staff Payroll $ 129,536 $ 133,034 $ 136,625 $ 140,314 $ 144,103 $ 147,994 $ 151,989 $ 156,093 Other Operations Staff Benefits & Payroll Expenses $ 50,841 $ 53,107 $ 55,350 $ 57,693 $ 60,141 $ 62,700 $ 65,373 $ 68,167 Driver Training Payroll $ 39,057 $ 21,025 $ 17,315 $ 16,964 $ 16,866 $ 17,134 $ 16,791 $ 16,756 Driver Training Benefits & Payroll Expenses $ 12,486 $ 6,642 $ 5,523 $ 5,416 $ 5,403 $ 5,491 $ 5,403 $ 5,420 Supplies $ 9,097 $ 9,584 $ 10,106 $ 10,419 $ 10,885 $ 11,028 $ 11,338 $ 11,943 Vehicle Costs - Maintenance $ 193,992 $ 204,466 $ 215,028 $ 222,330 $ 234,434 $ 237,018 $ 241,682 $ 254,168 Fuel to be provided by the City at the Cityexpense' s Communications Equipment $ 1,462 $ 1,499 $ 1,536 $ 1,574 $ 1,614 $ 1,654 $ 1,695 $ 1,738 Miscellaneous Operations Costs $ 9,818 $ 10,944 $ 11,057 $ 11,169 $ 11,449 $ 11,735 $ 11,851 $ 12,147 TOTALOPERATIONS EXPENSES' $ 1,253,767 $ 1,280418 $ 1,326,661 $ 1,379,388 $ 1,436,526 $ 1,489,083 $ 1,541,667 $ 1,602,896 OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ 72,773 $ 74,622 $ 76,519 $ 78,463 $ 80,457 $ 82,502 $ 84,600 $ 86,750 Administration/Management Benefits & Payroll Expenses $ 19,215 $ 19,981 $ 20,738 $ 21,527 $ 22,349 $ 23,206 $ 24,100 $ 25,031 Insurance $ 88,662 $ 91,273 $ 94,334 $ 97,557 $ 100,902 $ 104,376 $ 107,961 $ 111,683 Facility Rent $ 10,437 $ 10,698 $ 10,965 $ 11,239 $ 11,520 $ 11,808 $ 12,103 $ 12,406 Utilities $ 19,914 $ 20,412 $ 20,922 $ 21,445 $ 21,981 $ 22,531 $ 23,094 $ 23,671 Other/Overhead Costs $ 137,669 $ 140,513 $ 156,826 $ 161,047 $ 165,627 $ 144,894 $ 149,607 $ 149,014 Profit/Fee $ 66,772 $ 68,244 $ 71,123 $ 73,779 $ 76,638 $ 78,268 $ 80,968 $ 83,812 TOTAL OTHER COSTS $ 415,442 $ 425743 $ 451,427 $ 465,057 $ 479,474 $ 467,585 ; $ 482,433 $ 492,367 TOTAL ANNUAL COST $ 1,669,209 : $ 1,706161 $ 1,778,088 $ 1,844,445 $ 1,916,000 $ 1,956,668 $ 2,024,100 $ 2,095,263 Vehicle Revenue Hours (projected) $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 $ 21,307 PROPOSED COST PER VEHICLE REVENUE HOUR $ 78.34 $ 80.08 $ 83.45 $ 86.57 $ 89.92 $ 91.83 $ 95.00 $ 98.34 ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary Form First Transit, Inc. 1-D: COST 2022/23 PROPOSAL 2023/24 - DAR/Para 2024/25 Combined 2025/26 2026/27 (hourly) 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ 130,676 $ 135,511 $ 140,476 $ 146,553 $ 152,433 $ 158,836 $ 164,978 $ 171,185 Driver Benefits & Payroll Expenses $ 56,033 $ 58,744 $ 61,641 $ 64,672 $ 67,607 $ 71,076 $ 74,465 $ 77,719 Other Operations Staff Payroll $ 29,952 $ 30,761 $ 31,591 $ 32,444 $ 33,320 $ 34,220 $ 35,144 $ 36,092 Other Operations Staff Benefits & Payroll Expenses $ 11,756 $ 12,280 $ 12,798 $ 13,340 $ 13,906 $ 14,498 $ 15,116 $ 15,762 Driver Training Payroll $ 9,031 $ 4,862 $ 4,004 $ 3,922 $ 3,900 $ 3,962 $ 3,883 $ 3,874 Driver Training Benefits & Payroll Expenses $ 2,887 $ 1,536 $ 1,277 $ 1,252 $ 1,249 $ 1,270 $ 1,249 $ 1,253 Supplies $ 2,323 $ 2,447 $ 2,581 $ 2,660 $ 2,779 $ 2,816 $ 2,895 $ 3,050 Vehicle Costs - Maintenance $ 70,482 $ 72,926 $ 73,523 $ 76,541 $ 77,687 $ 82,456 $ 88,620 $ 92,535 Vehicle Costs - Fuel $ 27,079 $ 27,949 $ 29,030 $ 30,180 $ 31,379 $ 32,631 $ 33,925 $ 35,275 Communications Equipment $ 338 $ 346 $ 355 $ 364 $ 373 $ 382 $ 392 $ 402 Miscellaneous Operations Costs $ 2,270 $ 2,531 $ 2,557 $ 2,583 $ 2,647 $ 2,713 $ 2,740 $ 2,809 TOTAL OPERATIONS EXPENSES $ 342,827 $; 349,893 $ 359,833 $ 374511 $ 387,280 $ 404,860 $ 423,407 $ 439,956'' OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ 16,827 $ 17,254 $ 17,693 $ 18,143 $ 18,604 $ 19,077 $ 19,561 $ 20,059 Administration/Management Benefits & Payroll Expenses $ 4,443 $ 4,620 $ 4,795 $ 4,977 $ 5,168 $ 5,366 $ 5,572 $ 5,788 Insurance $ 22,638 $ 23,305 $ 24,087 $ 24,910 $ 25,764 $ 26,651 $ 27,566 $ 28,517 Facility Rent $ 2,665 $ 2,731 $ 2,800 $ 2,870 $ 2,942 $ 3,015 $ 3,090 $ 3,168 Utilities $ 5,085 $ 5,212 $ 5,342 $ 5,476 $ 5,613 $ 5,753 $ 5,897 $ 6,044 Other/Overhead Costs $ 42,961 $ 43,905 $ 47,970 $ 49,247 $ 50,614 $ 46,453 $ 47,866 $ 48,061 Profit/Fee $ 18,223 $ 18,625 $ 19,272 $ 20,004 $ 20,668 $ 21,297 $ 22,202 $ 22,982 TOTALOTHER COSTS $ 112,842 $ 115,652 $ 121,959 $ 125627 $ 129,373 $ 127,612 $ 131,754 $ 134,619' TOTAL. ANNUAL COST $ 455,669 $ 465,545 $ 481,792 $ 500138 $ 516,653 $ 532,472 $ 555,161 $ 574,575 Vehicle Revenue Hours (projected) $ 4,927 $ 4,927 $ 4,927 $ 4,927 $ 4,927 $ 4,927 $ 4,927 $ 4,927 PROPOSED COST PER VEHICLE REVENUE HOUR $ 92.48 $ 94.49 $ 97.79 $ 101.51 $ 104.86 $ 108.07 $ 112.68 $ 116.62' ANAHEIM RESORT TRANSPORTATION SERVICES Total Combined Expenses Summary Form 1-E: COST First Transit, Inc. Not bid by First Transit PROPOSAL 2022/23 2023/24 -.DAR/Para Per 2024/25 2025/26 Trip (Optional) 2026/27 2027/28 2028/29 2029/30 YR1 YR2 YR3 YR4 r YR5 OYR1 OYR2 OYR3 OPERATIONS Driver Payroll $ $ $ $ $ $ $ $ Driver Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Other Operations Staff Payroll $ $ $ $ $ $ $ $ Other Operations Staff Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Driver Training Payroll $ $ $ $ $ $ $ $ Driver Training Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Supplies $ $ $ $ $ $ $ $ Vehicle Costs - Maintenance $ $ $ $ $ $ $ $ Vehicle Costs - Fuel $ $ $ $ $ $ $ $ Communications Equipment $ $ $ $ $ $ $ $ Miscellaneous Operations Costs $ $ $ $ $ $ $ $ TOTAL OPERATIONS EXPENSES $ $ $ $ $ $ $ $ OTHER COSTS $ $ $ $ $ $ $ $ Administration/Management Payroll $ $ $ $ $ $ $ $ Administration/Management Benefits & Payroll Expenses $ $ $ $ $ $ $ $ Insurance $ $ $ $ $ $ $ $ Facility Rent $ $ $ $ $ $ $ $ Utilities $ $ $ $ $ $ $ $ Other/Overhead Costs $ $ $ $ $ $ $ $ Profit/Fee $ $ $ $ $ $ $ $ TOTAL OTHER COSTS $ $ $ $ $ $ $ $ TOTAL ANNUAL COST $ $ $ $ $ $ $ $ Number of Trips (projected) XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX XX,XXX Proposed Number of Trips - Dedicated Service Proposed Number of Trips - Non - Dedicated Service Proposed Cost Per Trip - DEDICATED $ $ $ $ $ $ $ $ Proposed Cost Per Trip - NOW DEDICATED $ $ $ $ $ $ $ $ PROPOSED AVERAGE COST PER TRIP $ $ $ $ $ $ $ $' ATTACHMENT 2 N.) Tmzo� FORM 2 PROPOSAL LETTER CERTIFICATE OF ACCEPTANCE PROPOSER NAME: First Transit, Inc. City of El Monte 11333 Valley Blvd. El Monte CA 91731 In response to the Request for Proposal (RFP), for Transit and Paratransit Operations Service, we the undersigned hereby declare that we have carefully read and examined the RFP documents, and hereby propose to perform and complete the work as required in the Contract. We the undersigned agree to supply the Scope of Work at the costs indicated in our cost proposal if our Proposal is accepted within ninety days from the date specified in the proposal. If awarded a Contract, the undersigned agrees to execute a Contract, which will be prepared by the City for execution, within 1.0 calendar days following Notification of Award, and will deliver, to the City prior to the commencement of Scope of Work the necessary original Certificate of Insurance. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable): Addenda No(s). 1,2,3 Page 1 of 2 Proposer represents that the following person is authorized to negotiate on its behalf with the City in Connection with this RFP: Rashidi Barnes Director of Business Development 949-400-4839 Name Title Phone The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the work or the cost thereof. The undersigned hereby agrees that the City will not be responsible for any errors or omissions in these 11F.P.Documents. By: Stgnature Bradley A. Thomas, President Type or Print Name 600 Vine St., Ste. 1400 Business Address 513-684-8852 FAX Number Page 2 of 2 C General ReqMkgMgnLs Have you completed and enclosed the Cost Proposal (Form 1)? V Yes No Have you completed and enclosed the Proposal Letter (Form 2)? V [l ,es No Have you completed and enclosed the Proposal Check Sheet (Form 2)? [V [—1 Yes No Have you enclosed all required Attachments, Forms, etc.? S/ D Yes No Have you enclosed atleast three current client references? V 0 Yes No Have you enclosed atleast one previous client reference? F-1 Yes No Have you included your Certification Regarding Lobbying? VEl Yes No Have you included your False [|ainnsAct Certification? �� �� 1-1 Yes No Have you included your Civil Litigation Certification? VjEl Yes No Have you included your DBE Certifications, |fapplicable? c/ F-1 Yes No Does your company currently possess a business license for the City of El Monte? V El Yes No Does your company currently provide transportation service to El Monte Residents? V1 D Yes No Does your company have previous experience inproviding transportation V F-1 service to E| Monte resident? Yes No byour operations facility located in the E| Monte service area? V El Yes No Have you provided the address and complete description ofyour proposed [� [� operations facility? �� �o Have you provided alist ufall other operations provided from the VI F-1 proposed operations facility? Yes No Doall ofyour drivers receive AOhours ofclassroom instruction and operation training? Yes� No Does your company employ afull-time training staff? V1:1 Yes No Does your company employ afull-time driver recruiter? VD ,e, No Does your company participate inthe California DMVEmployer Testing Program? Y,, FN,] Doall ofyour drivers receive atleast 12hours ofannual refresher training? F—} Yes No Does your company currently employ BMonte resident? V E] Yes No Have you included acopy ofyour company's safety plan? V El Yes No Does your company employ trained accident investigators? V [l Ye, No Insurance Does your company provide at least $5,000,000 Automobile Liability coverage? F—1 Yes No Does your company provide at least $10,000,000 General Liability coverage? V El ,es No Does your company provided �IU0OU0UVVork�rs[onopensationscovera�e _ , , c-� ow� �� `_^ toall employees? Yes No Does your company use auditing procedures toensure the accuracy offare collection and billing? \�s N o Are audit procedures fully described inyour proposal? V 1-1 Yes No Project Staffing Have you identified the Project Manager inyour proposal and provided [] acomplete description mfhis/her experience and qualifications? Yes No Have you included a detailed organization chart which shows the number of all staff (including drivers, dispatchers and receptionist) providing service to the city? �4e s FN o] Have you identified your maintenance manager and/or road supervisor and clearly described his/her experience and qualifications? Yes No� Have you included wage and benefit information for vehicle maintenance staff and/or road supervisors? Yes No Have you identified the number and experience ufvehicle mechanics? cVI -.f El Yes No Have you provided aManpower Analysis? V[l Yes No Does the Manpower Analysis clearly identify the other commitments/projects V El that staff members are required to complete? Yes No Other Does your company survey its customers for satisfaction/needs ratings? [l Yes No '-iave you provided copies of survey results and sample surveys in your proposal? S/ j More extensive survey results and samples available upon request. Yes fro. RIWIT-TIM !M Tmzo� W M assurance corporation, limited, with its chief office in the City of I ,surety), as surety, are held and firmly bound to the City of El Monte (obligee) in the penal sum of one hundred and fifty thousand dollars ($150,000), which sum is agreed to be the maximum liability here, lawful money of the United States of America, well and truly to be paid, and for the payment of which we and each of us here bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The principal has entered into a certain contract in writing, bearing date 2022, with the obli,gee for the groviding com prehensive local transit service for the City of El Monte, beginning R1117-1111111"WO ;T$MW#MAT4=- gig The surety, for value received, agrees that no change to the terms of the contract, or to the work to be performed under it or the other documents accompanying it, shall in any way affect its obligation on this bond, and it waives notice of any such change to the terms of the contract of the work, or to the other documents. Consequently, if the above bound principal performs the work contracted to be done under the contract, performs all of the terms of the contract upon its or [his or her] part to be performed, then this obligation to be void, otherwise to remain in full force. No right of action shall accrue under this bond to or for the use of any person other than the obligee named here. ) Principal By , its I Surety By , Attorney -in -Fact [Corporate Seal] [Acknowledgments, etc.] First Transit certifies that in the case of award of proposal, it can provide a Performance Bond per the requirements of this RFP. To see First Transit's Letter of Surety confirming its ability to obtain said Performance Bond, please see the Attachments section of this proposal. m FORM 5 CITY OF EL MONTE Request for Proposals APPENDIX A, 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 91/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This is certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file that required certification shall be subject to a civil penalty of not less than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such expenditure or failure.] 1of2 The Contractor, First Transit, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, etseq., apply to this certification and disclosure, if Y. Signature of Contractor's Authorized Official Bradley A. Thomas, President Name and Title of Contractor's Authorized Official December 9, 2021 Date IMIN No Ke-um. CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD _�L WO 1 11 11 . 2; FALSE CLAIMS/ 4,61 r Proposer shall provide either the certification requested below or the information requested the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non -responsive and City may reject the proposal on this uested 10 n th is basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both L Government Code Sections 12650 et seq. Wa 1 ITI if the Proposer has no False Claims Act violations as described above, complete the following: 1, Bradley A. Thomas -, am the President (Print name of person responsible for submitting proposal) (Title with proposing entity) of, First Transit, Inc. (hereinafter, "Proposer"). (Print name of Proposing Entity) In submitting a proposal to the City of El Monte, 1, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in *1 r a -..+n� Itir. Ito Ili the False Claims Act as defined above. -39 8= TW WIT04" s 9th day of Dec, 2021 at Cincinnati, Ohio (month and year) (city and state) fature of Person ii-esponsible for Submitting Proposal on behalf of Proposer) City of El Monte False CloimslFalse Claims Act Certification Page 1 of 2 ATTACHMENT 7 Tmzo� FORM 7 CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 CIVIL LITIGATION HISTORY/ CIVIL LITIGATION CERTIFICATION (TRANSIT and PARATRANSIT OPERATIONS SERVICES RFP) Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed. CIVIL LITIGATION CERTIFICATION If the Proposer has no civil litigation history to report as described above, complete the following: I, , the (Print name of person responsible for submitting proposal) (Title with proposing entity) of, (Print name of Proposing Entity) (hereinafter, "Proposer") In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of at (month and year) (city and state) by, (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) 4 14 kyj Is I I I ICY -Al HQ Mal 1116101WA MKOUNNOW (1) Name of case: Court case identification number: (2) Jurisdiction in which case was filed: Court case identification number: (2) Jurisdiction in which case was filed: (3) Outcome of the case: In the past five years, we have participated in litigation at a rate consistent with similarly situated compaNes, It is routine to engage in legal matters that have no bearing on our ability to fulfill new or exlstlng contracts, Most of or,ir litigation is minor in nature and is handled almost exCkls►vely by OUr insurance carrier, Examples of such litigation include rninor personal injury claims and mUtine worker's cornpensation clairns, To the extent that the the City of Ei Monte is interested in the details of specific lifigation or claim s, we will make arrangernents for the City of El Monte COUnsel to discuss appropriate inforr-nation with our counsei, SUbject to applicable confidentiality requirements, 11=1111111MINA11111610 Bradley A. Thomas , the int name of person responsible for submitting Proposal) President (Title with Proposing Entity) of, First Transit, Inc. (hereinafter, "Proposer") (Print name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this 9th day of Dec. 2021 at Cincinnati, Ohio. (month and year) (city and state) by of Person Responsible for Submitting Proposal on behalf of Proposer) NOTRYSTEOTSTIMAJUVII City of El Monte Transit and Paratransit Operations RFP Page 2 of 2 IIALTV 0'' Mis Form 8 STATE OF CALIFORNIA DRUG FREE WORKPLACE CERTIFICATION Company/Organization Name: First Transit, Inc. ("Proposer") The Proposer named above hereby certifies compliance with U.S. DOT regulations 49 CFR Part 29, Subpart F and Government Code Section 8355 in matters relating to providing a drug -free workplace. The above named Proposer or grant recipient will: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations of the prohibition. 2. Establish an on -going Drug -Free Awareness Program as required to inform employees about all the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug -free workplace, (c) Any available drug counseling, rehabilitation, and employee assistance Programs, (d) Penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Every employee who works on the proposed contract or grant will receive a copy of the company's drug -free policy statement. Notify each employee that as a condition of employment financed with Federal assistance provided in the proposed contract, the employee will be required to: (a) Abide by the terms of the company's policy statement, and (b) Notify the employer (Proposer) in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction. Notify FTA in writing, within in ten (10) calendar days after receiving notice required by paragraph 4 (b) from an employee or otherwise receiving actual notice of that conviction. The Proposer, as employer of any convicted employee, must provide notice, including position title, to every project officer or other designee on whose project activity the convicted employee was working. Notice shall include the identification number(s) of each affected vehicle and related equipment and accessories. 6. Taking one of the following actions within thirty (30) calendar days of receiving notice under paragraph 4 (b) with respect to any employee who is convicted: 1 of 2 (a) Taking appropriate personnel action against that employee, up to an including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (c) Making a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraph 1,2,3,4,5, and 6 of this certification. The Proposer agrees to maintain a list identifying its headquarters location and each workplace it maintains in which activities provided by this contract are conducted and make that list readily accessible to the State Department of Transportation. CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the Proposer or grant recipient to the above -described certification. I am fully aware that this certification executed on the date and in the city below, is made under penalty of perjury under the laws of the State of California. Executed on December 9, 2021 at Cincinnati, Ohio Date City Signature: 208MMUM Title: President 2 of 2 0 CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, -AND OTHER RESPONSIBILITY MATTERS The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential contractor for a third party contract), First Transit, Inc. certifies to the best of its knowledge and belief that it and its principles: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excl►.►ded from covered transactions by an Federal debarment or agency. 2. Have not with`►n a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for default. (If the primary participant (applicant for and FTA grant, or cooperative agreement, or potential third party contractor) is ►enable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.) THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), First Transit, Inc. ,CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OR THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTION 3801 ET SEQ. ARE APPLICABLE THERETO. Signature of Authorized Official Title of Authorized Official Bradley A. Thomas, President Date 12/9/21 W-3 IN FORM 10 CITY OF EL MONTE CITY HALL 11333 VALLEY BOULEVARD EL MONTE, CALIFORNIA 91731 COMMUNICATIONS WITH CITY COUNCIL, ADVISORY COMMITTEE AND CITY STAFF DISCLOSURE OF CONTACTS WITH COUNCILMIMBERS (TRANSIT AND PARATRANSIT OPERATIONS RFP) 1. Following the deadline for submission ofproposals and continuing until the City Council awards the last contract, if any: (i) El Monte City Council members, members of the City's executive management team and staff members will not hold any discussions or any meetings, conferences or other like gatherings with any Proposer, except as this RFP allows or otherwise contemplates; and (ii) a Proposer must not communicate, in any manner, with the individuals identified in romanette, above, except as contemplated under the terms of the RFP. Proposers may write to the City Council as a whole after staff recommendations are made public by staff in anticipation of a public meeting. 2. From the date the RFP is issued to the date on which the City awards the last contract, if any, a Proposer must not directly or indirectly give, furnish, donate, or promise any money, compensation, gift, gratuity, or anything of value to the individuals listed under romanette (i) ofparagraph 1, above, for the purpose of, or which has the effect of • Securing or establishing an advantage over other Proposers; • Securing or recommending the selection of the Proposer's Proposal; or • Securing or recommending the Contract's award to the Proposer. • Violations of Paragraphs I or Paragraph 2 or both, will constitute grounds for rejection. 3. Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. During the one-year period immediately preceding the date of the deadline for submitting proposals, list the date of all meetings or other communications the following persons have had with any one or more members of the El Monte City Council or any City employee regarding the provision of transit and paratransit operations the City of El Monte: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Please also identify the name(s) of the City Council members or City employees with whom such persons have met with or communicated with regarding the provision of transit and paratransit operations services to the City of El Monte. City of El Monte Transit and Paratransit Operations RFP Page 1of3 CERTIFICATION REGARDING MEETINGS OR COMMUNICATIONS WITH CITY OFFICIALS OR EMPLOYEES If the Proposer has had not had any meetings or other communications with the persons mentioned above regarding the provision of transit and paratransit operations to the City of El Monte with the one-year period immediately preceding the submission of this Proposal, complete the following: Bradley A. Thomas (Print name of person responsible for submitting Proposal) of First Transit, Inc. (Print Name of Proposing Entity) arn the President (Title with Proposing Entity) (hereinafter, "Proposer"). In submitting a Proposal to the City of El Monte for Transit and Paratransit Operations Services, 1, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has met with or communicated with any member of the El Monte City Council or any City employee regarding the provision of the transit and paratransit operations for the City of El Monte during the one-year period immediately preceding the submission of this Proposal to the City of El Monte. I declare under penalty of perjury that the foregoing is true and correct. Executed this 9th by / '�) day of Dec. 2021 at (month and year) Cincinnati, Ohio Responsible for Submitting Proposal on behalf of Proposer) (city and state) Ciq ofEl Monte Transit and Paratransit Operations RFP Page 2 of 3 HISTORY OF MEETINGS OR COMMUNICATIONS WITH EL MONTE CITY COUNCIL MEMBERS AND/OR CITY EMPLOYEES REGARDING THE PROVISION OF TRANSIT AND PARATRANSIT OPERATIONS SERVICES TO THE CITY OF EL MONTE DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THIS PROPOSAL List the date of all such meetings or communications, the City Council member or City employee with whom you met with (attach extra pages if necessary) DECLARATION the (Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, "Proposer") (Print Name of Proposing Entity) declare under penalty of perjury that the above information is true and correct. Executed this day of at (month and year) (city and state) by (Signature of Person Responsible for Submitting Proposal on behalf of Proposer) END OF DOCUMENT City of El Monte Transit and Paratramit Operations RFP Page 3 of 3 a RFP FORM A — BIDDERS LIST Proposer Name of Prime's Firm: First Transit, Inc. Firm Address: 600 Vine Street Suite 1400 City Cincinnati I ST OH ZIP 45202 Number of years in business: 66 Years Contact Person: Rashidi Barnes Is the firm currently certified as a DBE under 49 C.F.R., Part 26? ❑ Yes ❑8 No Proposer has DBE Certification in the following categories (place an "X"): N/A ❑ Black American ❑ Asian Pacific American ❑ Native American ❑ Women ❑ Hispanic American ❑ Subcontinent Asian American ❑ Other 11 RFP Number Phone: ( 949 ) 400 - 4839 Email Address: rashidi.barnes@firstgroup.com Type of work/services/materials provided: Transportation services Title: Director of Business Development Check the box below for your firm's annual gross receipts last year: ❑ Less than $1 million ❑ Less than $5 million ❑ Less than $10 million N Less than $15 million ❑ More than $15 million Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal. Name of Subconsultant's Finn: Phone: i 43 - Yl- Firm Address: vv'bt- Email Address: �� 3\3 C11 t t1i 1) Type of work/services/materials provided: City ST ZIP Cl0&4 0 Number of years in business: Contact Person: Title: Is the subconsultant's firm curAntly certified as a DBE Check the box below for your firm's annual under 49 C.F.R., gross receipts last year: Part 26? [Yes E]No Subconsultant has DBE Certification in the following ❑ Less than $1 million categories (place an "X"): Less than $5 million ❑ Black American F] Asian Pacific American ❑ Less than $10 million El Native American F] Women ❑ Less than $15 million JR Hispanic American R Subcontinent Asian American ❑ More than $15 million _E1 Other If necessary, this Bidders List form can be duplicated to include all firms (DBEs and non -DBEs) that have submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract. 12 M 12/8/21, 4:31 PM UCP Web Application - List Skip to Main Content Back To Query Form (IicenseForm. htm). Wed Dec 08 13:31:29 PST 2021 Query Criteria DBA Name: Jcm Firm ID 32118 DBA Name JCM & ASSOCIATES, INC Firm Name BLUE GOOSE UNIFORMS Address Line1 5443 E WASHINGTON BLVD Address Line2 City COMMERCE State CA Zip Code1 90040 Zip Code2 Mailing Address Line1 Mailing Address Line2 Mailing City Mailing State Mailing Zip Code1 Mailing Zip Code2 Certification SMBE Type Entail RICHARD@bluegooseuniforms.com Contact Name JOSE CORNEJO Area Code 323 Phone Number 726-9040 Extension Alt Area Code Alt Phone Number Extension Fax Area Code 323 Fax Phone 726-8643 Number Agency Name LOS ANGELES COUNTY METRO TRANSPORTATION AUTHORITY (MTA) 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; Counties 30; 31; 32; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; 43; 44; 45; 46; 47; 48; 49; 50; 51; 52; 53; 54; 55; 56; 58; Districts 01; 02; 03; 04; 05; 06; 07; 08; 09; 10; 11; 12; DBE NAICS 315990; 448190; ACDBE NAICS https://ucp.dot.ca.gov/querySubmit. htm 1 /2 12/8/21, 4:31 PM UCP Web Application - List Work Codes D2380 APPAREL & ACCESSORIES MANUFACTURING; D2390 MISC FABRICATED TEXTILE PRODUCTS MANUFACTURING; Licenses Trucks Gender M Ethnicity HISPANIC Firm Type SMBE https://ucp.dot.ca.gov/querySubmit.htm 2/2 RFP FORM A (CONT'D) BIDDERS LIST Note: Each proposed subconsuhant shall complete this form, and the Proposer will submit it with its proposal 1.0 1 Information Name of Subconsultant's Firm: Phone: ((pVe )'I I - (Pl iP Firm Address:. Email Address: 0 .kUtr+APS6 10baI - +'fie $ "41410 Til e v Ve Type of work/services/materials provided: kx)+Z> 190d,� Work RA'lvj �- Krt}C r 1 c1lS City E TST ZIP C313-31 Number of years in business; Contact Pe on Title: C) V,1 Yti C r Is the subconsultant's firm currently certified as a DBECheck the box below for your firm's annual under 49 CT K, gross receipts last year. Fart 26? X-Yes ❑ No Less than $l million Subconsultant has DBE Certification in the following categories (place an "V,)< [] Less than $5 million El Buck American ❑ Asian Pacific American 0 Less than $10 million El Native American ❑ Women D Less than $15 million Hispanic American ® Subcontinent Asian American ❑ More than 15 million Other If necessary, this Bidders List form can be, duplicated to include all firms (DBEs and non -DBEs) that have submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract. 12 Certified Profile Business & Contact Information BUSINESS NAME OSCAR MOBILE & BODY DETAIL OWNER OSCARHWERTA ADDRESS 441DTYLERAVE Map This Address ELK8ONTE.CA91731 PHONE 626-975-6169 EMAIL o huerta@sb global.net ETHNICITY Hispanic American GENDER Male Certification Information CERTIFYING AGENCY City ofLos Angeles CERTIFICATION TYPE DBE ' Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Commodity Codes Code [AVV[[|753J NA|[S811121 ue,o/puvn UPHOLSTERY Automotive Body, Paint, and Interior Repair and Maintenance Car washes Additional Information [U[PPUBLIC DIRECTORY 49218 CERTIFICATION NUMBER RFP FORM A (CONT'D) — BIDDERS LIST Note: Each proposed subconsultant shall complete this form, and the Proposer will submit it with its proposal. consultant's Firm: hone: (6 2 6 A40 B I t- IV, J\ PU4 LU CL:,&q kzwT- C- pwu FirmAddress: Qqo��— Email Address: 11,14 A& Type of work/services/materials provided. business- f years in erson: Title: Check the box below for your firm's annual gross receipts last year: 51 Less than $1 million El Less than $5 million Less than $ 10 million Less than $15 million More than $15 million V - submitted a bid, proposal, or quote on this DOT -assisted Project, whether successful or unsuccessful in their attempt to obtain a contract. N Los Anpks County Mot ®tare Transportation Authority August 30, 2021 Mr. Martin Gombert Mobility Advancement Group 2202 Pineerest Drive Altadena, CA 91001 Subject: Small Business Enterprise Certification Dear Mr. Martin Gombert: One Goteway Maza Los Angeles, CA r012-2%,2 Metro File #7197 We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Small Business Enterprise (SBE) as required under Metro's SBE Program. Your firm will be listed in Metro's SBE database of certified SBEs under the following specific areas of expertise: NAICS 541613: MARKETING CONSULTING SERVICES NAICS 541910: MARKETING RESEARCH AND PUBLIC OPINION POLLING NAICS 561.611: INVESTIGATION SERVICES Your SBE certification is valid for five years from the date of this letter and applies only for the above NAICS code(s). Any additions and revisions must be submitted to Metro for review and approval. In order to ensure your continuing SBE status, you are required to submit an annual update along with supporting documentation. If no changes are noted, then your SBE status remains current. If there are changes, Metro will review to determine continued SBE eligibility. Please note, your SBE status remains in effect unless Metro notifies you otherwise. After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date. Also, should any changes occur that could affect your certification status prior to receipt of the annual update application, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately. Metro reserves the right to withdraw this certification if at any time it is determined that it was knowingly obtained by false, misleading, or incorrect information. Your SBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records, and documents by Metro. Congratulations, and thank you for your interest in Metro's SBE Program. Should you have any questions, please contact us at (213) 922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net. Sincerely, Shirley Wong Principal Certification Officer Diversity & Economic Opportunity Department Note: Each pmpesedsubaortsuftanf shaff complefe this , and the Proposer wull, submit it wIth proposat Firm Addz-e,!.q- L -0 ZIP Number afkl'carsia biAs:IrwIv4: cantact MW CK- v j Ttitle - I S the S '11 rm Cu'TCntly C'erfif"Ied as, a DI I I Owck t4c box. below f6r you rfirrn-s anj I tnidv- 49 C, F, R- '�7--'Oss reecl'pts I axs't ye=av- pan, I Subconsuiltwit has 1)[114 ('u-rtJJ-(:-,a' h o 'M Le.,;s t hark $ I ari i I I i on I . , I ukip, J the f, Ho, , n., ca-te.,guiries (phuct� a'n �TITAtss than $5 mi,[Han, LD Black Anwric:zn r ,J Askm f1wific Amel, Ca I 'Lcss, than $ 11) m i] I on Nalivet �d r-x..an hart 1 $5 millian Le t 11 ispartic American Su.bcont i rwnt Asiall A1,11crizall A owe t han S I S rn i 11. i on, I,- If necessary, this S`dders List form can be, dupr"ficated to include all finns (ME-S And inon-OSEs) the hove submitted a bid, proposal, ar quote on this DOT -assisted Project, whather su=assful or unsuc.F,4. in their attempt to obtain a con -tract M Supplier Profile 2/8/21, 4:31 PM Printed on: 2/8/2021 4:30:00 PM To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services Certification ID: 42007 Email Address: davidm@twinvalet.com Legal Business Name: TWIN VALET PARKING INC Business Web Page: http://www.twinvalet.com Doing Business As (DBA) Name 1: TWIN VALET PARKING INC Business Phone Number: 818/841-6600 Doing Business As (DBA) Name 2: Business Fax Number: 818/841-6602 Address: 1309 WEST MAGNOLIA BLVD Business Types: BURBANK Service CA 91506 Certification Type Status From TO SB(Micro) Approved 05/03/2019 05/31/2022 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSHELP@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 https://caleprocure.ca.gov/pages/SupplierProfile/supplier-profile-print.htmi Page 1 of 1 FORM B LOCAL AGENCY PROPOSER RC -DBE COMMITMENT This form must be submitted with the proposal. Local Agency City of El Monte Location El Monte, CA Project Description Transit and Paratransit/Dial-A-Ride Operations - 2022 Proposal Date December 14, 2022 Proposer's Name First Transit, Inc. Contract RC -DBE Goal (%) 9,:,a% 2.0 % �315990,448190 32118 Provision of Uniforms ..................... ....................... ................. ............... ............................. .......................................... ........................................................................................... ............................... 811121, 811192' Provision of auto body, paint and 49218 .......... - ........................ ............... 111-1111 .............. ............................... interior repair and maintenance .......................................... ..................................................... - ............................... FOR AGENCY TO COMPLETE Agency Proposal Number Federal -Aid Project Number Federal Share Proposal Date CM & Associate (dba Blue Goose); .30% ............... ...... ..... ,443 E. Washington Blvd iommerce; CA 90040 ..................... �00-543-3732 Oscar Mobile & Body Detail .61% 626-975-6169 Total Claimed RC -DBE Commitment: -91 % Agency certifies that the DBE certifications have been verified and all information is complete and accurate/unless noted otherwise. Signature of Proposer Signature of Agency Representative Agency Representative (please print or type) Phone Number Date 12/9/2021 949 ) 400 - 4839 Date Phone Number Rashicli Barnes, Director of Business Development Person to Contact (please print or type) I Distribution: (1) Original - Agency files Local Agency Proposer RC -DBE Commitment (Consultant Contracts) —Rev 062113 14 FORM C RC -DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project NoTransit and Paratransit/Bid Opening Date: December 14, 2021 Dial -A -Ride Operations - 2022 ° 0l`o CITY has established a Race -Conscious Disadvantaged Business Enterprise (RC -DBE) goal of 44P/o for this project Good Faith Efforts documentation must be submitted with the Bid/Proposal or Contractor will be deemed non -responsive to the DBE requirements. Lowest, second lowest and third lowest Proposers shall submit the following information to document adequate good faith efforts. Proposers should submit the following information even if the "Local Agency Bidder — RC -DBE Commitment" form indicates that the Proposer has met the RC -DBE contract goal. This will protect the Proposer's eligibility for award of the contract if the administering agency determines that the Proposer failed to meet the goal for various reasons, e.g., a RC -DBE firm was not certified at bid opening, or the Proposer made a mathematical error. Submittal of only the "Local Agency Bidder RC -DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following types of actions will be considered as part of the Proposer's Good Faith Efforts to obtain RC -DBE participation: a. The names and dates of each publication in which a request for RC -DBE participation for this project was placed by the Proposer. Attach copies of advertisements or proofs of publication: Publications Dates of Advertisement DBE Good Faith Effort Website, posted on 11/07/2021 Trade and Focus Journal Ad, Twitter b. The names and dates of written notices sent to certified RC -DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the RC -DBEs were interested. Attach copies of solicitations, telephone records, fax confirmations etc. Names of RC - DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates Please see the following pages for advertisement proofs, Tweet proofs and email proofs to certified DBE vendors. 15 C. The items of work which the Proposer made available to RC -DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the Proposer with its own forces) into economically feasible units to facilitate RC -DBE participation. It is the Proposer's responsibility to demonstrate that sufficient work was made available to facilitate RC -DBE participation as follows (please provide documents that sufficiently evidence the effort): Items of Work Proposer Breakdown of Items Amount Percentage Normally ($) Of Performs Item Contract (Y/N) Employee Uniforms N Uniforms for drivers $33, 587 base contract .30% Janitorial Services and supplies N Janitorial cleaning services and cleaning supplies us an auto pas us an au o parts Oil R It Y Engine nil, anti -freeze, windshield fluid, etc. Office supplies and furniture N Desk, chairs, office supplies (not needed as this is a tuck -in) Bus Wash supplies, Bus Repair N Cleaning supplies for bus contract) .61 % Shop Supplies Y Shop supplies Bus Cleaning Y Cleaning of vehicles Tires Y Tires for buses and support vehicles d. The names, addresses and phone numbers of rejected RC -DBE firms, the reasons for the Proposer's rejection of the RC -DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each RC - DBE if the selected firm is not a RC -DBE. 1. Names, addresses and phone numbers of rejected RC -DBEs and the reasons for the Proposer's rejection of the RC -DBEs: N/A 2. Names, addresses and phone numbers of firms selected for the work identified above: JCM & Associate (dba Blue Goose) Oscar Mobile & Body Detail 5443 E. Washington Blvd 4410 Tyler Avenue Monte, CA 9-1731 800-543-3739 626-975-6169 16 e. Efforts made to assist interested RC -DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to RC -DBEs: First Transit provided potential DBE partners with RFP and operational information as needed/requested. First Transit also provided non -DBE vendors information on e CUCP to review quailTIcations to Decome a certified f. Efforts made to assist interested RC -DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the RC-DBEsubcontractor purchases or leases from the prime contractor or its affiliate: Throughout the duration of the contract, First Transit will assist DBEs, as needed within the scope of work. g. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using RC -DBE firms. Attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc. Name of Method/Date of Results Agency/Organization Contact DBE Good Faith Effort Website Email - 11/07/2021 Varied... please see (conducted outreach on our behalf.) attached documents h. Any additional data to support a demonstration of good faith efforts please include here. Proposers are advised to attach all requested documents to this form. Include any and all supplemental materials necessary in order to demonstrate Good Faith Efforts. 17 INSTRUCTIONS - SUMMARY OF MONTHLY DBE PAYMENTS INFORMATION SUBRECIPIENT FORM D SUCCESSFUL PROPOSER: This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract. The form must be completed for all DBEs — including all RC -DBEs paid for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed. This field should include a sequential number with the first form having number "I". The date prepared should also be included. IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project -- including all RC -DBEs listed on the RC -DBE Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the "Dollars Paid This Month". Enter the Total amount paid for each. DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period. Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the "Dollar +/- resulting from Change order Activity" column. SUBRECIPIENT Form D must be signed and dated by the prime contractor's representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 151h day of each month. [Note attached form incorrectly identified as "Form 103."] 18 FORM D DISADVANTAGED BUSINESS ENTERPRISE (DEE) SUBCONTRACTORS PAID REPORT Reporting Period (M ol FORM 103 Subrecipfent -Local AWncy No. 2 pli PPJME =.Suva� 19 FORM D - Continued First Transit will complete the Monthly DBE Payments for as required, I REPORTING PERIOD WonthlYrl: FORM 103 (Pacte 21 Invoice Payment History DBE SuboontractoWSuppliers Prime Subisupplier SulaiSupplier SubtSupplier SubgSupplier #4 #2 #3 #4 #5 DEE SubI'Supplier TOTAL Invoice Invoice Elate Amount Am�mt Amount Amount Amount Amount Numbers and Date Paiid Faid P.ld Fuld FaW paid P.iid Grand Total (patd Is date] 9E First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 Ad Proofs Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 Contract/Bid #: Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency: City of El Monte Focus Journal Ad Publication: DBE GoodFaith (DBEGoodFaith. com) Published On: 11/07/2021 @ 01:05:57 PM Pacific Expired On: 11/23/2021 @ 11:59:59 PM Pacific Message Notifications Sent To: sally.stewart-mckinnie@firstgroup.com Published At: https://dbegoodfaith.com/item.php?item_tyr)e=ads&ad_adid=52858 First Transit,.. Inc. First fr� Transit Project Narne Transit and Paratransit/Dial-A-Ride Operations - 2022 Bid/Contract #' Transit and Paratransit/Dial-A-Ride Operations - 2022 Amvding Agency City of El Monte Project Location catiron El Monte, Los Angeles County, CA F,3id Dale 11/23/2021 at 02:00 i € s:je Deiail We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. Now to get in touch Outreach Coor6nator Sally Stewart-McKinnie (513) 684-8758 Fax (513) 684-8852 Address Page 11 Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2 Page III Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... Trade Journal Ad Publication: DBE Journal (DBEJournal.com) Published On: 11/07/2021 @ 01:05:57 PM Pacific Expired On: 11/23/2021 @ 11:59:59 PM Pacific Published At: http://dbejournal.com/index.php?show_ad=52858&ad_project_name=Transit+and+Paratransit%2FDial-A- Ride+Operations+-+2022&co_name=First+Transit%2C+Inc. . v Outreach Coordinator Sally Stewart-McKinnie Contact Information 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Telephone (513)684-8758' Fax (513) 684-8852 First Transit, Inc. is seeking qualified DBEs Project Name Transit and Paratransit/Dial-A-Ride Operations - 2022 Bid/Contract # Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency City of El Monte Project Location El Monte, Los Angeles County, CA Bid Date 11 /23/2021 at 02:00 Project Details We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our office. Bonds will not be required from qualified subcontractors. Page IV Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... Tweet Published On: 11/08/2021 @ 08:03:14 AM Pacific Published At: https://twitter.com/dbegoodfaith/status/1457740506696458242 PLEASE NOTE - The image below is a representation of what your tweet may look like. The appearance of your tweet can vary depending on a variety of factors, including the type of device the tweet is displayed on and Twitter's internal settings. For a real- time copy of your tweet, please use the link provided above to view on Twitter.com & print the screen from your browser. You do not need a Twitter account to view or print this tweet. DBEGoodFaith.com ruFafilm a dbe oodfanth Folt Page V Ad Proofs - Transit and Paratransit/Dial-A-Ride Operations - 2... First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 Outreach Invitation Proofs Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 Contract/Bid #: Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency: City of El Monte Log details - This document contains a single copy of the bid invitation emailed to each company with an email address listed on their certification. The same email was sent to all companies, which is why we have provided the single email proof. - This document contains a copy of each fax notice sent to solicited companies with a fax number listed on their certification. Email Proof Subject Line: [ Bid Invite ] Transit and Paratransit/Dial-A-Ride Operations - 2022 Reply To Email: sally.stewart-mckinnie@firstgroup.com INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: ALL PEYRO RESOURCES Tel: Fax \ulu/n/u-uoxo First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050011-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O3amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. TO: AmmMm Inc. 600 Vine Street, Suite 1400 Tel: (310) 294-1203 Cincinnati, OH 45202 Fax: (888) 412-0288 Tel: (513) 684-8758 Fax: (513) 684-8852 sally.stewart-mckinnie@firstgroup.com CONTACT NAME: Sally Stewart-McKinnie First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11/23/2021 at 02:00 BID / PROJECT # Transit and Paratransit/Dial-A-Ride Operations - 2022 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA We are soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto p arts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. We are an equal opportunity employer. The plans and specs are available for your review at our offic e. Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050125-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 [ ] Yes, we will send a fax quote by the bid date. [ ] No, we are not interested. [ ] Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent on behalf of First Transit, Inc. at 11/08/2021 08:00:05 am Pacific through the DBEGoodFaith. com outreach platform. Find other DBE, M/WBE, DVBE, SBE, and other subcontracting and supplier opportunities at DBEGoodFaith. com. Learn more about why you received this invitation at DBEGoodFaith.com/why Page 1/1 - Transit and Paratransit/Dial-A-Ride Operations - 2022 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: ASAP AUTO PARTS Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050012-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O3amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: Blue Diamond International Fe: Fax (909)598-0130 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050126-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: CAPITAL OFFICE PRODUCTS, INC. Fe: Fax (818)382-8583 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050127-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: CMSIMPLE JANITORIAL LLC Tel: \261-3780 FaxU- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050023-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: COAST COAST PRESERVATIONS, INC. OBA DIVERSE JANITORIAL Tel: (M18)3O0-7000 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050024-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: COPIER PRODUCTS GROUP Tel: (n4 Fax \/1*/641-271/ First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050026-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: DECOR INTERIOR DESIGN, INC. Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050032-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: DB8YAV|LEZY|NEOOBA PREC|8|ONTTG Tel: \505-1074 FaxU- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050034-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: Ennine Industrial Supply, Inc. Fe: Fax (818)337-2053 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050128-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 50OVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: SaUyStewart-K4oKinnio TO: FIRST FUEL, INC. Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review ntour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050045-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why Page t/1-Transit and Para Operations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: FLEET CARE/TRANSPORTATION FULL DETAIL SERVICES Tel: )474-5788 Fax:U- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050132-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: GORILLA STATIONERS LLC /e/:(«4 Fax \/1*/*21-*2/6 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050051-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: HUNTER TIRES INC Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050055-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: |K4AP.INC. DBATRIUMPH Fe: Fax: (714)544-2664 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050057-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: INDEPENDENCE CAPITAL, LUC Fe: \839'0955 FaxU- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050058-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: Integrated | Inc. Fe: Fax (818)885-5229 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050129-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: |8LA8TIRES, INC. Fe: Fax (562)906-1271 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050060-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: LAUNIFORMS &TAILORING Tel: \456-7539 FaxU- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050068-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: L[SANGELE8CHEMICAL CC),INC. Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050073-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O4amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: OASIS BUSINESS SUPPLY, CORP. Fe: Fax (855)894-3975 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050084-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: OFFICE SUPPLIES CO. Fe: Fax (818)848-8991 First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050085-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: O8CARMOBILE & BODY DETAIL Tel: \975-6169 FaxU- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050133-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: SERVICE OIL COMPANY Tel: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. 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Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: SHORE SOLUTIONS INC Tel: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. 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Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050134-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO:8 Fe: \346-9550 FaxU- First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeanemdicitingquoteoforEmployee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. HOW TO REPLY ONLINE Visit dbegoodfaith.com/respond and enter Solicitation ID 2050131-52858 BY FAX Fax back this invitation with your response to: (513) 684-8852 Yes, we will send a fax quote by the bid date. No, we are not interested. Interested, but we would like more information. Please contact us at BY EMAIL Contact Sally Stewart-McKinnie at sally.stewart-mckinnie@firstgroup.com This solicitation was generated and sent onbehalf ofFirst Transit, |no.sd11/O8/2021O8:0O:O5amPaoifioUhmughthe DBEGoodFaith. oomoutreach platform. Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 INVITATION TO BID FROM: First Transit, Inc. 5OOVine Street, Suite 14OO Cincinnati, C)H452O2 CONTACT NAME: Sally Stewart-K4oKinnie TO: TYACKSTIRE INC Fe: First Transit, Inc. is Seeking Qualified DBEs PROJECT NAME Transit and Paratransit/Dial-A-Ride Operations - 2022 BID DUE DATE 11 /23/2021 at 02:00 AGENCY NAME City of El Monte PROJECT LOCATION El Monte, Los Angeles, CA VVeare soliciting quotes for Employee Uniforms, Janitorial Services and supplies, OEM bus and auto parts, Oil & lubricants, Office supplies and furniture, Bus Wash supplies, Bus Repair, Shop Supplies, Bus Cleaning, Tires, etc. VVeare anequal opportunity employer. The plans and specs are available for your review otour office.Bonds will not be required from qualified subcontractors. 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Find other DBE, MIWBE,DVBE,S8E,and other xom Learn more about why you received this invitation at DBEGoodFaith. com/why PsgeY/f-Trans/ and ParaOperations -2Q22 First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Tel: (513) 684-8758 Fax: (513) 684-8852 Email & Fax Solicitation Log Project Name: Transit and Paratransit/Dial-A-Ride Operations - 2022 Contract/Bid #: Transit and Paratransit/Dial-A-Ride Operations - 2022 Awarding Agency: City of El Monte Log Details • All emails and faxes were sent and tracked through DBEGoodFaith.com's automated solicitation and logging system. • The soliciation system makes up to 5 attempts to successfully delivery a fax as long as a human does not answer the call. If a human answers the call, only 1 attempt is made. • The soliciation system attempts to successfully deliver emails until the response from the recepient's email server requests that no other attempts be made. Company ALL PETRO RESOURCES 18149 LULL STREET, RESEDA, CA 91335 Tel: 8184428449 Fax: 8185788995 arturo@allpetroresources.com Cert: DBE AmmMm Inc. 28364 S. WESTERN AVENUE #402 RANCHO PALOS VERDES, CA 90275 Tel: 3102941203 Fax:8884120288 info@ammmminc.com Cert: DBE ASAP AUTO PARTS 9714 ARTESIA BLVD. BELLFLOWER, CA 90706 Tel: 5624124498 Fax:5626332736 andy@asapautopart.com Cert: DBE Blue Diamond International 25024 Carrey Rd. Walnut, CA 91789 Tel: 9095980240 Fax:9095980130 john@bluediamondgroup.com Cert: DBE CAPITAL OFFICE PRODUCTS, INC. 15840 MONTE STREET, #104 SYLMAR, CA 91342 Tel: 8183624156 Fax: 8183628583 carolynnelsoncop@gmail.com Cert: ACDBE; DBE Fax Send Date Email Send Date & Delivery Status & Delivery Status 11 /08/2021 08:18 am PST Failed 11 /08/2021 08:02 am PST Successful 11 /08/2021 08:02 am PST Successful 11 /08/2021 08:15 am PST Failed 11 /08/2021 08:16 am PST Failed 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Bounced 11 /08/2021 08:06 am PST Opened Page 11 Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... CM SIMPLE JANITORIAL LLC 2120 W. 93RD STREET LOS ANGELES, CA 90047 Tel: 4242613780 Fax: None Listed Admin@CMSimple4u.com Cert: DBE COAST 2 COAST PRESERVATIONS, INC. DBA DIVERSE JANITORIAL 1915 MCKINLEY AVENUE SUITE A LA VERNE, CA 91750 Tel: 8183067666 Fax: None Listed diversejanitorial@gmail.com Cert: DBE COPIER PRODUCTS GROUP 1536 E. WARNER AVE SANTA ANA, CA 92705 Tel: 7146891700 Fax:7146412717 tricias@c3os.com Cert: DBE DECOR INTERIOR DESIGN, INC. 21530 SHERMAN WAY CANOGA PARK, CA 91303 Tel: 8189624800 Fax:3102892189 ronda@designsbydecor.com Cert: DBE DEISY AVILEZ TINEO DBA PRECISION TTS 12155 MAGNOLIA AVENUE RIVERSIDE, CA 92503 Tel: 7145851074 Fax: None Listed dtprecisiontts@gmail.com Cert: DBE n/a n/a 11 /08/2021 08:14 am PST Failed 11 /08/2021 08:16 am PST Failed n/a 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Bounced 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Delivered Page III Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... Ecoline Industrial Supply, Inc. 9520 OWENSMOUTH AVENUE UNIT #3 CHATSWORTH, CA 91311 Tel: 3106331719 Fax: 8183372063 agata@goecoline.com Cert: DBE FIRST FUEL, INC. 14 BOLIVAR STREET, NEWPORT BEACH, CA 92663 Tel: 9498610284 Fax:8888925371 jkaufman@firstfuel.net Cert: DBE FLEET CARE/TRANSPORTATION FULL DETAIL SERVICES 1930 W. JACARANDA PLACE FULLERTON, CA 92833 Tel: 7144745788 Fax: None Listed c2lyolieo@yahoo.com Cert: DBE GORILLA STATIONERS LLC 145 W BROADWAY LONG BEACH, CA 90802 Tel: 7148453969 Fax:7144214276 rosemary@gorillastationers.com Cert: DBE HUNTER TIRES INC 5584 IMPERIAL HIGHWAY SOUTH GATE, CA 90280 Tel: 6266004676 Fax:6267225835 mshenouda@huntertires.com Cert: DBE 11 /08/2021 08:02 am PST Successful 11 /08/2021 08:02 am PST Successful n/a 11 /08/2021 08:01 am PST Successful 11 /08/2021 08:01 am PST Successful 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Opened Page IV Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... IMAP, INC. DBA TRIUMPH 14712 FRANKLIN AVENUE SUITE G TUSTIN, CA 92780 Tel: 7145442679 Fax:7145442664 pfeld@TriumphOffice.com Cert: DBE INDEPENDENCE CAPITAL, LLC 212 W.49TH STREET LOS ANGELES, CA 90037 Tel: 3238390955 Fax: None Listed csis@independence-cap.com Cert: DBE Integrated Image Inc. 9301 Oakdale Ave. Suite 330 Chatsworth, CA 91311 Tel: 8188855227 Fax: 8188855229 lucyk@iimageinc.com Cert: DBE ISLAS TIRES, INC. 12328 CARMENITA ROAD WHITTIER, CA 90605 Tel: 5629419419 Fax:5629061271 gabriela@islastires.com Cert: DBE LA UNIFORMS & TAILORING 15625 HAWTHORNE BLVD. SUITE D LAWNDALE, CA 90260 Tel: 4244567539 Fax: None Listed LA.UniformAndTailor@gmail.com Cert: DBE 11 /08/2021 08:02 am PST Successful n/a 11 /08/2021 08:01 am PST Successful 11 /08/2021 08:01 am PST Successful n/a 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Opened & Clicked 11 /08/2021 08:06 am PST Opened Page V Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... LOS ANGELES CHEMICAL CO., INC. 845 SANDHILL AVENUE CARSON, CA 90746 Tel: 3103237111 Fax: 3103238111 ms@lacco.com Cert: DBE OASIS BUSINESS SUPPLY, CORP. 7859 BABCOCK AVENUE NORTH HOLLYWOOD, CA 91605 Tel: 3239820969 Fax:8558943975 customerservice@oasisbsc.com Cert: DBE OFFICE SUPPLIES CO. 1317 S. FLOWER STREET BURBANK, CA 91502 Tel: 8188488990 Fax: 8188488991 officesupplies4you@yahoo.com Cert: DBE OSCAR MOBILE & BODY DETAIL 4410 TYLER AVE EL MONTE, CA 91731 Tel: 6269756169 Fax: None Listed o_huerta@sbcglobal.net Cert: DBE SERVICE OIL COMPANY 107 LAKE ST BAKERSFIELD, CA 93305 Tel: 6613278744 Fax:6613270570 service_oil_company1939@yahoo.com Cert: DBE 11 /08/2021 08:18 am PST Failed 11 /08/2021 08:02 am PST Successful 11 /08/2021 08:02 am PST Successful n/a 11 /08/2021 08:03 am PST Successful 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Delivered 11 /08/2021 08:06 am PST Opened 11 /08/2021 08:06 am PST Opened & Clicked Page VI Solicitation Log - Transit and Paratransit/Dial-A-Ride Operations - 2... SHORE SOLUTIONS INC 1120BAY BLVD. SUITE E CHULAVISTA, CAS1911 To|:0184342775 Fax:6199347480 |iz@youmhoneao|uhona.uom Cmrt:DBE Smart Auto & Coach Detailing, Inc. 1345N.Lamer St. Burbank, CA91508 Te|:O188O87192 Fax:8188087182 vilmaymartinez@gmaii.com Cert: DBE Supplymateo.LLC 4ON.AltmdonaDr. #208 Pasadena, CAQ11U7 To|:02O34O955O Fax: None Listed sa|os@nupp|ymatoo.com Ced:DBE TYACK'S-URE|NC 211SUK8NERST BAKERSHELD.CAO33O5 Te|:G013240747 Fax:6613243030 dbmoko@tyaoktien.00m Cert:DBE VVETHE PEOPLE JANITORIAL AND MAINTENANCE LLC 1Q5OCEDAR AVE UNIT 3 LONG BEACH, CA8O8O8 Tn|:5023412250 Fax: None Listed vv*thopaop|ejonitorio|@gmai|.00m Cmrt:OBE 1108/2O21 0817amPST Failed 1108/2O21 O81SamPST Failed n/a 1108/2O21 O8:O2amPST Successful »/a 11/O8/2O21 08:00amPST Delivered 11/O8/2021 08106amPST Opened 11/0O/2O21 08106amPST Delivered 11/O8/2O21 08106amPST Opened 1108/2O21 U8:0OamPST Delivered Page V1| SdickahonLog-TmnoKand Operations -2— From: David Muiica To: Barnes, Rashidi Cc: Stewart McKinnie, Sally Subject: Re: El Monte RFP - 2x Detailing Date: Thursday, December 2, 20215:01:38 PM Attachments: imageQ01.png Hi Rashidi, Asking is always good. I could drop the price to about $590.00 but that is the lowest I could go on this. Your project is very demanding and as I explained before the left over after the $501.00 in not only profit but equipment and time from our overhead to organize it. Once again thanks, David Mujica Twin Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular da vidm@ twin valet. com On Thursday, December 2, 2021, 01:43:27 PM PST, Barnes, Rashidi <rashidi.barnes@firstgroup.com> wrote: I am sorry to key going over this but for the new 12 buses, will you be charging me $501 per bus or $625? Please clarify. Rashidi From: David Mujica <davidm@twinvalet.com> Sent Thursday, November 18,ZO2112:O2PK4 To: Stewart McKinnie, SaUy<SaUy.Stevvart'Mckinnie@firstQroup.00m>; Barnes, Rashidi <RashidiBarnes@f irstgroup.com> Subject: Re: El Monte WINKEWrly 2- Supplies $870.00 This will be for about 7-10 busses and has the city requirements as far as the quality ofthe products. About S87.00per bus. RVIRKNIFIns 4- The $124.00 is left from your price but doesn't necessarily mean profit since many other activities are involved such as (scheduling, process of buying the products, hardware equipment polisher machines and towe|s\. We vvnu|d really like to propose on your janitorial services. We could offer this to you in an hourly rate which is the most common. Our hourly rate is $24.50 per hour per employee. This rate includes wages, payroll taxes, liability insurance and worker's comp. The supplies could be obtain by you the client or if we get them we will pass it at cost to the client. If you give me more details regarding the cleaning ofyour facility daily | could then put acost projection foryour review. All | need to know is hVvv many hour per day you are looking to have the employee? and if you have more than one employee?. Also, if you provide the cleaning supplies or you prefer the company todoit. Once again thanks, Twin Valet Parking, Inc. Please visit our mxebsit2 On Thursday, November 18, 2021, 07:55:00 AM PST, Barnes, Rashidi <rashidi.Ibarnes@firstgroup.com> wrote: Hello David, To be clear, the 12 buses that Sally mentioned below will be in addition to what you are already doing. Weare also interested inknowing what your cost will bctnclean our facility daily? Raohidi From: David [NNio Sent Wednesday, November 1T20Zl4:13PM To: Stewart McKinnie,Sally Cc: Barnes, Rashidi David 1Tlujica Twin Valet Parking, Ina, 818.841.6600 Office 323.816.8759 Cellular On Wednesday, November 17, 2021, 10:13-22 AM PST, Stewart McKinnie, Sally <sally.stewart- mckinnie&firstgroup.com> wrote: We are looking for a certified DBE to provide bus waxing/detailing (2x per year) and cleaning our EL Monte facility daily. SaUySb*wad-yWuKnnie Office: 513.884.8758lCo|:513.7041844 From: Barnes, Rashidi To: Stewart McKinnie, Sallv; David Muiica Subject: RE: El Monte RFP - DBE - Twin Valet Date: Wednesday, December 8, 2021 4:47:20 PM Attachments: ima eq 001.png David, I know that the CUCP program maybe extensive, with regards to the approval process, but if you do get approved we have close to 15 operations in the LA Region that we potentially can use Twin Valet on. Just food for thought. Regards, Rashidi From: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie@firstgroup.com> Sent: Wednesday, December 8, 2021 12:55 PM To: David Mujica <Davidm@twinvalet.com>; Barnes, Rashidi <Rashidi.Barnes@firstgroup.com> Subject: RE: El Monte RFP - DBE - Twin Valet Importance: High Hello David - Here is the information that was included in the RFP regarding DBE. Also, here is the link with information on becoming a certified DBE with the California Unified Certification Program Database (CUCP). https://dot.ca.gov/programs/civil-rights/dbe-certification-information iii. Searches can be performed by one or more criteria Sally Stewart-McKinnie Manager of Sales Support, Business Development & Marketing Office: 513.684.8758 1 Cell: 513.704.1844 600 Vine Street, Suite 1400, Cincinnati, Ohio, 45202 FAX: 513.684.8852 1 sally.stewart-mcl<innie@firstgroup.com www.firsttransit.com www.firstvehicleservices.com FirstTransit We pfovide easy and convenient mobdity, wiprowng quahly of ftle by umnecting people and communiWs Commft4 ow CwMMM M Uhly of 0&,*, **&k' fairy hqMd avdv& From: David Mujica <davidm@twinvalet.com> Sent: Wednesday, December 8, 20212:46 PM To: Barnes, Rashidi <Rashid i. Ba rnes@f i rstgrou p.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie(@firstgroup.com>; Barnes, Rashidi <Rashid i. Ba rnes@f i rstgrou.D.com> Subject: Re: El Monte RFP - DBE - Twin Valet Hi Rashidi, I'm not sure what CUCP is. This are the two we currently have. Phope this will help. How can I get certify by CUCP? Please let me know and I'll get on this right away. Once again thanks, David MuJica Tivin Valet Parking, Inc. 818,841.0600 Office 323,816 875 Cellular davidm(d),tilvinvalet.com Please visit our website www.hvinvalct.com On Wednesday, December 8, 2021, 10:32:18 AM PST, Barnes, Rashidi <rashidi.barnes&firstgrouncom> wrote: We will be wrapping up our proposal tomorrow. However, we need some clarification from you. As Sally mentioned in a previous email, the El Monte RFP states that in order to claim certified DBEs, we must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted. We checked the CUCP site and was not able to find your company there. Unfortunately the MBE/DBE 2015 certification will not be useful since it was issued from the City of Los Angeles and not the CUCP. Are we missing anything here? Do you have documents that support your CUCP approval? Your immediate response will be greatly appreciated. Rashidi From: David Mujica <davidmna.twinvalet.com> Sent: Wednesday, December 1, 2021 3:23 PM To: Barnes, Rashidi <Rashidi.Barnes(ofrrst rg_oup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie(&,,firstgroup.com>; Barnes, Rashidi <Rashidi.Barnes()first,group.com> Subject: Re: El Monte RFP - DBE MEMOMM Attached you'll find the requested. As you may know the City of Los Angeles doesn't expire as I far as we are doing business. Here you will find the new certificate for the state. Please review and let me know if you need anything else. David MuJica T144n Valet Parking, Inc. 818.841.6600 Office 323.816.8759 Cellular davidni(j,i)tivinvalet.com Please visit our website www. tivinvalet. com On Wednesday, December 1, 2021, 09:32:20 AM PST, Barnes, Rashidi <rashidi.barnesafirstgroUD.00M> wrote: Can you provide me updated DBE/MBE certifications? Thank you U.9 21 on This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. From: Martin Gombe t To: Barnes. Rashidi Cc: Stewart McKinnie, Sallv Subject: Re: Secret Rider Program - First Transit Date: Sunday, November 21, 2021 2:48:33 PM Attachments: imaae001 ono Mystery Ride Qualifications 11-20-21.docx Hi Rashidi, Please find the attached summary of my company's Mystery Ride projects for your team. Talk to you tomorrow! Martin Gombert On 11/] 8/2021 1:38 PM, Barnes, Rashidi wrote: Martin, In the meantime can you provide me an overview of your company and some success story's? Maybe in the LA area? This information will be inculded in our proposal. Rashidi From: Martin Gombert <maglaPix.netcom.com> Sent: Thursday, November 18, 2021 1:10 PM To: Barnes, Rashidi<Rashidi.Barnes(@firstgroup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-MckinniegfirstgroLlp.com> Subject: Re: Secret Rider Program - First Transit Yes! Martin Gombert On 11/18/2021 12:41 PM, Barnes, Rashidi wrote: Hello Martin, Do you have time to chat Monday morning at 9:30 am? Rashidi From: Martin Gombert <magla(@ix.netcom.com> Sent: Monday, November 15, 2021 4:26 PM To: Barnes, Rashidi <Rashidi.BarnesOfirstgroup.com> Cc: Stewart McKinnie, Sally <Sally.Stewart-Mckinnie(d)firstgroup.com> Subject: Re: Secret Rider Program - First Transit I realized when I got to my home office I have a Metro meeting from 10-12pm PST. I'm open before or after. MamnGnmbert On 11/15/20212:12 PM' Barnes, Ra,hidiwrote: Martin, Will 10:30 am work for you? If so, I will send you a meeting invitation. | will also include our DBE/SBEliaison nnthe call. Rashidi From: Martin Gnmbcrt Sent: Monday, November 1s'20Zzz1:s7Am To: Barnes, Rashidi Subject: RE: Secret Rider Program - First Transit I'm Open all day tomorrow. I'm fnOlil3[VVith the S8RiC8 and my company is a certified SIBE with Metro. R8O@rdS' ----- Original Message --- From:Barnes, DaahkU Sent: Nov 15,2021 8/41 AM In: Co:8unzco Daubidi Subject: RE: Secret Rider Program ' First Transit mcGombert, My name is Rashidi Barnes and I work for First Transit's BID Team. I recently spoke with one of our location managers, Zack Deukajian, about proposing a secret rider program to the City of El Monte, Ca. Currently we are bidding on this project, but I would like to speak to you about potentially including your services in our bid. If this is some interest to you, please let me know and we will set up a time to chat. Regards Rashidi Barnes Director of Business Development — Mobility as a Service Direct: (949) 400-4839 600 Vine Street, Suite 1400 Cincinnati, OH 45202 1 rash idi.barnesra firstgrouc corn I www,firsttransit.com .. s, We Pramdeeasy, and corwenien4 mobildy, irnproving u,"t J tluaht .CAI We by connoctirq people aful cotttmurats : tt, terra ��r r a w This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited, Transil& We pf ovide easy he This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify us immediately and delete it. Reading, This email (and any attachment) is intended solely for the addressee and may contain confidential information. If you have received this email in error, please notify usimmediately and delete it. Reading, disclosing, copying or disseminating any portion of this transmission without authorization is prohibited. ATTACHMENT 12 1 rQ Tmzo� APPENDIX 2 FEDERAL CONTRACT CLAUSES Although federal funding is not currently being requested to fund this contract, the City of El Monte may choose to obtain future FTA grant funding to supplement funding for existing services or to expand services provided under this agreement. In order to meet federal funding requirements that maybe required as a result of future funding sources, the Contractor must comply with all of the following requirements. The Contractor should be aware that requirements which are stated as requirements of the "Agency" "City," and/or "Recipient," Contractor (hereinafter "the Parties" or "the Party") are requirements which are placed upon the City by the funding source and which will be made the responsibility of the Contractor (as applicable) through this agreement, as the Operator providing the funded services. [Numbering of clauses and clause language is based on FTA Report No. 0105, FTA Best Practices Procurement and Lessons Learned Manual, October 2016.1 • :. * ill r =�� a. Record Retention. The Contractor will retain, and will require its Subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 4. BUY 6M9BIQA The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. § 661.11. The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. In accordance with 49 C.F,R. § 661.12, for the procurement of rolling stock (including train control, communication, and traction power equipment) use the following certifications: Certificate of Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230), and the applicable regulations of 49 C.F.R. § 661 ;1 1. Name: Bradley A. Thomas Title: President Certificate of Non -Compliance with Buy America Rolling Stock Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230), but may qualify for an exception to the requirement consistent with 49 U.S,C. 53230)(2)(C), and the applicable regulations in 49 C.F.R. § 6617, Date: Signature: Company: Title: MWERY-05 �_.; � The Contractor agrees to comply with 49 U.S.0 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance and prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U. S.C. § 5323 (d); 2. FTA regulations, "Charter Service,® 49 C.F.R. part 604; 3. Any other federal Charter Service regulations; or 4. Federal guidance, except as FTA determines otherwise in writing, The Contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any sub -contractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2, Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations; or 3. Any other appropriate'remedy that may apply. The Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. Uwe] 14 am ma la-T." IF -'I kql sm 2191:1 anquy-.1maziol 11 Itelig Lon as a gael The Contractor agrees: 1. It will not use any violating facilities; 2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities;" 3. It will report violations of use of prohibited facilities to FTA; and 4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q)-, and the Federal Water Pollution control Act as amended, (33 U.S.C. §§1251-1387) M CITY is an Equal Opportunity Employer. As such, the CITY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirementsimposed by Federal laws or regulations, the CITY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Underthis Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue, 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U,S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 9. DISADVANTAGED BUSINESS ENTERPRISE (1313E) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 23 U.S.C. § 101. A separate contract goal of 3.6% DBE participation has been established for this procurement. The City, as a recipient of federal financial assistance, is required to implement the Los Angeles County Metropolitan Transportation Authority's (Metro's) Disadvantaged Business Program in accordance with federal regulation 49 CFR Part 26 issued by the U.S. Department of Transportation (DOT). City is required to include all other DBE requirements and flow -down clauses in their solicitation and contract(s) as identified in the DBE Attachment (Attachment 7) for DOT -Assisted Contracts and Disadvantaged Business Enterprise Implementation Agreement for Subrecipients, The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non -construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of the Act, 40 U.S.C. §3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employee during working hours on the job. The Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 13111111110,79acyaRell 4 •� The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Non -procurement Suspension and Debarment," 2C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement)," 2 D.F.F. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in any federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: 4 The certification in this clause is a material representation of fact relied upon by the City it is later determined by the City the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees tocomply with the requirements of 2C.F.R. part 180, subpart C, as supplemented by 2C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. The Parties acknowledge and agree that, notwithstanding any concurrence by the FederalGovernment in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract andshall not be subject to any obligations or liabilities to the Parties (whetheror not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Parties agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractors who will be subject to its provisions. The Parties acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U,S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes,it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right toimpose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extentthe Federal Government deems appropriate. The Parties also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the Federal Government deems appropriate. The Parties agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,except to identify the sub -contractor who will be subject to the provisions. The Parties agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certificatigo. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Special Warrant. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide 5 a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract, 5neclal Arranaements. The conditions of 49 U.S.0 § 5333(b) do not apply to Parties providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right tomake case - by -case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as itdeems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. N. =EWN 4 =1 811W:• O The Parties agree to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. •- :_ •� • pis •: .C�3��� The Parties are encouraged to adopt and promote on-the-job seat belt use policies and programs forits employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased by the Parties. The Parties agree to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle the Parties own, lease, or rent, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. 149MUNI.Ir MOO The Parties agree to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(f); 2. FTA regulations, "School Bus Operations," 49 C.F.R. part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. If Parties violate this School Bus Agreement, FTA may: 1. Bar the Parties from receiving Federal assistance for public transportation; or 2. Require the Parties to take such remedial measure as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the Parties maynot use federally funded equipment, vehicles, or facilities. The Parties should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. The Parties agree to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or City to inspect the facilitiesand records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Parties agree further to certify annually its compliance with parts 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance, the Parties shall use the "SubstanceAbuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. M,I I I Z FTV I Lei► Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the City's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City to be paid the Contractor. If the Contractor hasany property in its possession belonging to City, the City will account for the same, and dispose of it in the manner City directs. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the City's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Default rBreach or Cause (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractorsetting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing,such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default,The Contractor will only be paid the contract price for services performed in accordance with the marinerof performance set forth in this contract. If this contract is terminated while the Contractor has possession of City goods, the Contractor shall, upon direction of the City, protect and preserve the goods until surrendered to the Cityor its agent. The Parties shall agree on payment for the preservation and protectionof goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. Opportunity to Cure The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City satisfaction the breach or default of any of the terms, covenants, or conditions of the Contract within [10 days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this contract, such waiver by City shall not limit City's remedies for anysucceeding breach of that or of any other covenant, term, or condition of this contract. 26. VIOLATION AND BREACH OF CONTRACT Riahts and Remedies of the C The City shall have the following rights in the event that the City deems the Contractor guiltyof a breach of any term under the Contract. 1. The right to take over and complete the work or any part thereof as City for and at the expenseof the Contractor, either directly or through other Contractors; 2. The right to cancel this Contract as to any or all of the work yet to be performed; 3. The right to specific performance, an injunction or any other appropriate equitable remedy; and 4. The right to money damages. For purposes of this Contract, breach shall include [City to define]. Rights and Remedies of Contractor Inasmuch as the Contractor can be adequately compensated by money damages for any breach of the Contract, which may be committed by the City, the Contractor expressly agrees that no default, act or omission of the City shall constitute a material breach of this Contract, entitling Contractorto cancel or rescind the Contract (unless the City directs Contractor to do so) or to suspend or abandon performance. Remedies Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, andthe rights to termination or suspension as provided herein. The Contractor recognizes that in the eventof a breach of this Agreement by the Contractor before the City takes action contemplated herein,the Citywill provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respondand to take necessary corrective action. Disputes Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's City Manager. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City Manager shall be binding upon the Contractor andthe Contractor shall abide be the decision. Performance during Dispute Unless otherwise directed by City, Contractor shall continue performance under this Contractwhile matters in dispute are being resolved. Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdictionwithin the State in which the City is located. Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Parties shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 27. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Parties shall not perform any act, fail to perform any act, or refuse to comply with 9 any requests by the City which would cause the City to be in violation of the FTA terms and conditions. 28. FEDERAL CHANGES Federal Changes - The Parties shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The Parties' failure to so comply shall constitute a material breach of this Agreement, 29. PROMPT PAYMENT 1. a. The Parties are required to pay all Subcontractors for all work that the Subcontractors has satisfactorily completed, no later than thirty (30) business days after the Contractor has received payment from the City. b. In addition, all Retainage amounts must be paid by the Contractor to the Subcontractors no later than thirty (30) business days after the Sub -Contractor has, in the opinion of the Transit Manager, satisfactorily completed its portion of the Work. c. A delay in or postponement of payment to the Sub -Contractor requires good cause and prior written approval of the Transit Manager. d. The Parties are required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes. e. The City will not pay the Contractor for work performed unless and until the Contractor ensures that the Subcontractors have been promptly paid for the work they have performed under all previous payment requests, as evidenced by the filing with the City of lien waivers, canceled checks (if requested), and the Contractor's sworn statement that it has complied with the prompt payment requirements. Contractor must submit a prompt payment affidavit, (form as provided in this Exhibit "A") which identifies each sub -contractor (both DBE and non -DBE) and the date and amount of the last payment to such sub -contractor, with every payment request filed with the City, except for the first payment request, on every contract with the City. f. Failure to comply with these prompt payment requirements is a breach of this Agreement, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment. In addition, Contractor's failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 50519. a. The Contractor shall, within thirty (30) business days of contract award, or prior to any work being performed, execute formal subcontracts or purchase orders with the DBE firms included in the bid. These written agreements shall be made available to the City. All contracts between the Contractor and its subcontractors must contain a prompt payment clause as set forth in Section 14 herein. b. During the term of annual contracts, the Contractor shall submit regular "Status Reports of DBE Subcontract Payments" in a form acceptable to the City, The frequency with which these reports are to be submitted will be determined by the City but in no event will reports be required less frequently than quarterly. In the absence of written notice from the City the Contractor's first "Status Report of DBE Subcontract Payments" will be due ninety (90) days after the date of contract award, with additional reports due quarterly thereafter. c. In the case of a one-time procurement with either a single or multiple deliveries, a "Status Report 10 of DBE Subcontract Payments," in a form acceptable to the City, indicating final DBE payments shall be submitted directly to the City. The information must be submitted prior to or at the same time as the Contractor's final invoice to the City department identified in the solicitation. (NOTICE: The original invoices must be submitted directly to the City's department identified in the contract documents and the Status Report of DBE Subcontract Payments must be submitted directly to the Transit Manager. Failure to follow these directions may delay final payment. d. The address for the City: Public Works Department Transportation Services Division 3990 Arden Drive El Monte, CA 91731 Attn: Sarah Zadok, Transportation Operations Manager 11 m M Chubb 0N00392-370 525w. Monroe, Ste 70 Chicago, IL 60661 USA November 23.3O21 CITY 0FELMDNTE 11333Valley Boulevard BMonte, CA01731 Re: First Transit, Inc. Project: Transit and Paratnanoit/Dial-A-RideOperations -2O22 To Whom It May Concern: Federal Insurance Company, is proud to be the surety for First Transit, Inc. We feel this firm is on exceptional organization both from a financial perspective and a managerial point of view. We understand that First Transit, Inc. has submitted, or will submit, their bid for the project described above. |tksour present intent tV provide the Performance Bond required should First Transit, Inc. be the successful bidder, subject to esdiafaobzry review of the contract documents and the request from First Transit, Inc. to provide such bonds, Federal Insurance Company has aBemtnrating ofA++/XVand oTreasury limit inexcess of $414,198,000. We continue to be confident in First Transit, Inc.'s ability to perform and we recommend them for your favorable consideration. This letter kanot tobeconstrued eeanagreement toprovide bonds for any particular project, but iaoffered asanindication ofour past experience with this firm. Any arrangement for bonds required by contract is e matter between First Transit, Inc. and the Surety and we assume no liability to the owner or third parties, if for any reason we do not execute the bonds. Federal Insurance Company �� �// ��wuv��~/��' ���*- ~, L�~ -'Sandra M. Winsted, Attorney -in -Fact A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Illinois County of Lake On 23 d day of November, 2021, before me, Roger Paraison, Notary Public, personally appeared Sandra M. Winsted who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OFF'11,31AL $ NorARY PUSL A! E ')F-'jtj.j�Nj0jS 'my 03118M2,3 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania, do each hereby constitute and appoint Samantha Chierici, Jessica B. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan, Jennifer L. Jakaitis, Andrew Marks, James B. McTaggart, Judith A. Lucky-Eftimov, Sandra M. Nowak, Diane M. O'Leary, Nicholas Pantazis, Roger Paraison, Christina L. Sandoval, Bartlomiej Siepierski, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M. Winsted of Chicago, Illinois------------ eachas their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 23rd day of June, 2021. Dawn M. (It l ro A,,sistanI Swrelary STATE OF NEW JERSEY County of Hunterdon SS V14, g-t� Stephen ;11. Ilancy. Vice President On this 23rd day of June, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, tome known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M, Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY; PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal 0Ff KATHERINE J. ARELAAR NoiARy $ NOTARY PUBLIC OF NEW JERSEY,,,. No.2316685 �PUBi IG Commission Expires July 10, 2024 NolaryPubllc CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (eacha "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is herebyauthorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company; to appoint in writing any person the attorney -in - fact of the Company with full power and authority toexecute, .for and on behalf of the Company, under .the seal of the Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written .Commitments or by specification of one or more particular Written Commitments: (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, forand on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation; which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authorityotherwise validly granted or vested." i, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (if) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this ( <, Ca` O1 . Dawn M. Chloros. Assistant Secretary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone 908 903- 3493 Fax 908 903- 3656 e-mail: surety@chubb.com Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) ARo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/14,2021 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Chicago IL office CONTACT NAME: (A/C.NNo. Ext): C866) 283-7122 (A/C. No.): (800) 363-0105 E-MAIL ADDRESS: 200 East Randolph Chicago IL 60601 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: AIU Insurance Company 19399 First Transit Inc 600 vine Street Suite 1400 INSURER B: National Union Fire Ins Co of Pittsburgh 19445 INSURER C: AIG Specialty Insurance Company 26883 Cincinnati OR 45202 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570089878295 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 9 90 07 1 0 1 04 01 0 EACH OCCURRENCE $10,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED $5,000,000 PREMISES Ea occurrence MED EXP (Any one person) Excluded PERSONAL& ADV INJURY $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY � PRO- JECT Fx1 LOC PRODUCTS - COMP/OP AGO $10,000,000 OTHER: B AUTOMOBILE LIABILITY 1921809 07/21/2021 04/01/2022 COMBINED SINGLE LIMIT Ea accident $10,000,000 ADS BODILY INJURY ( Per person) B X ANYAUTO 1921808 07/21/2021 04/01/2022 BODILY INJURY (Per accident) OWNED SCHEDULED VA B AUTOS ONLY AUTOS 1921810 07/21/2021 04/01/2022 PROPERTYDAMAGE HIRED AUTOS NON -OWNED ONLY AUTOS ONLY MA Per accident) UMBRELLA LIAB EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION A WORKERS COMPENSATION AND 014649551 07/21/2021 04/01/2022 X I PER STATUTE' OTH- ER A EMPLOYERS' LIABILITY Y/N 014649548 07/21/2021 04/01/2022 EL EACH ACCIDENT $5,000,000 A ANY PROPRIETOR / PARTNER / EXECUTIVE N N/A 016393319 071211202104/01/2022 A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 014649549 07/21/2021 04/01/2022 E.L. DISEASE -EA EMPLOYEE $5,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ S , 000 , 000 B Excess WC 6583124 07/21/2021 04/01/2022 EL Each Accident $5,000,000 SIR applies per policy terms & condi ions EL Disease - Policy $5,000,000 EL Disease - Ea Emp $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: RFP: Transit and Paratransit/ Dial -A -Ride operations - 2022 in the City of El Monte, County of Los Angeles, State of California. City of E1 Monte, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of City of E1 Monte, its officials, officers, employees, agents and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability and workers' Compensation policies. Should General Liability, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of El Monte AUTHORIZED REPRESENTATIVE City Clerk Attn: Sarah Zadok, Transportation Operation Manager 11333 valley Blvd. sO na E1 Monte CA 91731 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000088924 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY Aon Risk services Central, Inc. NAMED INSURED First Transit Inc POLICY NUMBER see Certificate Number: 570089878295 CARRIER see Certificate Number: 570089878295 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: Automobile Liability and workers' policies be cancelled before the expiration date thereof, the policy provisions will govern how Notice of Cancellation may be delivered to Certificate Holders in accordance with the policy provisions of each policy. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 07/21/2021 forms a part of policy No. 192-18-09 issued to RECESS HOLDCO LLC BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: I01 ,&1l,1*&ZialICOZK0IT/0cffle337i7 781 SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS, BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO". SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. — Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (09/14) Aut orized Representative M � : A a 10 1 � fill 0 a 0 1 a, 9 11 D 0 Name Of Additional Insured Person(s) Or Organization (s): A. Section 11 - Who Is An Insured is amended to include maan additional insured the pereun<a> or organization(s) shown inthe Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" oauoed, in whole orin part, byyour acts or omissions or the ao1m or urniaoiona of those acting onyour behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by orrented toyou. Hovvewmc 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement' the insurance afforded to such additional insured will not be broader than that which you are required by the contract or ugnaom*n1 to provide for such additional insured. B. With respect Lothe insurance afforded tothese additional insureds, the following is added to Section |U - Units Of Insurance: If coverage provided tothe additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured iathe amount ufinsurance: 1. Required bythe contract or agreement; o/ 2. AvuUmb|u under the applicable limits of insurance; whichever imless. This endorsement mho|| not increase the applicable limits ofinsurance. CG 20 26 12 19 (D Insurance Services Office, Inc., 2018 Page 1 of 1 Im Professional Experience First Transit, El Monte, CA General Manager, 2019 — Present • Pre-COVID19 — Maintained a close to 95% On -Time Performance rate for all of the services operated out of El Monte < • For the year of 2021, achieved zero Lost Time for Injuries, employee injuries that prevent work • Responsible for all daily operations, operational safety, fleet and facility maintenance, employee and customer satisfaction, and finances of fixed route and paratransit services • Oversees all contract services, including administrative functions, information systems, parts purchasing, and inventory control • Ensures compliance of all facility policies and procedures to meet First Quality Management (FQM) requirements • Negotiates budgeting and contractual terms with clients • Develops and implements action plans to ensure customer retention • Negotiated labor disputes and CBA terms and conditions First Transit (LADOT), Los Angeles, CA General Manager, 2018 — 2019 • Oversaw all contractual services for DASH Downtown and Mid -City Services, including administrative functions, information systems, parts purchasing, maintenance program, and inventory control • Maintained fiscal responsibility for a $24 million budge • Assessed resource needs, problems and trends; implemented action plans to improve operational efficiencies • Negotiated labor disputes and CBA terms and conditions • Ensured safety and adherence to National Transportation Safety Board and Federal Transportation Authority requirements • Ensured compliance of local, state, and federal laws and regulations, including EPA, OSHA, DOT, ADA and EEOC MV Transportation (LADOT), Sylmar, CA General Manager, 2016 — 2018 • Managed the daily operation of LADOT contract including DASH and Commuter Express routes covering downtown LA to Thousand Oaks • Maintained $20 million project budget • Maintained company and contractual assets, including vehicles, facilities, inventories, tools and equipment • Provided exemplary customer service • Negotiated labor contracts • Maintained high safety standards in accordance with LADOT and FTA MV Transportation, Inc., Thousand Oaks, CA General Manager, 2014 - 2016 • Managed the daily operation of transportation for the cities of Calabasas, Thousand Oaks, Oak Park, Agoura Hills and Moorpark • Maintained fiscal budget for $5 million project • Managed all location departments, including: Accounting, Drivers Development and Safety (DDS), Human Resources, Call Center, Dispatch, Road Supervisors, Operations, Technicians, and Drivers it "Zack" Deukmajon Provided exemplary customer service by developing action plans to ensure customer satisfaction and promoting effective customer communication • Negotiated labor contracts • Maintained high safety standards in accordance with LADOT and FTA Electro-Tech Products, Inc., Glendora, CA General Manager, 2008 — 2014 • Oversaw multiple departments, including Quality Control, Human Resources, Facilities, Document Control, Marketing, Engineering, Purchasing, and Inventory Control • Maintained computer systems and database integrity • Analyzed and balanced budget and led budget forecasting • Maintained OSHA Standards, and maintenance standards for all shop machinery • Analyzed statistical data and product specifications to determine standards and established quality and reliability objectives • Led the creation of ETP's Metal Shop Department from inception to full-scale production plant Laidlaw Education Services, Mission Viejo, CA General Manager, 2002 — 2008 • Managed daily operations including: accounting, facilities, Driver Development and Safety (DDS), Human Resources, dispatch, field supervisor, mechanics, and vehicle operators • Prepared and conducted payroll, income, and inventory audits periodically • Prepared month end, quarterly, and yearly yard budget • Maintained quarterly and fiscal responsibility for a multimillion -dollar budget • Handled customer concerns • Negotiated contract terms and language FTA Procurement Employing the Absent Employee Transit and Paratransit Management Certificate Program Microsoft Suite Certificate Professional Experience Loctek/ Flexispot, Riverside, CA Fleet Manager, 2020 — Present • Oversees all truck dispatch activities • Hires, trains, and manages all vehicle operators • Schedules vehicle repairs and inspections • Maintains vehicle maintenance records and parts inventories • Coaches and leads team to ensure KPIs are met • Assists with CHIP Annual Terminal Inspections and DOT Inspections • Manages purchasing and sales process of equipment • Analyzes and interprets financial plans, policies, and budgets to make key business decisions • Collaborates with other managers to formulate and implement policies, procedures, and objectives Avalon Transportation, Orange, CA Operation Manager, 2019 — Present • Recruited, hired, and trained vehicle operators • Performed operator performance audits and vehicle tracking • Scheduled vehicle repairs and inspections • Maintained vehicle maintenance records and parts inventories • Managed vehicle operation team to ensure strong performance on KPIs • Ensured compliance to federal, state, and company policy • Budgeted, planned, and forecasted financials Lassen Tours & Travel, Los Angeles, CA Bus Operations Manager, 2016 — 2019 • Hired, and trained vehicle operators • Scheduled vehicle inspections and maintenance • Maintained operational and maintenance records • Ensured compliance to all federal, state, and company policy • Analyzed and interpreted financial plans, policies, and budgets to make key business decisions Greenland Tours, San Gabriel, CA General Manager, 2014 — 2016 • Recruited, hired, and trained vehicle operators • Performed operator performance audits and vehicle tracking • Oversaw vehicle repair and inspection scheduling • Maintained vehicle maintenance records and parts inventories • Monitored and ensured operational KPIs were met • Ensured proper permit maintenance and compliance • Assisted with CHP Annual Terminal Inspections and DOT Inspections • Analyzed and interpreted financial plans, policies, and budgets to make key business decisions Da Zhen Bus, Monterey Park, CA General Manager, 2011— 2014 • Recruited, hired, and trained vehicle operators • Performed operator performance audits and vehicle tracking • Scheduled vehicle repairs and inspections • Maintained vehicle maintenance records and parts inventories • Managed operation team to ensure strong performance on KPIs • Ensured compliance to federal, state, and company policy • Budgeted, planned, and forecasted financials Professional C First Transit, Inc., El Monte, CA Maintenance Technician, 2020 — Present • Manages effective utilization of vehicle assets • Utilizes vehicle management systems for maximum efficiency • Performs all duties necessary to make the shop, employees and First Transit successful, ethical, and safe • Complies with and ensures adherence to First Transit's high level of safety standards and regulations to encourage safe and efficient operations • Ensures services are provided within budget and action plans are developed and implemented to improve operational efficiencies • Provides leadership and guidance to develop location and company strength • Analyzes, prepares, and develops budgets and forecasts • Develops action plans to ensure customer retention • Excellent working knowledge of Microsoft Excel and Word • Assures a safe working environment at all times First Transit, Inc., El Monte, CA Maintenance Technician, 2003-2020 • Routinely calibrated and performed preventative maintenance of transportation vehicles • Maintained, troubleshooted and repaired transportation vehicles professionally and promptly • Responded to maintenance repair requests, applied knowledge of machinery, tools, and process guidelines to identify root causes and resolve issues • DOT Rules & Regulations • Driver Safety Program Design • Operating Cost Reductions • Vendor & Contract Management • Change Management • Team Building & Leadership • Materials Management M First Transit, El Monte, CA Safety Manager, 2020 — Present • Administers driver hiring and compliance process • Provides direction and guidance to location trainers, develops and monitors contents of classroom training to ensure compliance • Investigates and maintains documentation for incidents, accidents, and work -related injuries • Plans, schedules and conducts monthly safety meetings based on region and company safety and safety training goals and objectives • Performs driver road checks of driver performance MV Transportation, Los Angeles, CA Safety Supervisor, 2014 — 2020 • Conducted site checks and road observations according to client and local policy, as well as maintained all related documentation • Conducted wheelchair securement and vehicle cleanliness checks on in service vehicles • Monitored street operations for on -time performance and schedule and route adherence • Provided customer information for site personnel and at key locations • Responded to accidents and incidents, assisted dispatch and operations staff in resuming service levels according to contract specifications and minimizing passenger disruptions • Ensured that all operators are fit for duty, meet uniform and equipment standards and are in possession of proper licensing and certifications • Assisted operators with service or passenger problems and dispatchers and maintenance staff with vehicle change outs that occur in the field • Identified and analyzed potential safety hazards and developed initiatives to improve daily operation procedures and operator training Laidlaw, Irvine, CA Dispatcher, 2004 — 2013 • Oversaw road service assigned carriers by tracking trip performance measures and incidents • Provided customer support by responding to questions and concerns regarding customer trips including no shows, cancellations and missed trips • Managed emergency situations for vehicle operators; acted as liaison between carriers and emergency services • Managed daily service by reviewing route performance and proactively responding to situations that impact customer service Vehicle Operator, 2001— 2004 • Operated both fixed route and paratransit vehicles safely and effectively • Conducted pre- and post -trip inspections and cleaning to ensure proper operating condition of vehicle and on -board equipment • Successfully performed scheduled manifest by picking up all clients on time and delivering them to their destinations safely • Provided excellent customer service, including assistance in boarding and deboarding, supplying information, and responding appropriately in the event of emergency • Collected and reconciled customer fares and collected vehicle and trip data Professionalri C First Transit, Inc., El Monte, CA Assistant Maintenance Manager, 2020 — Present • Assists with staff scheduling, parts ordering, and scheduling project work • Develops work orders and evaluates all repairs performed by technicians and outside vendors • Works with Maintenance Manager to address backup trade support if breakdowns become too high • Keeps management constantly informed of new trends, developments and regulations within First Transit • Assists the Maintenance Manager in compliance with all OSHA/EPA regulations and other local, state, and federal government regulations • Mentors all facility associates by motivating and providing direction to help them achieve their goals and make a consistent effort to go above and beyond First Vehicle Services, Los Angeles, CA -- Fleet Maintenance Technician, 2018-2020 • Diagnosed all phases of vehicle and equipment repair • Removed, cleaned, repaired, reinstalled, and adjusted vehicle components (Engine Emission Components, Driveline Component, Electrical/Electronic Components, Brakes, Suspension, Steering, Exhaust, Chassis, Hydraulics) • Ensured work orders were completed accurately • Performed road calls and emergency services as necessary • Communicated professionally with customers, team members, and supervisors • Performed PM inspections on buses as scheduled • Performed CHP inspections University Tire and Auto Service, Los Angeles, CA Automotive Technician, 2017-2019 • Trained incoming automotive technicians on brake repairs consisting of removing calipers and rotors, cleaning wheel hubs and caliper brackets, lubricating brackets, and reassembling brake systems • Supervised technician candidates to ensure that work responsibilities were completed correctly and in a timely manner to keep up with customer traffic • Diagnosed and repaired fleet vehicles by checking for misfires, EVAP leaks, cam and crankshaft sensors, and fluid leaks • Performed multipoint inspection to diagnose vehicle performance and made appropriate maintenance and repair recommendations • Documented all work completed on vehicles to track progress and provided clients with estimated time of completion resulting in customer satisfaction Union 3 Auto Service, Los Angeles, CA General Automotive Mechanic, 2014-2017 • Administered engine oil and brake changes on commercial fleet vehicles • Performed basic diagnostic tests on domestic and import vehicles including four, six and eight cylinder engines • Overhauled motors by removing and replacing engines in a timely manner to ensure customer satisfaction • Examined transmissions in order to properly repair and replace units to meet the needs of customers • Inspected cooling systems to properly replace components including water pumps, thermostats, hoses, radiators, and heater cores • Conducted wheel alignments to ensure customer safety by checking for tire wear and vehicle pulling • Made appropriate recommendations for possible suspension malfunctions and upgrades • Replaced vehicle suspension equipment including shocks, control arms, ball joints, tie rods, wheel bearings, as well as rack and pinion • Hands -On Electrical Diagnostic • How to Use Your Lab Scope • Gasoline Direction Injection • Diagnosing Modern Chassis Systems • Advanced Break Systems • Engine Performance Diagnostic Strategies Skills and Certifications D. • Mitchell OnDemand 5 • ASE Refrigerant Recovery & Recycling • Snap-On Diagnostic Scanner • Hunter Alignment Systems m For ;��+•[!. t } '. tvf " 1 Lxtr, • • • • a.af. ®------------------ J7 st..ufs rf, ., t,�v, sf'f YS S y t 4 Gt>. 3„ .sSr. rt,m ,5,�n .sS„t.' -®----------------- ----------------- OWN - ----------------- "�'t•P eat ;",n s s s s a a a a a -a -a -a -a a a a a -a -a -a- mmmmmmmmmmmmmmmmmmm ("� 1 F'" 1 F 1 F 1 F 1 F 1 £ ' mmmmmmmmmmmmmmmm •' • mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm �i1F"1�`%Al.i4��#�t,��,�5•(•�t,x..,w+. is Y3c,,..+t}u..,.,f.,s+,s +,i.r.,i+,s +,s s,#}. L.(.� mmmmmmmmmmmmmmmmmmm ?„t. i?itr S�r F,�7, tlt� 1�ra .u,.. .sl �.f �. l d3+,f:k2 .i+}.. ,hi�.i, ,...s.,+,j u,u;. ,�. sl ,t. "fir >t sssaL mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmm �y ot4n S S S S S S mmmmmmmmmmmmmmmmmmm # mmmmmmmmmmmmmmmmmmm ate yyyy r�kr•yyy� • • • • • • mmmmmmmmmmmmmmmmmmm ------------------ ! ! f t ------------ ------ • • • ----®®®®®®®®®®®-- 3. Y 3- --------- ----- • • - ----mmmmmmmmmmmmmmm 4 U mm mm ,. i, , @+�@;,:. , •.. �, lR'�������ft�t"�`�`r,: e, , p,,11 �3aY�,�t����?ya`�'t���`R���fi'�,"t�`�� mm , r v .➢ ATTACHMENT 17 Tmzo� Billing City Billing State/P Account Name hype of Service Customer Since Location Closed Phoenix AZ Valley Metro RPTA - City of Tempe FIXE Fixed Route 7/1/2013 Phoenix AZ City of Phoenix - West Fixed Route 10/31/2007 Anaheim CA Anaheim Transportation Network Shuttle 7/30/2014 11/30/2016 Bakersfield CA Kern County, CA Fixed & Para 7/1/1994 12/31/2016 Oceanside CA NCTD - Fixed Route Fixed Route 7/1/2010 6/30/2017 Pomona CA Foothill Transit - Pomona Fixed Route 12/28/2006 6/30/2017 Oceanside CA NCTD - Paratransit Paratransit 3/30/2014 6/30/2017 Turlock CA City of Turlock Fixed & Para 12/1/1975 11/30/2017 San Ramon CA GoMentum Bishop Ranch Autonomous Vehicle 1/25/2017 5/31/2018 Santa Maria CA City of Santa Maria Fixed & Para 7/1/2009 6/30/2018 Torrance CA Torrance Refinery, Inc. Vehicle Services 9/30/2018 Madera CA Central Valley Regional Center (CVRC) Shuttle 9/1/1995 10/30/2018 Madera CA City of Madera Fixed & Para 9/1/1995 10/31/2018 Paramount CA City of Paramount Transit Fixed Route 7/1/1981 2/9/2019 San Jose CA SAIC Motors at University of California, Autonomous Vehicle 11/23/2018 5/31/2019 Concord CA Central Contra Costa Transit Authority ( Paratransit 7/1/1990 6/30/2019 Los Angeles CA LADOT DASH - Downtown Fixed Route 10/29/2017 10/31/2019 Los Angeles CA Los Angeles Department of Transportat Fixed & Para 10/29/2017 10/31/2019 Los Angeles CA LADOT DASH - Mid -City, Central Region Fixed Route 10/29/2017 10/31/2019 San Francisco CA Lyft - Toronto MaaS 1/12/2017 6/30/2020 Los Angeles CA Los Angeles World Airports (LAWA) - Pii Shuttle 9/1/2019 10/31/2020 Los Angeles CA Los Angeles International Airport (LAX) Shuttle 7/1/2016 1/25/2021 Sacramento CA Sacramento Airport Shuttle 3/1/2016 3/31/2021 Bellflower CA City of Bellflower, CA FVS Vehicle Services 11/2/2011 San Carlos CA San Mateo County Transit District PARA Paratransit 11/1/2014 Santa Cruz CA City of Santa Cruz Shuttle 7/6/2014 San Diego CA San Diego MTS Para, Mini -Bus and Sorr, Fixed & Para 7/1/2000 Arcadia CA City of Arcadia Fixed & Para 9/1/2017 Orange CA Chapman University Shuttle 8/1/2013 Oakland CA East Bay Paratransit Consortium Paratransit 7/1/2002 Visalia CA City of Visalia Fixed & Para 10/1/2018 Vacaville CA City of Vacaville, CA Fixed & Para 8/1/2006 Stanford CA Stanford University Shuttle 1/1/2019 Pasadena CA City of Pasadena Fixed & Para 7/1/2001 Livermore CA Livermore Amador Valley Transit Autho Autonomous Vehicle Monterey Park CA City of Monterey Park Fixed Route 7/1/2015 San Diego CA San Diego MTS Para, Mini -Bus and Sorr, Fixed & Para 7/1/2000 Inglewood CA Enterprise Rent-A-Car Company of Los) Vehicle Services 3/1/2011 Cerritos CA City of Cerritos Fixed & Para 7/1/2013 Orange County CA Orange County Transportation Authorit Fixed Route 6/14/2015 San Francisco CA Lyft - San Francisco Bay Area Maas 5/1/2019 Redding CA Far Northern Regional Center - SHUTTLI Shuttle 7/1/1992 Antioch CA Eastern Contra Costa Transit Authority Fixed & Para 7/1/1986 Crescent City CA Crescent City- Redwood Coast Transit / Fixed & Para 7/1/2003 El Monte CA City of San Gabriel Paratransit 7/1/1991 Laverne CA Pomona Valley Transportation Authorit Paratransit 1/1/2014 San Luis Obispo CA City of San Luis Obispo Fixed Route 7/1/2001 San Bernardino CA Omnitrans - San Bernardino Fixed & Para 7/1/2020 Los Angeles CA LADOT Commuter Express Fixed Route Alturas CA Modoc Transportation Agency/Sage Stz Fixed & Para 7/1/2019 Rosemead CA City of Rosemead Paratransit 2/16/2020 Alhambra CA City of Alhambra Fixed & Para 8/1/2019 San Francisco CA Lyft - Los Angeles MaaS 7/1/2019 Merced CA Transit Joint Powers Authority for Merc Fixed& Para 3/1/2020 Santa Cruz CA San Andreas Regional Center (SARC) Paratransit 7/1/1993 Paramount CA City of Paramount FVS Vehicle Services 8/23/2004 San Clemente CA City of San Clemente FVS Vehicle Services 5/1/1994 El Monte CA City of Sierra Madre Fixed& Para 7/1/1997 El Centro CA Imperial County Transportation Commi Fixed & Para 7/1/1997 Los Angeles CA University of Southern California FVS Vehicle Services 7/1/2012 San Mateo CA City of San Mateo Vehicle Services 3/1/1993 Redding CA Far Northern Regional Center - Redi-Ric Paratransit Norwalk CA City of Norwalk Paratransit 2/3/2021 Calexico CA City of Calexico Paratransit 9/2/2008 Pomona CA California State Polytechnic University - Shuttle Rancho Palos Ver, CA Palos Verdes Fixed Route Los Angeles CA Los Angeles County Metropolitan Trans MaaS 7/16/2021 Reno NV RTC Washoe County (Reno) Paratransit Paratransit 7/1/2010 6/30/2017 Las Vegas NV Vegas Loop Operations Company, LLC Shuttle 12/15/2020 Las Vegas NV Clark County Department of Aviation at Shuttle 4/1/2007 Carson City NV Carson City, NV Fixed & Para 8/10/2020 Portland OR Gridworks NEMT 6/1/2018 1/2/2019 Portland OR Gridworks - SafeRide NEMT 6/1/2018 2/28/2019 Portland OR Tri-County Metropolitan Transportatior Paratransit 2/1/1994 6/30/2021 McMinnville OR Yamhill County Transit Area Fixed & Para 7/1/2012 Portland OR Tri-County Metropolitan Transportatior Call Center 2/1/1994 Portland OR Multnomah County Call Center 4/1/2016 Salem OR Oregon Health Authority - Marion Polk NEMT 12/1/2017 Salem OR Oregon Health Authority - TriCounty Mi NEMT 1/1/2015 McMinnville OR Yamhill Community Care Organization NEMT 10/1/2015 Portland OR Lyft - Portland Maas 9/1/2020 Portland OR CareOregon Inc NEMT 2/1/2020 Portland OR Lyft - Portland Bikeshare MaaS 9/1/2020 Portland OR Globe Sherpa Call Center 5/1/2015 Canby OR City of Canby, OR Fixed & Para 7/1/2021 Seattle WA King County Paratransit Call Center 8/1/1998 7/31/2019 Spokane WA Spokane Transit Authority Paratransit 1/1/2020 Lakewood WA Pierce Transit Paratransit 7/1/1999 Everett WA Snohomish County Public Transportatic Fixed Route 6/9/1997 Seattle WA King County Travel Training Call Center Total ir i I 10 F 2 F I 13 14 m 1 16 7k 17 18 19 F F 21 m w m mmmm w 7 I m m m w m illilm 0 w m w m m m m w F m w I m F WL 1 10 11 12 13 15 6 17 18 19 m m 1 1 1 m m 1 1 1 1 0 m 0 m m �I m m u I m m 1 I =I m m m m m Im Im Im Im Im Im Im m m w 0 1 1 1ELF= 1 m w m I _ I I I m m 0 m m 0 m 61 m m m I I I I I 1 71 I I Fl X= �m 10 11 8 12 13 4 15 16 17 m 19 0 - w 0 m w m m m m m i��J m m w w m w m w First Transit � �a|nin8VVorkbooh—UNITU! THE OPERATOR 36 I m m m m w w w m m m m m m m F-I m w 0 LJ Fl Fl 11 10 11 12 13 4 15 16 17 18 19 It= w 0 F-I w m F-I F-I m m m F1 11 w m w w m m m m m w w w m m m m m m m m w 0 0 m m m m m �m I m m m w I F m m m m m m w m m m m I 0 77 m 0 m w m m m m m m m m 90 91 92 w 94 95 9 97 98 99 100 101 0 103 104 105 106 771 107 108 LCi�� 10 Ill I 113 10 12 3 1.4 m 16 17 18 9 m m m �i m m m m m m m 31 m First f ranuit i rain|mQWorkbooh—UN[TV oR|V|NGFUND*MsNTAO 33 First f ranuit i rain|mQWorkbooh—UNITV DRIVING FUND*MsNTAO 34 m m m m m m First f ranuit � rain|ng Workbook —UN[TVon|V|NGFUN DAME NTAcS 0 m m m m m m m m F-7 m m First f ranuit i rain|mQWorkbooh—UNITV DRIVING FUND*MsNTAO 53 m w w m m m m 61 m m C C C C C C w First Transi) E ployee Handbook Committed to our customers - Ws keep our customers at tllwart of evQrything we do Dedicatgd to safety - Alwars float of mind, safety is our way of Supportive of each other - VOVa trust Gkwh other to, deliver and work to help one another succeed AccountalAe for pfrformanc-Q, - Evsry decisiton mattefrs, we do the right thft to achieve, our qoals Setting the highest, standards - Wa, wanA to be, the bGst, cont[n uaHy seeking a bietbar way to do things IMMMUM Engagement Q4wers nos chimilts - Nos clients sont au ccour de touter actions Prior it: accurd6o h is s4cuht6 - Toujours pr4sentqla s6curft4 est rntTg faron de fairg Selidaims ter uns aver le s auires - Nous nous faisons con ante et travaillons gnsernble pour r4ussir ResponsablQ,,s de rota e rvndernent - Nous premns IQs bonnes &clor�s afin d"atteindria rmes otjfs Mis4 on pi,atique des plus, turrets standards -Noun vmlons titre les, rrx;qIlsurs,et Is deniGurer First Gounprometidos con los cheintes - Nuestros ddent es son 91 coraz6n de tc<io Io due hacemos Dedicados a la segunrid ad- S[Qmpra en rnQnts, ]a sia guridad es nuestro modo de vir Apoyo ITIUtLIO - Confiamos que cada, cual cumista ytrabaje para ayuclarnoss a tenor kito Responsablespor el desuampeho - Cada decisi,&n cuenta,- hacQmos lo corrara lograr nugstras rrcxtas Establec eamos Jos m is altos estandares - Quererres w sir pgriorss, buscando contnuan-tente, c6n,,-* hacer las cos.s rnefor IMMOMMIM I= PresidentFrom the desk of Brad Thomas, Dear Colleagues, Welcome to First Transit, a FirstGroup America Company. We are delighted you have chosen to make a career in transportation with First Transit. No matter your position within our organization, you are an integral part of the First Transit team. For more than 60 years, we've attracted and retained top industry professionals who have helped us become the leading public transportation provider in the nation. Our employees remain committed to our vision and values, as well as contribute to the overall success of the company. Our business is diverse with a portfolio that consists of fixed -route, ADA paratransit, university, business and airport shuttle services, rail, call centers, fleet maintenance, facilities management, and Autonomous Vehicle operations. It has been, and will continue to be, an entrepreneur organization — always looking for new business opportunities. In order for us to remain the leader in public transportation and technology, we must continue to anticipate and respond to the market — giving customers what they want and have come to expect from us for their transportation needs. As a company that places safety as our number one priority, each of us must embrace safety as a personal core value to deliver safe, reliable service to our passengers. Together we must Think Safe, Act Safe, and Be Safe. In keeping with our value of Supportive of Each Other, First Transit firmly believes in providing a workplace that is free from discrimination and harassment and provides the best possible work environment for all our employees. The Employee Handbook that follows outlines our policies and guidelines necessary for you to know and understand. Each of us, individually and as a collective team, must strive to work toward these expectations and support our core values of: • Committed to our Customers • Dedicated to Safety • Setting the Highest Standards • Accountable for Performance • Supportive of Each Other Our values lead us through our strategy and create the common language for all of us. Use them as you work to improve safety, workplace performance and find ways to delight our customers and grow this company. We ask that you carefully review this handbook and speak to your manager if you have questions regarding our policies and guidelines. Thank you for being part of First Transit team. We are glad you are here. as Brad Thomas President, First Transit 0 0 0°09a 0 0 0 0°09a 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 a 0 0 00 Our Vision ---- 1 Message from the Preoideni--2 Table ofConbents---3 /\ History ofInnovation and Exce||enue--8 Notices and Linni1ations--S Introduction---- 10 Section 1—Equal Employment Opportunity---- 1 A. Equal Opportunity Employer ---- 11 B. Hon}somentFreeVVOrkp|oce--- 12 C. Policy Against Retaliation---- 14 D. Discrimination, Harassment and Retaliation Reporting Procedure---- 15 Section 2—Employment Practices--17 A. VVhisUeb|ovving Policy---- 17 B. Employment Eligibility Status and E-Verify-- 18 C. Performance Eva|uatione--18 [>. Career Pething--1O E. Employee Transfer F|equesLs--18 Section 3—Safety. Environmental and Security--20 X First Transit Safety Policy -- 20 B� Drug and Alcohol Policy ---- 2Q C� First Be8ofe Principles ---- 21 D. BeSefe--22 E. Personal Protective Equipment (PPE) and High Visibility Appare|--23 F. Parking--23 G. Personal Safety ---- 23 H. Risk Assessment ---- 24 |. Prevention ofWorkplace Violenoe--25 Section 4—Wage and Hour--28 X Payroll Policy Statement & Procedure--2O B� Payroll Integrity Policy ---- 2O C.Employee Classification ---- 29 D. Overtime--3O E. Meal and Rest Breaks ---- 3O F. Lactation A000nnrnodabon--3O G.Garnishment Fees--3O H. Payday--3O |. Deductions---- 1 J. Direct Depomii---31 K.Employee Se|f-Sen/ioa--31 L. Reporting Errom--31 K8.Change ofPersonal Status--32 Section 5-Benefits ---- 33 A. Health and VVe}fare-- 33 B. Years ofService----34 (}.VooaUon--34 D. Minimum Hours VVnrhed--34 0 0 0 0 0 a 0 0 0 0 0 0 0 a 0 0 0 0 0 0 9 0 0 0 0 0 0 0 9 0 0 0 0 00 E. Employee Discount Program---- 34 F. Sick, Section 6 — Attendance, Leaves and Accommodation---- 36 A. Attendance---- 36 B. All Leave to Run Concurrently---- 37 C. Family and Medical Leave Act---- 37 D. Military Leave---- 40 E. Leave of Absence Without Pay---- 41 F. Transitional Duty---- 42 G. Reasonable Accommodation---- 43 H. Religious Accommodation---- 44 I. Other Leaves of Absence ---- 44 Section 7 — Policies and Procedures---- 45 A. Freedom of Association Policy ---- 45 B. HIPAA Compliance Plan---- 46 C. Introductory Period---- 47 D. Solicitation and Distribution of Literature---- 47 E. No Smoking Policy---- 47 F. Personal Messages---- 48 G. Personal Appearance---- 48 H. Exit Interviews---- 49 I. Use of Cell Phones and Other Electronic Devices---- 49 J. Company Property---- 50 K. No Expectation of Privacy---- 51 L. Use of Company Equipment and Resources---- 51 M. Contact with the Media---- 54 N. References and Employment Verifications---- 55 O. Use of Company/Client Vehicles---- 55 P. Gifts---- 55 Q. Use of Company Credit Cards---- 55 R. Outside Employment---- 56 Section 8 — General Rules and Employee Relations ---- 57 A. Employee Requirement to Meet Company Standards---- 57 B. Duty to Report Law Enforcement Actions---- 58 C. General Operations Information---- 58 D. Open -Door Policy---- 58 E. Accident Review Committee---- 59 F. Placement of Relatives---- 60 G. Visitors---- 61 H. Travel---- 61 I. Unemployment---- 61 J. Political Activity---- 61 Section 9 - Performance Code---- 62 A. Class 1 Infractions — Dischargeable Offenses---- 62 B. Class 2 Infractions ---- 66 C. Class 3 Infractions ---- 67 D. Class 4 Infractions ---- 67 E. Disciplinary Actions and Personal Conduct---- 68 0 0 0 a 0 9 a 0 0 0 0 a 0 9 a 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 a 0 0 00 Section 10 - Operators and Safety Sensitive Employees---- 70 A. Operating Procedures---- 71 B. Vehicle Accidents and Incidents---- 71 C. Passenger Relations---- 72 D. Farebox Responsibilities and Procedures---- 73 E. Radio Communications---- 74 F. Americans with Disabilities Act---- 74 G. Required Notifications---- 76 H. Discipline for Traffic Violations and Preventable Accidents---- 7,?, Section 11 - Medicaid Fraud, Waste, and Abuse---- 81 A. Fraud and Abuse---- 81 B. Healthcare Fraud and Abuse Laws---- 83 C. False Claim Laws---- 83 D. Fraud and Abuse Laws---- 85 E. Duty and Report Wrongdoing---- 86 Employee Acknowledgement and Receipt---- 9# Complaint Reporting Form ---- 92 FMLA Poster---- 93 Useful Contact Information ---- 94 Ethics Hotline Reporting Poster---- 95 and First Transit been .. leader and f rtransportationi over 60 years, including our -tredecessor companies American Transportation Enterprises, ATE Management & Service Co. ant Ryder/ATE. 1955 American Transportation Enterprises is founded. 1969 American Transportation Enterprises continues operations under the newly formed ATE Management & Service Company. Former American Transportation Enterprise managers form ATE Management & Service Company to provide management services. 1985 ATE Management & Service Company operates their first paratransit system in North America. 1986 Ryder acquires ATE Management & Service Company to form Ryder/ATE. Ryder/ATE acquires Managed Logistic Systems (MLS) to create Ryder/MLS. 1993 Ryder Student Transportation Services and Ryder/ATE combine to form Ryder Public Transportation Services. 1999 FirstGroup plc acquires Ryder Public Transportation Services, creating First Student, and First Transit, including First Vehicle Services. 4 First Transit manages and operates over 115 contracts with public transit organizations in 26 states. 7 First Transit acquires Cognisa, a transportation company specializing in shuttle services. First Transit manages and operates 153 systems in 42 states, Canada, and Puerto Rico for transit authorities, state departments of transportation, federal agencies, municipal organizations, and private companies. FirstGroup plc acquires Laidlaw International, Inc., subsequently joining Laidlaw Transit with First Transit. First Transit operates 235 locations — in nearly every State and Puerto Rico. First Transit's, now with a workforce of 13,000 employees, operate 6,700 buses that cover over 260 million annual fleet miles. 2008 One-year anniversary of the FirstGroup acquisition of Laidlaw International, Inc. FirstGroup now employs more than 100,000 employees across North America, operates over 70,000 vehicles in 45 states and in nine Canadian provinces. FirstGroup America leads transit industry safety standards with company -wide ban on cell phone use while driving, implementing a Zero Tolerance Policy towards Cell Phone Use. 2009 Brad Thomas appointed as President of First Transit and First Vehicle Services. 2012 First Transit partners with United States Army's Partnership for Youth Success (PaYS) to offer employment within the organization for military personnel returning or retiring from service. 2015 First Transit expands operations to Panama to provide transit management for the government of Panama's bus system, MiBus. First Transit Awarded first bus rapid transit (BRT) contract by Connecticut Department of Transportation (CTDOT) to operate CTfastrak, the state's first BRT system. 01 First Transit announces the first shared autonomous vehicle (SAV) passenger shuttle pilot in North America at Bishop Ranch in San Ramon, CA. First Transit wins first rail contract in North America with the Denton County Transportation Authority (DCTA) providing operations and maintenance service for the DCTA A -train commuter rail line. First Transit awarded first contract in India to operate employee shuttle buses at the Hinjewadi Techzone IT Park in Pune. 2017 First Transit awarded the DASH Downtown and Mid -City fixed -route service for the Los Angeles Department of Transportation (LADOT). First Transit receives the International Standards Organization (ISO) 9001:2015 Quality Management System (QMS) certification for the operation and maintenance of the Denton County Transportation Authority (DCTA) A -train commuter rail system. First Transit operates the first SAV service open to passengers in the United States in Arlington, TX. This SAV transports passengers during events at AT&T Stadium and Globe Life Park. First Transit signs exclusive partnership with GoMentum Station in Concord, CA. GoMentum Station is a 5,000-acre facility and one of ten federally designated AV testing sites in the U.S. 1 First Transit Announces partnership with Minnesota Department of Transportation (MNDOT) to support a shared autonomous vehicle (SAV) roadshow. The SAV stopped at multiple cities in MN, testing vehicle performance in extreme winter conditions, including the state capitol, 3M World Headquarters, and Minneapolis for the week of the Super Bowl. First Transit partners with Livermore Amador Valley Transit Authority (LAVTA) in Dublin, CA, to test SAVs as a first mile/last mile solution for commuters traveling between a transit station and their homes. First Transit awarded TransLink HandyDART operation in Vancouver, Canada. This turnkey paratransit operation is 320 fleet vehicles operating from five locations across the service area. First Transit provides operations, maintenance, and consulting for more than 330 locations across North America in 39 states, Canada, Puerto Rico, Panama, and India. • The First Transit Employee Handbook (Handbook) is not intended to be an employment contract or agreement, nor does it contain promises or commitments of any kind to employees. The contents should not be construed otherwise. Any references to, or discussion of, matters related to employment shall not be treated as a contractual agreement or guarantee of employment. This Handbook supersedes all previous Handbooks and any inconsistent verbal or written policy statements made or issued before this Handbook. The Company reserves the right to add to, modify, revoke and/or interpret any of the policies or procedures in this Handbook at any time at its sole discretion without notice. Our failure to adhere to any provision of this Handbook does not create rights nor constitute a waiver. The employment relationship established with the Company is terminable at will (except for employees covered by a Collective Bargaining Agreement), by either the employee or the Company, at any time, for any reason, with or without cause. The contents of this Handbook shall not be construed as creating a right to employment for any specific period of time. No manager has any authority to enter into a contract of employment expressed or implied that changes or alters the at -will employment relationship. Only the President of the Company has the authority to enter into an employment agreement that alters the at -will employment relationship and any such agreement must be in writing and signed by the President of the Company. This Handbook applies to employees represented by a labor union, only to the extent that the Handbook's provisions are not in conflict with a specific term or condition stated in the applicable Collective Bargaining Agreement (CBA). To the extent that the Handbook is in conflict with a term or condition of the employee's applicable CBA, the provision in the CBA shall take precedence. • Where provisions in this Handbook are in conflict with applicable law, including state or local statutes, the state or local laws prevail and the Company will comply with those laws. • No person is authorized to make oral exceptions to this Handbook and written exceptions are permitted only when signed by the President of First Transit. Nothing in this Handbook is intended to violate any local, state or federal law. Nothing in this Handbook or in any other document or policy is intended to limit any concerted activities by employees relating to their wages, hours or working conditions, or any other conduct protected by Section 7 of the National Labor Relations Act. Nothing in this Handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission ("EEOC"), National Labor Relations Board ("NLRB"), Securities and Exchange Commission ("SEC") or any other federal, state or local agency charged with the enforcement of any laws. • The purpose of the Employee Handbook is to provide you information about First Transit's employment practices and the expectations that we have concerning our employees. The Handbook is intended to serve as a reference tool for all employees and to provide guidance concerning many essential employment matters. Violation of any First Transit policy and/or procedures puts your employment at risk. The First Transit Employee Handbook (Handbook) establishes standards for employment, operating efficiently, and delivering world class safety and customer service for FirstGroup America and its subsidiaries and affiliates (First Transit). This is your personal copy. These First Transit policies, practices and regulations should assist all employees in their day-to-day relationships with the public and the Company. Its goal is to make First Transit employees aware of the nature and scope of their responsibilities as a transportation provider, thereby creating a better understanding and working relationship between employees, clients, and passengers. Each employee is responsible for learning and understanding the rules, consequences and discipline outlined in this Handbook. This is a living document and your input is sought and desired. Please feel free to bring any questions or concerns to management's attention. All employees shall fully comply with the laws and regulations that apply to the Company and its employees. When the application of such laws or regulations is uncertain, employees shall seek the guidance and advice of the Human Resources Department. No employee shall at any time take any action on behalf of the Company that is known to violate any applicable law or regulation. While the Handbook provides policies and guidelines to all employees, employees are also subject to all other policies and guidelines governing employees of First Transit (Company) as periodically published. Employees must be familiar with the contents of the Handbook and ensure their performance and conduct conforms to the contents. Also, employees may be subject to additional local policies and guidelines. If a situation arises with respect to the Handbook and its contents about which an employee may have a concern or question, the matter should be promptly reviewed with the employee's manager, Region Human Resources Manager/Director, contact the Ethics & Compliance Hotline at ethicsfirst.ethicspoint.com, call the hotline number at 1.877.3CALLFG (1.877.322.5534) or email Compliance@firstgroup.com. Your commitment to safety, efficiency, economy, customer service and demonstration of a positive image are essential to maintain the highest quality standards of First Transit. We are pleased that you have joined our team and invite you to share and help further our professional approach to the transportation industry. First Transit is an equal opportunity employer and is committed to providing a work environment that values diversity and promotes equal employment opportunity. First Transit strongly believes in offering work -related opportunities based solely on qualifications and business necessity, without regard to race, color, religion, gender, sex, pregnancy, childbirth or related conditions, national origin, ancestry, age, marital status, physical or mental disability, military or veteran status, citizenship status, actual or perceived sexual orientation, gender identity, genetic information or carrier status or any other consideration prohibited by applicable law. First Transit's commitment to providing equal employment opportunity applies to every applicant and employee and First Transit prohibits unlawful discrimination by anyone, including managers, officers and co-workers and third parties doing business with or for First Transit, such as customers or vendors. All employees are expected to treat one another with the same professionalism as one would like to receive from others such that all employees can enjoy a work environment free of harassment, intimidation, and discrimination. In addition to hiring, all other terms and conditions of employment must be administered without unlawful discrimination, including without limitations, promotions, salary increases, benefits and on-the-job training. Any employee or applicant who believes that they have been subjected to or witnessed any kind of discrimination or believes this policy has been violated or is not being properly implemented should follow the Reporting Procedure set forth in the Company's Discrimination, Harassment and Retaliation Reporting Procedure Policy below. Any employee who is determined to have engaged in conduct prohibited by this policy or other inappropriate conduct, even if it does not rise to the level of prohibited discrimination, will be subject to disciplinary action, up to and including termination. Employees should note that they may be held personally liable for any acts of unlawful discrimination. Retaliation for complaining about discrimination or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. See the Company's Policy Against Retaliation set forth below. General Policy Against Unlawful Harassment First Transit is committed to providing a work environment free of prohibited harassment. Harassment because of race, color, religion, gender, sex, pregnancy, childbirth or related conditions, national origin, ancestry, age, marital status, physical or mental disability, military or veteran status, citizenship status, actual or perceived sexual orientation, gender identity, genetic information or carrier status or any other consideration prohibited by applicable law is strictly prohibited and will not be tolerated. First Transit's anti -harassment policy applies to all persons involved in the operation of the Company, regardless of their position, and prohibits harassment, even if it does not rise to the level of being unlawful. This policy applies to all employees of the Company, including managers, officers and co-workers and third parties doing business with or for First Transit, such as customers, visitors and vendors. Harassment does not require the loss of some tangible economic benefit but includes behavior that creates a hostile or threatening work environment. The Company prohibits such conduct, even if the conduct is not sufficiently severe or pervasive to constitute unlawful harassment. If such harassment occurs in the workplace by someone not employed by the Company, the procedures in this policy should be followed. For purposes of this policy, the workplace includes: actual worksites, any setting in which work -related business is being conducted (whether during or after normal business hours), company -sponsored events, or company owned/controlled property. Any employee who is determined to have engaged in conduct prohibited by this policy or other inappropriate conduct, even if it does not rise to the level of prohibited harassment, will be subject to disciplinary action, up to and including termination. Employees should note that they may be held personally liable for any acts of unlawful harassment. Retaliation for complaining about discrimination or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. See the Company's Policy Against Retaliation set forth below. Sexual Harassment Defined For purposes of this policy, sexual harassment is defined to include unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when: • Submission to such conduct is either explicitly or implicitly made a term or condition of an individual's employment • Submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates a hostile or threatening working environment Sexual harassment includes various forms of offensive behavior based on sex. The following is a non -exhaustive list of the type of conduct prohibited by this policy: • Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates). • Offering employment benefits in exchange for sexual favors. • Making or threatening reprisals after a negative response to sexual advances. • Visual conduct: leering, staring, making obscene or sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars, posters, websites, emails or text messages. • Verbal conduct: making or using sexually derogatory comments, innuendos, epithets, slurs, sexually explicit jokes, or comments about an individual's body or dress, whistling, making suggestive or insulting sounds. • Verbal and/or written abuse of a sexual nature, graphic verbal and/or sexually degrading commentary about an individual's body or dress, sexually suggestive or obscene letters, notes, invitations, emails, text messages, tweets or other social media postings. • Physical conduct: touching, assault, or impeding or blocking normal movements. • Retaliation for making reports or threatening to report sexual harassment. The above list of examples is not intended to be all-inclusive. Federal, state, and local governments protect against sexual harassment and provide for various remedies. There are additional applicable laws in a variety of jurisdictions. Other Types of Unlawful Harassment Defined Harassment on the basis of any legally protected status is prohibited, including harassment based on race, color, religion, gender, sex, pregnancy, childbirth or related conditions, national origin, ancestry, age, marital status, physical or mental disability, military or veteran status, citizenship status, actual or perceived sexual orientation, gender identity, genetic information or carrier status, or any other consideration prohibited by applicable law. Unlawful harassment in employment may take many different forms. Examples include, but are not limited to: • Verbal conduct including taunting, jokes, threats, derogatory comments, vulgar, profane, or threatening comments or slurs based on an individual's protected classification, including racial slurs and jokes • Visual or written conduct such as statements or images in posters, cartoons, photos, drawings, calendars, websites, e-mails, text messages or publications that are harassing based upon any legally protected characteristic • Physical conduct such as assault, blocking normal movement, restraint, touching or other physical interference with work directed at an individual because of an individual's protected status • Threats and demands to submit to certain non -work -related conduct or perform certain non - work -related actions to keep or get a job, to avoid some other loss, or as a condition of job benefits, security or promotion because of an individual's protected status Preventing Harassment Preventing harassment, including but not limited to, sexually offensive conduct, requires increased awareness by everyone of the impact their conduct might have on others. Employees should be sensitive to cultural differences that may exist in the workplace. What one employee thinks is proper conduct might be viewed as inappropriate by another. It is no excuse that the alleged offender "meant no harm" or "was just kidding." Manager's Responsibility All managers are responsible for: • Implementing this policy, which includes, but is not limited to, taking steps to prevent harassment and retaliation; • Ensuring that all employees under their supervision have knowledge of and understand this policy; • Promptly reporting any complaints to the designated Human Resources Representative so they may be investigated and resolved in timely manner; • Taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance with this policy; and • Conducting themselves, at all times, in a manner consistent with this policy. Failure to meet these responsibilities may lead to disciplinary action, up to and including termination. Any employee or applicant who believes that they have been subjected to or witnessed any kind of harassment or believes this policy has been violated should follow the reporting procedure set out in the Company's Discrimination, Harassment and Retaliation Reporting Procedure Policy. Any employee who is determined to have engaged in conduct prohibited by this policy or other inappropriate conduct, will be subject to disciplinary action, up to and including termination. Retaliation for complaining about discrimination or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. See the Company's Policy Against Retaliation set forth below. It is a policy of First Transit to fully support any employee who reports actual or perceived discrimination, harassment or unlawful conduct. Retaliation for complaining about discrimination, harassment or retaliation, or for providing information relating to such complaints, is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. In other words, employees are protected for speaking up in good faith if they believe discrimination, harassment or retaliation has taken place, and from providing information related to such complaints, even if the complaint is ultimately not substantiated. Any manager, or co-worker who retaliates against a complaining employee or anyone involved in an investigation of a complaint will be subject to discipline and/or termination. Some examples of what may constitute retaliation may include: denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, termination, negative evaluations, reprimands and harassment. The above list of examples is not intended to be all-inclusive. Any form of retaliation for speaking up about perceived bias, harassment or discrimination, or retaliation for providing information related to any investigation into such matters, is a separate violation of the Company's Harassment Free Workplace Policy and the Company strictly prohibits such conduct. Such conduct may also be unlawful. If you believe that you have been subjected to retaliation by a co-worker, or manager, or believe another individual has been subject to retaliation, you should promptly report the matter using the Company's Discrimination, Harassment and Retaliation Reporting Procedure Policy set forth immediately below. Any employee or applicant who believes that they have been subjected to or witnessed any kind of discrimination, harassment, retaliation, coercion, or intimidation by anyone, whether by an officer, co -employee, a customer or vendor, or a member of our management, should report it immediately. Complaints may be made verbally, or in writing, to the employee's manager or with Region Human Resources by calling the confidential Ethics and Compliance Toll -free Hotline at 1.877.3CALLFG, (1.877.322.5534) contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com. Complaint reporting forms are available. Employees are not required to report any prohibited conduct to a manager who may be hostile, who has engaged in such conduct, who is a close associate of the person who has engaged in such conduct, or with whom the employee is uncomfortable discussing such matters. Employees will not be retaliated against for submitting a good faith report under this policy or cooperating in an investigation. Employees are encouraged, but not required, to communicate to the offending person that his/her conduct is offensive and unwelcome. Any manager who receives either a verbal or written, formal or informal complaint must immediately notify the Human Resources Department after receiving the complaint. All complaints will be thoroughly and objectively investigated. The investigation may include interviews of individuals believed to have information regarding the alleged conduct. Such complaints or investigations will remain confidential to the extent possible and permitted by law. For instance, the Company may need to disclose certain information to investigate a matter and disclose corrective measures taken. If the investigation reveals that a violation of the Company's non-discrimination, anti -harassment or anti -retaliation policy or other inappropriate conduct has occurred, then the Company will take prompt corrective action, including discipline up to and including termination, as appropriate under the circumstances, and regardless of the job position of the parties involved. The Company may discipline an employee for any inappropriate conduct discovered in the investigation regardless of whether the conduct amounts to a violation of law. If the person who engaged in the harassment, discrimination or retaliation is not employed by the Company, then the Company will take whatever corrective action is reasonable and appropriate under the circumstances. Appropriate action may also be taken to deter any future discrimination, harassment or retaliation prohibited by this policy. If a complaint cannot be substantiated, the Company may take appropriate action to reinforce its commitment to providing a work environment free from harassment. It is the obligation of all employees to cooperate fully in the investigation process. In addition, disciplinary action may be taken against any employees who attempts to discourage or prevent any employee from using the Company's complaint procedure to report misconduct or who provide knowingly false information during an investigation. The initiation of a good faith complaint of harassment or retaliation will not be grounds for disciplinary action, even if the allegations cannot be substantiated. Any individual who makes a complaint that is demonstrated to be intentionally false may be subject to discipline, up to and including termination. Complaints may be made anonymously using the Ethics and Compliance Toll -free Hotline at 1.877.3CALLFG, (1.877.322.5534) contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com. First Transit is committed to conducting our business with honesty and integrity, and we expect all staff to maintain high standards in accordance with our Code of Business Ethics. However, all organizations face the risk of things going wrong from time to time, or of unknowingly harboring illegal or unethical conduct. The Company encourages employees to speak up and raise questions and concerns promptly about any situation that may violate our Code of Business Ethics, our policies and procedures, or the laws, rules, and regulations that govern our business operations. If you have any questions or concerns related to any conduct or activities that you believe may violate our Code of Business Ethics, our policies and procedures, or the laws, rules, and regulations that govern our business operations, including but not limited to, any suspected wrongdoing or danger affecting any of our activities, you should report it under this policy. Reference the employee portal, posted policy or see your manager for details regarding the Whistleblowing policy. We hope that in many cases you will be able to raise any concerns with your manager. You may tell them in person or put the matter in writing if you prefer. They may be able to agree a way of resolving your concern quickly and effectively. However, where the matter is more serious, or you feel that your manager has not addressed your concern, or you prefer not to raise it with them for any reason, you can either raise it with your manager's manager, or your Region HR manager. Employees may also directly file a written or verbal complaint by calling the confidential Ethics and Compliance Toll -free Hotline at 1.877.3CALLFG, (1.877.322.5534) contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com. Managers are charged with assuring that they and their staff comply with the whistleblower protections and that no retaliation occurs because of a reported safety related issue. For more information on Whistleblowing refer to FirstGroup's Whistleblowing Policy. Nothing in this policy, our Whistleblowing Policy, or this Handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission or any other federal, state or local agency charged with the enforcement of any laws. U.S. law requires companies to employ only individuals who may legally work in the United States and who comply with applicable immigration and employment law. First Transit participates in the E-Verify program. E-Verify is an Internet -based system that allows businesses to determine the eligibility of their employees to work in the United States. As a condition of employment, every individual must provide satisfactory evidence of his or her identity and legal authority to work in the United States within 3 business days of commencing employment. If the employee cannot verify his or her right to work in the United States within 3 business days of employment, the Company will be required to terminate his/her employment immediately. The Company will not employ any individual ineligible to work under applicable immigration laws. Employees are required to immediately inform the Company of any change in employment status. ' • i First Transit may periodically conduct Performance Evaluations of employees. The frequency and type of evaluation depends on the position. A positive performance review does not guarantee a wage increase or a promotion. These decisions are made at the discretion of the Company and depend on several factors in addition to an employee's individual performance. We reserve the right to make any workforce changes (including termination) before or after performance evaluations. First Transit posts open positions. The posting will include a job title and description, job requirements/qualifications and information on how to apply for the position. Visit the FirstGroup Careers site at to see a listing of open positions and to apply online. Questions can be directed to the Talent Acquisition team at 513.419.3222. In some circumstances, the Company may choose to not post a position. Whenever possible, First Transit jobs will be filled by current First Transit employees who meet all job requirements and are the most qualified candidate for the position. First Transit offers an online library to assist employees with their professional development goals through First America University: http://firstuniversity.skiliport.com. Eligibility for online learning programs varies by job role. Assigned course work, found in Employee Learning Plans, are to be completed while at work, and on company time. Courses of a general nature or non -assigned courses are also available on your own time and are provided as a benefit to employees in office and managerial roles, who want to professionally develop in areas outside of company required learning. For more information contact: CJnlilneLearnin @firstgroup.com iOTT 2 ' - M Employees may request transfers from one Company location to another. Employees who would like to be considered for transfer to another location should contact location management for information on the location transfer process. Please refer to your location Manager, location Human Resources Representative, or the internal careers website for location openings. A benefit of working with First Transit is the ability to transfer between locations. We cannot guarantee that transfer requests will be granted. Pay and Benefits may change between locations. Agreement to transfer is dependent upon business necessity at both the current and new work locations and the employee's work performance, as well as whether the employee meets all job requirements of the position and is the most qualified candidate for the position. When an employee elects to transfer to a new location and the transfer request has been approved by both current and new work managers, the original date of hire from the current location will be maintained with the HRIS/Payroll system kept as relating to years of service toward vacation entitlement (if applicable) and service awards eligibility (if applicable). First Transit will not perform any service, transport or use a product, unless it can be done safely. First Transit, requires all employees to perform their duties safely and with concern for the safety of our passengers, other employees and the public. Management is committed to providing a safe workplace, the proper training, protective equipment, and a work environment conducive to safe practices and policies. Management believes that working safely promotes quality, productivity and profitability. Prevention of collisions and personal injuries is of critical importance to the everyone. The Company is committed to on -going safety processes to help employees work safely at all times. w #'• # • ii r # #•'•0' First Transit supports the policy of a drug -free workforce and does not tolerate any violation of our Drug & Alcohol Policy. The Drug & Alcohol Policy has been prepared, published, and distributed to all employees and contains the complete details of the drug and alcohol programs, including federally required testing and compliance. The Policy, as mentioned briefly here, has been provided to each employee and is incorporated into the Employee Handbook by reference. A copy of the Policy is available at every Company location, and from any manager in the Company. The purpose of this Policy is to assure employee fitness for duty and to protect our employees, customers, and the public from the safety and health risks posed by the misuse of alcohol and the illegal use of drugs. Any violation of the Policy may result in further disciplinary action, up to and including termination for a first offense. Illegal use of drugs includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. The "use" of drugs means presence in an employee's body system while on duty. A positive test is sufficient to support a finding of "use." Please refer to the Company's Drug and Alcohol Policy in its entirety for a complete understanding of the program. If you or location management has additional questions about the Drug and Alcohol Policy, contact your National Drug and Alcohol Program Administrator at 1.513.684.8736. The First BeSafe Principles provide the basic truths or fundamental laws about working safely in our workplace and on our vehicles. The First BeSafe Principles are designed to work with the BeSafe Program explained below in BeSafe section. All First Transit employees are expected to adopt these principles and put them into practice at all times, so together we may create a safe work environment free from injury to ourselves, our co- workers and our passengers. The motto for the First BeSafe Principles is: "Think Safe, Act Safe, BeSafe." This motto is your instruction to work safely at all times. If you feel you cannot perform a task safely, do not perform the task. Stop and immediately advise management of issues preventing you from working safely and what is required to ensure your safety. Listed below are the BeSafe principles: • Prevent injury to myself and others Be aware of any hazardous condition or practice that may cause injury to people, damage to property, or the environment. Use your BeSafe Handbook to record and report. • Perform all necessary safety checks and risk assess my work area and job before 1 do any work Speak to your manager before you start work if you are unsure of required safety and risk assessments. • Follow all safety procedures, signs and instructions If you do not understand, speak to your manager before you start work. • Keep my work area clean and tidy at all times Untidy areas could cause injury to you or to your colleagues and waste time and energy. • Wear my protective clothing and equipment as required Keep it in good working order, wear it correctly and ask for a replacement if it becomes damaged or unfit for your use. • Use only the correct tools and equipment that I am authorized and trained to use for the job Check that they are in good condition before use and use them safely. • Only adjust and repair any piece of work equipment if I am trained and authorized to do so Never modify any equipment that changes the designed use of the equipment or alters a safety feature. • Assess any load and my capability to move it before lifting Make sure you get help with any heavy or awkward items and follow the correct lifting techniques. • Report all injuries, incidents and near misses to my manager Seek help immediately and first aid (if necessary). • Tell my manager if I have any suggestions to prevent injuries in my work place Make a note of your suggestions and discuss with your manager. The main purpose of BeSafe is to reduce collisions and injuries by increasing the communications between employees and managers about safety. As part of the BeSafe process you are encouraged to initiate reports of any near miss, route and security hazards or any unsafe condition. When you make a report to your manager about a safety or security concern, your manager will investigate the concern and follow-up with you regarding the resolution of the report. The Company will not retaliate against or impose any other form of retribution on any employee because of his or her good faith reporting of a safety issue/concern, another person's suspected violation of Company policies or guidelines, or any alleged violations of federal, state or local laws. Our managers initiate conversations with employees about their observations of both safe and unsafe behaviors. A quality discussion about safety benefits all parties and will lead to safer behaviors for our employees and passengers. As part of the BeSafe initiative, each employee will be issued a BeSafe Handbook to carry with them at all times while they are on duty. The BeSafe Handbook must be carried in either the clear plastic pouch with the safety lanyard and worn around the neck or inserted in the clear plastic pocket on the new style safety vests. The BeSafe Handbook contains a "Safety Contact" pad which is for use by the employee for documenting and reporting safety, route and security concerns. If an employee is involved in a near miss or a "close call" we are asking for their help in reporting the event so we all may learn the lessons from it and perhaps prevent a collision or injury from occurring. When an employee observes an item on their route which in their opinion creates a safety or security hazard we are asking for their help in bringing it to their manager to discuss. If the safety or security hazard requires immediate attention, notify dispatch. Personal Protective Equipment (PPE) must always be used when and where appropriate. Reflective Safety Vests or Company issued High Visibility Uniform Shirts are to be worn by all employees and visitors while they are pedestrians in the bus yard, employee parking lots and at any time they are exposed to vehicle traffic. In addition, vests are to be worn by employees while outside a vehicle on public streets or at Transit Centers while performing their various responsibilities (e.g., putting out reflective triangles, assisting passenger loading, driver exchange, and foot traffic to break or rest areas). Failure to properly adhere to this policy will be considered a serious safety violation and will result in severe disciplinary action up to and including termination. First Transit shall not be liable for any damage to personal vehicles at the workplace that may be caused by another party. All employees must reverse park buses and personal vehicles, unless the location has received a waiver from their Regional Safety Manager. We care about you and your personal safety and will do everything possible to provide you with a safe work environment. If you are injured during your work, you should report immediately to your manager for first aid treatment, but, no later than 24 hours, no matter how slight the injury. If your injury is of a serious nature and requires further attention, you will be taken to the nearest qualified treatment center. All compensable claims will be paid by our claims administrator. Every employee will have personal protective equipment (PPE) and safe work methods required for certain tasks in his/her job. It is the responsibility of the employee to use that equipment and follow the safe work methods as instructed. Failure to do so may lead to injury for the employee and/or others. It is a violation of Company policy to not use the required equipment provided for certain tasks. Any employee, vendor and visitor on Company property shall wear the Company -issued "reflective safety vest" or high -visibility clothing when walking on Company property outside of our buildings. Where designated pedestrian walkways are marked, they should be utilized at all times when walking in our bus yards. Only Authorized Employees are allowed in a First Transit maintenance shop. When required to enter, all other employees and persons will remain behind the yellow lines in the safe area and will leave immediately when asked by a shop employee or manager. WORKING SAFELY IS A BEHAVIOR, not a thought. Each employee is responsible for his/her own safety and that of others around him/her. No employee is exempt from the Company's BeSafe Principles and safe work rules. As an employee of First Transit you are expected to tell others when you see them not using protective equipment and/or not following a safe work method, or if not comfortable doing so, then to your manager. A safe workplace requires ALL employees' cooperation and acceptance of responsibility. Right to Know: Employees The Occupational Safety and Health Administration (OSHA) requires that all employers advise their employees, through written communications and formal training, of: • Potentially hazardous materials within the work site • Precautionary measures which must be taken to avoid a chemical release into the environment and employee exposure to that release in the event it occurs • Proper, safe methods of spill control and clean up Each employee has a right to know: • Of any operations in his/her work area where toxic or hazardous chemicals are present • These details about hazardous materials in his/her work area: o Which one(s) he/she may handle o Where to find information about the materials o How to safely handle those materials o How to react in case of an uncontrolled release of those materials o How to protect yourself from hazardous materials in all situations within the location Your location must: • Have a written hazard communications program (HCP) that describes how the HCP will be implemented • Conduct training of all employees so they will know about hazardous materials in their work areas • Ensure that all hazardous material containers (both primary {manufactured} and secondary {miscellaneous buckets/containers) are properly labeled) • Ensure Safety Data Sheets are available to employees Each new employee must receive initial training at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical -specific information must always be available through labels and safety data sheets. MIM All employees who perform maintenance and repairs to vehicles within transit centers and bus yards or on road calls shall complete a Risk Assessment prior to performing any work on a vehicle. The Risk Assessment process requires employees about to perform a maintenance task to confirm they possess the training, skills, knowledge, abilities, tools, and equipment to safely perform the task at hand. All employees who perform maintenance and repairs to vehicles shall complete a Risk Assessment form by assessing: • Are You Properly Trained to Perform the Task? • If Task Requires Lifting, Are Lifts Secured, Are Jack Stands Used Correctly? Are You Wearing the Appropriate PPE? Have You Performed the Proper LOTO? Are You Aware of the Potential Risks of Performing this Repair? If the answer is "NO" to any of the above assessments the technician is to immediately contact their manager. At First Transit, a safe work environment is fundamental to the success of our employees and our Company. Each First Transit employee has the right to expect that he/she is free from threatening, or dangerous behaviors and practices while working for the Company. Threats or acts of violence — including intimidation, bullying, physical or mental abuse and/or coercion —that involve or affect Company employees or that occur on Company Property will not be tolerated. Company Property includes owned, leased, or occupied office or maintenance locations, parking areas, and Company vehicles. This also extends to Company employees on the property of our customers or suppliers. The prohibition against threats and acts of violence applies to all persons involved in the operation of the Company, including, but not limited to, Company employees and other personnel, contract and temporary workers, consultants, contractors, customers, vendors, visitors and anyone else on the Company's premises or in Company vehicles. Violations of this policy by an employee will result in disciplinary action, up to and including termination from employment on the first offense. Workplace violence is any intentional conduct that is sufficiently severe, abusive or threatening to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends and/or property such that employment conditions are altered or a hostile, abusive or threatening work environment is created for one or several employees. Examples of conduct that may be considered threats or acts of violence under this policy include, but are not limited to: • Any act, threat or veiled threat of physical, verbal or emotional abuse, force, violence, or intimidation, including but not limited to hitting, shoving or other such aggressive conduct, directed toward another or used to control or intimidate another individual or his/her family, friends, associates or property • Any pattern of coercive behavior which involves any act or threat of abuse, force, violence, intimidation, or other aggressive conduct. • Unlawful harassing or threatening communications (including without limitation phone calls, emails, text messages, etc.) • Surveillance or stalking by any means, including, but not limited to, physical, telephonic, electronic, or by any camera or video device • Possession or use of any weapon in violation of our weapons policy • Communicating an endorsement of the inappropriate use of firearms or weapons. • Intentional destruction of, or threats to destroy or damage, Company property, Company Premises or a Company vehicle • Impeding or blocking movement of another person or urging others to do the same (unless lawfully protected) • Using, threatening, or implying the use of any weapon or object that could be used as a weapon • Enlisting, coercing or asking others to do any of the above; and/or aiding others in doing any of the above Workplace violence does not refer to workplace arguments or debates that are zealous or impassioned, provided there is no resort to any form of coercion or aggressive behavior. Discussions about sporting activities, popular entertainment or current events are not considered workplace violence when there is no threat of violence being directed to the workplace or any individual connected with it. Rather, workplace violence refers to behavior that demonstrates an intention to engage in violence, condones violence in our workplace, or targets any individual with acts or threats of violence. Weapons, No firearms,dangerous mr r or r or explosives of any kind shall be • • • onto Companyproperty or r '• by person while on Companybusiness, CompanyProperty includesowned, ' i or occupied office or r ' . ' locations. Unless this prohibition contrary to state or local law, Company Property specifically includes company parking areas and company vehicles. This rl • extendsto Company employees on property our •'' or suppliers. Employees are not permitted to transport or store weapons in vehicles owned or leased by the Company and used by the employee for work purposes. This restriction excludes materials present on Company Property resulting from contractual obligations between First Transit. • ri customer or •• This prohibition specifically includes firearms and weapons including, but not limited to, air pistols and air rifles, guns, rifles and firearms of any type, including those for which the holder has a legal permit; switchblades or other knives; ammunition; bombs; bows and arrows; clubs; slingshots; blackjacks; metal knuckles and similar devices that by their design or intended use are capable of inflicting serious bodily injury or lethal force; toxic agents; chains; or other items that are threatening by their nature or that are displayed in a threatening or intimidating manner. • For purposes of workplace safety and security and to prevent theft and other misconduct the First Transit reserves the right to conduct electronic surveillance in work areas. Surveillance techniques may include, but are not limited to, video cameras and monitoring of telephone and electronic mail activity at Company locations. Employees should be aware that the Company reserves the right to monitor, review, and reveal the contents of email being transmitted on Company equipment, as well as grant third parties access to it with - exception of using email during non -working If there is any reported incident of theft, trespass, workplace violence, employee misconduct or any type of safety violation (hereafter collectively referred to as "security incidents"), the Company will utilize its surveillance equipment as an investigatory tool. The Company will also make use of its surveillance equipment to deter any future security incidents. The Company also reserves the right to actively monitor, through its surveillance cameras, any areas for safety reasons (to protect against equipment failure, breakage, or accident) or confidentiality reasons (to protect documents or other proprietary information). Although the video surveillance described in this policy is intended to monitor for security incidents and other safety reasons at the Company, it is possible that such surveillance may monitor activities not related to the Company's business. The Company respects the privacy of its employees. Accordingly, no video cameras will be installed in the Company's restrooms or in any lactation or changing areas. The surveillance video cameras and any video footage from the surveillance are to be used solely for the purposes of this video surveillance policy. Any unauthorized use of these video cameras and/or videotapes is strictly forbidden and may result in discipline, up to and including termination of employment. Reporting Threats of Violence The Company encourages anyone who sees, hears, or learns of any conduct or statement that seems threatening or suspicious, and/or any Weapons on Company Premises or in Company Vehicles, immediately to report such conduct or statement, either to his/her Supervisor or Manager, to the Human Resources Department, FirstGroup America Security, and/or to the confidential Ethics and Compliance Hotline at 1.877.3CALLFG, (1.877.322.5534), contact the Hotline intake site at ethicsfirst.ethicspoint.com, or email Compliance@firstgroup.com. If there is an immediate risk or imminent threat of violence, serious harm, or life -threatening conduct, employees should immediately call 911, local police, or other law enforcement. The Company will not tolerate any retaliation against anyone who, in good faith, reports observations to prevent workplace violence or who cooperates in any investigation of such report. Violations of this policy by an employee will result in disciplinary action, up to and including termination from employment on the first offense. No provision of this policy statement or any other provision in this policy alters the at -will nature of employment with the Company. The Company will make the sole determination of whether and to what extent, threats or acts of violence will be acted upon by the Company. In making this determination we may undertake a case -by -case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence or other violation of this Policy has occurred. PayrollA. rProcedure A schedule will be developed for each employee. The immediate manager and employee will be involved in the development and maintenance of an accurate schedule. Employees are encouraged to work with their immediate manager if the schedule needs to be modified. This policy applies to all hourly paid employees of First Transit. First Transit is committed to paying all employees correctly and to maintaining accurate payroll records. To ensure you are paid correctly, you must timely and accurately report and record all hours you work and all the earned benefit hours that you use. Work means any activity that you are required, requested, or permitted to perform in the interest of the Company or for the Company's benefit. Earned benefit hours means paid time -off hours that you earn, such as vacation, bereavement time, and disability (if applicable). Timely means prior to the next scheduled shift. Reporting and Recording Work Hours and Absences from Work You must accurately report and record all hours you work for the date you performed the work including meal periods where appropriate. Using current payroll procedures, the Company will pay hourly employees for all hours worked and will pay for earned benefit hours (for example, vacation) used on the date such hours were approved to be used, in accordance with Company Policy. It is a violation of the Company's policy for anyone to instruct or encourage another employee to work "off the clock," to incorrectly report hours worked, or to alter another employee's time records. If any employee is directed or encouraged to incorrectly report hours worked, or to alter another employee's time records, he or she should report the incident immediately to Human Resources. Editing Time Records Time records may only be edited to correct a mistake, such as when an employee advises he or she mistakenly listed an incorrect start or stop time. Only those authorized may edit time records. Those authorized to edit time records may not edit time for another employee without prior approval. If you are authorized to edit time records, you may not edit your own time. A First Transit member of management must authorize edits to your time records when editing is required. If a member of management is unavailable, another person with time editing responsibility must authorize edits to your time. Falsification of Payroll Records Prohibited First Transit prohibits falsification of any payroll record, which includes, but is not limited to intentionally or knowingly: • Clocking in or clocking out for another employee • Failing to report and record all work hours or accrued paid time off used • Reporting and/or recording false information regarding work hours or earned benefit hours • Failing to correct false information regarding work hours or earned benefit hours, which includes repeatedly failing to correct any errors • Instructing any employee to falsify any payroll record • Misusing paid time or using paid time without authorization (e.g. using paid time and claiming pay for leisure and other non -work activities) If it is determined that an employee violated this policy, disciplinary action, up to and including termination of employment may be issued. Investigations and Appropriate Action First Transit will investigate promptly and thoroughly any report of a possible deviation from this policy seriously. If the Company determines that a deviation from this policy has occurred, it will take appropriate action, including compensating any employee for improperly edited work hours or earned benefit hours, to correct the issue and prevent further errors. Employees are classified as either exempt or nonexempt under federal and state wage and hour laws. Exempt employees (which we refer to internally as salaried employees) are employees whose job assignments meet specific tests established by the federal Fair Labor Standards Act (FLSA) and state law and who are exempt from minimum wage and overtime pay requirements. Exempt employees are compensated on a salary basis. Nonexempt employees (which we refer to internally as hourly employees) are employees whose job positions do not meet FLSA or applicable state exemption tests, and who are NOT exempt from minimum wage and overtime pay requirements. Nonexempt employees are eligible to receive overtime pay for hours worked more than 40 hours in a given week, or as otherwise required by applicable state law. When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime. Nonexempt employees will be paid overtime where required by and in accordance with applicable law. Paid time off such as holiday pay, vacation pay, and jury duty pay (where applicable) will not count toward hours worked for determining overtime pay. All overtime work must be authorized in advance by the employee's manager. Working overtime without prior authorization may result in disciplinary action. It is the Company's policy to comply with all laws regarding meal and rest breaks. If an employee works in a state where there are no applicable meal or rest break requirements, the Company will provide break time as appropriate, subject to operational needs and manager discretion. Meal and rest breaks in these locations is not guaranteed. The Company will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. Employees needing breaks for lactation purposes may use ordinary paid rest breaks or may take other reasonable break time as needed. If possible, the lactation break time should run concurrently with scheduled meal and rest breaks already provided to the employee. If the lactation break time cannot run concurrently with meal and rest breaks already provided or additional time is needed for the employee, the lactation break time will be unpaid for hourly employees. Employees should contact their manager and/or their Region Human Resources representative during their pregnancy or before their return to work to identify the need for lactation accommodations. Whenever the Company is required to garnish an employee's wages, an administrative fee will be charged to the employee per garnishment where permitted by law. These fees are regulated by the state and subject to change at the discretion of the state. �.m You will be informed of the regular schedule for the issuance of pay statements or direct deposit. The pay statement will cover compensation earned for the previous work period. You may be required to present your driver's license when receiving your pay statement. If you are unable to produce your driver's license you will not receive your pay statement and will not be able to drive company or client vehicles again until you have produced a current license. r .. NWO _ . Your pay statement is subject to various deductions. The pay statement will show you exactly what deductions have been taken from your pay. You will want to keep this as a permanent record. Certain deductions are required by law. These include, for example: • Federal Income Tax • Social Security Tax • Medicare Tax • State Income Tax (where applicable) • Local or county taxes Other deductions are optional and will be taken only if you have signed a written or electronic authorization for the deduction (i.e. credit union, medical insurance, uniforms, etc.). Employees are encouraged to sign up for direct deposit or a Pay Card, which will be automatically deposited, but can also be paid with a "live check". Pay information can be accessed online via employee self-service. EmployeeK. Self -Service Employee Self -Service offers insight into pay information as well as additional features, including: the ability to update personal information, tax withholding, direct deposit information, tools to assist employees, and answers for pay -related questions. ReportingL. r Any error or overpayment made in your pay statement should be reported immediately to your manager. If you believe that your work hours or earned benefits hours have not been accurately reported or recorded, or if you are aware of any other potential deviation from this policy, or if you have any questions or concerns about your pay or any deductions taken, you should immediately contact your immediate manager, or if necessary the confidential Ethics and Compliance Hotline at 1.877.3CALLFG, (1.877.322.5534), contact the Hotline intake site at ethicsfirst.ethicspoint.com or email Compliance f rstgroup.colm. If you believe that your immediate manager may be violating this policy, you are not required to report the violation to that person. You may report the possible violation to any First Transit member of management, or you may call the Ethics and Compliance Hotline or Human Resources. Every report will be fully investigated, and the Company will provide the employee with any compensation to which the employee is entitled in a timely fashion. The Company complies with all applicable laws, including the Fair Labor Standards Act, and will not allow any form of retaliation against individuals who make good faith reports of alleged violations of this policy, or who cooperate in an investigation by the Company, even if the reports do not reveal any errors or wrongdoing. It is critical that all changes of personal status, regardless of if it was updated on Employee Self Service, be reported immediately in writing without delay to the Manager. (Examples: name, address, phone number, emergency contact, tax information, copy of license renewal) It will be your responsibility to notify the office to make sure the change is updated with your location records. Certain Company correspondence will be mailed to your home address. It may also be important to contact you by phone, or to contact you or your family quickly in case of illness, accident or emergency. A variety of employee insurance benefit options are offered. Benefit options are communicated by the FGA Benefits Center to employees as they become eligible. Insurance benefits, along with all other economic benefits offered, are location and project based. Benefit plans are defined in legal documents such as insurance contracts and summary plan descriptions. If employees are offered benefits, and if a question arises about the nature and extent of plan benefits or if there is a conflict in language, the formal language of the Plan documents govern, not the informal wording of this Handbook. Plan documents, if applicable, are available for your inspection. The Company and its designated benefit -plan administrators reserve the right to determine eligibility, interpretation, and administration of issues related to benefits offered by the Company. The Company reserves the right to change, cancel or amend benefits. The FGA Benefits Website provides considerable information as well as tools to assist employees and answer benefits questions. All employees of the Company have access to the FGA website. You can review, update, enroll, and change benefit elections and personal information. To access: Log on to www.myFirstStop.net For security reasons, first time users will be prompted to register to set up a password. If web access is not available to an employee, questions may be directed to the FGA Benefits third - party administrator by calling: 1.833.277.8056 Years of Service affects the accrual of some benefits. An employee in good standing, with one to four years and 11 months of service, who is rehired after voluntarily leaving the Company for not more than six months, will be granted continuous service status regarding benefits awarded based on years of service. An employee in good standing with five or more years of service, who is rehired after voluntarily leaving the Company for not more than twelve months, will be granted continuous service status regarding benefits awarded based on years of service. To the extent eligibility or waiting periods for benefits is governed by Benefit Plan documents, the terms of the Benefit Plan documents control eligibility, waiting periods and other terms of the plan. 16 :�-i •, Locations may have the opportunity to provide paid vacation time for full-time employees. Contact your manager for specific questions or further details. Earned vacation time must be used in the current vacation year, generally April 1st through March 31 st and may not be carried over from year to year except where state or local law prohibits "use it or lose it" policies. If an employee does not use earned vacation time in the current vacation year, he or she will not be paid for it. An employee who terminates from the Company, voluntarily or involuntarily, will be paid the prorated amount of vacation time allocated but not used based on the last day of employment. All requests for vacation time must be authorized in advance by the employee's immediate manager prior to taking the time away from work. Failure to return to work on the next scheduled day following a vacation leave may result in disciplinary action, up to and including termination. If an employee terminates from the Company, voluntarily or involuntarily, prior to the end of the vacation year, and he or she has taken vacation time that exceeds the prorated earned vacation benefit based on the employee's last day of employment, the employee will be required to reimburse the Company the equivalent of vacation pay taken and not accrued (unless adjusted from final paycheck), in accordance with applicable law. While the r Company a be able to • part-timeeach • i'ee must work a leastanaverage of 4 hours (or more, as defined by location management) a week over a three-month period. These hours must be worked in accordance with location management to insure a timely and effective operation. Please i w your immediate manager for• i • i , i No i, i The Company is proud to work with several local, regional and national -chain businesses to offer an employee discount program to you and most often, your family. With this program, there are many great offers, discounts and deals on a wide -array of products and services that may include but not limited to: cellular phones services and accessories, restaurants, vehicle purchases and rentals and many more. Please contact your location management team to learn more about the employee discount program available with our current vendors. For employees working in a jurisdiction that has a mandatory sick leave law, the Company will comply with all legal requirements. To maintain a productive work environment that is conducive to providing exceptional customer service and meet our contractual obligations, First Transit relies on its employees to arrive to work regularly and on time for each scheduled workday. An employee's failure to report to work as scheduled can negatively affect First Transit's business operations. It can result in fines being imposed on First Transit by its customers and places an undue burden on other employees. If you find it necessary to be late or absent, you must notify your manager directly as early as possible. Except for emergency situations, notification should be NO later than the night BEFORE your scheduled shift. You should indicate the reason for being late or absent. If you know you are going to be late or absent for more than one scheduled shift, please report that fact. If not stated, it will be assumed the call covers one scheduled shift only. Tardiness or absence may result in disciplinary action up to and including termination of employment, unless the absence or tardiness is legally protected. The following types of time off will not be considered grounds for disciplinary action under this policy: • Excused time off, including vacation and other approved forms of paid time off • Sick or safe leave provided under a mandatory sick or safe leave law • Approved leaves of absence, including jury duty leave, military leave, leave protected under the Family and Medical Leave Act or similar state laws, and time off or leave provided under the Americans with Disabilities Act or similar state laws, also any municipal or local laws • Time off due to a work -related injury that is covered by workers' compensation Each situation of absenteeism or tardiness will be evaluated on a case -by -case basis. Even one unexcused absence or tardiness may be considered excessive, depending upon the circumstances. The Company will not subject employees to disciplinary action or retaliation for an absence or for tardiness that is legally protected. If the employee believes that his or her absence or lateness to work is legally protected, the employee should notify his or her manager of this fact at the time of the absence or tardiness. Employees will not be required to reveal the nature of any underlying medical condition. If an employee believes he or she has been mistakenly subject to disciplinary action for an absence or for tardiness that the employee believes is legally protected, the employee should promptly discuss the matter with his or her manager or Human Resources. Company policy requires employees to submit a physician's release to return to work when absent three or more consecutive workdays. Absent extraordinary circumstances or a legally protected reason, if employees fail to report for work without any notification to their manager and their absence continues for a period of three days, the Company will consider that the employee has abandoned and voluntarily terminated his or her employment. Appropriate standards of attendance ensure that quality service is provided in all areas of our business. Please consult your manager regarding site specific policies. An employee's leave of absence may be covered by more than one leave policy and more than one applicable federal, state or local law. If so, the employee's leave time under each policy and applicable law will run concurrently (at the same time) to the extent permitted by law. For instance, if an employee is taking maternity leave, which is also covered under the Family Medical Leave Act, the employee's leave of absence will be considered both maternity leave and FMLA leave. The Company will grant family and medical leave in accordance with the requirements of applicable federal and state law in effect at the time the leave is granted. Although the federal and state laws sometimes have different names, the Company refers to these types of leaves collectively as "FMLA Leave." In any case, employees will be eligible for the most generous benefits available under applicable law. To the extent required by law, some extensions to leave beyond an employee's FMLA entitlement may be granted when the leave is necessitated by an employee's work -related injury or illness or by a "disability" as defined under the Americans with Disabilities Act and/or applicable state or local law. Certain restrictions on these benefits may apply. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the Company within 75 miles. FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job -protected leave per rolling 12-month period to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or child birth • To care for the employee's child after birth, or placement for adoption or foster care (bonding leave) • To care for the employee's spouse, son, or daughter, or for a child where the employee stands in loco parentis, or parent or a person who stood in loco parentis to the employee, who has a serious health condition • For a serious health condition that makes the employee unable to perform the employee's job • For Military Family Leave The applicable "12-month period" utilized by the Company is a rolling 12-month period measured backward from the date an employee uses his/her FMLA leave. If both spouses work for the Company and are eligible for leave under this policy, the spouses will be limited to a total of 12 work weeks off between the two of them when the leave is for bonding leave or to care for a parent with a serious health condition. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on a Covered Active Duty (as defined by FMLA) or are called to Active Duty status in the National Guard or Reserves in support of a contingency operation in a foreign country may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post -deployment reintegration briefings. Covered Service Member Caregiver Leave Entitlements FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred or aggravated in the line of duty on Active Duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. A "single 12-month period" begins on the date of the employee's first use of such leave and ends 12 months after that date. If both spouses work for the Company and are eligible for covered service member caregiver leave, the spouses will be limited to a total of 26 work weeks off between the two when the leave is for covered service member caregiver leave only or is for a combination of covered service member caregiver leave, military family leave, bonding leave and/or leave to care for a parent with a serious health condition. Benefits and Protections During FMLA leave, the Company maintains the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. This means that if employees want their benefits coverage to continue during their leave, they must also continue to make the same premium payments that they are now required to make for themselves or their dependents. In some instances, the Company may recover premiums it paid on the employee's behalf to maintain health coverage if the employee fails to return to work following a FMLA Leave. Under most circumstances, employees will be reinstated to the same position they held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. However, employees have no greater right to reinstatement than if they had been continuously employed rather than on leave. For example, if an employee would have been laid off if he or she had not gone on leave or, if the employee's position was eliminated during the leave, then the employee will not be entitled to reinstatement. Key employees may be subject to reinstatement limitations in some circumstances. If employees are considered a "key employee," those employees will be notified of the possible limitations on reinstatement at the time the employee requests a leave of absence. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. The employee's length of service at time of the leave will remain intact, but accrued benefits such as vacation and sick leave may not accrue while on an unpaid FMLA Leave. Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. If FMLA Leave is taken intermittently or on a reduced schedule basis due to foreseeable planned medical treatment, we may require employees to transfer temporarily to an available alternative position with an equivalent pay rate and benefits, including a part-time position, to better accommodate recurring periods of leave. Leave due to qualifying exigencies may also be taken on an intermittent basis. If an employee's request for intermittent leave is approved, the Company may later require employees to obtain recertification of their need for leave. For example, the Company may request recertification if it receives information that casts doubt on an employee's report that an absence qualifies for FMLA Leave. Substitution of Paid Leave for Unpaid Leave Generally, FMLA Leave is unpaid. However, employees may be eligible to receive benefits through state -sponsored programs or the Company's sponsored wage -replacement benefit programs. Employees may choose, or employers may require use of accrued paid leave while taking FMLA leave. All payments of wage -replacement benefits and accrued paid leave will be integrated so that employees will receive no greater compensation than their regular compensation during this period. The use of paid benefits will not extend the length of a FMLA Leave. To voluntarily elect to use paid leave for FMLA leave, employees must comply with the Company's paid leave policies. Employee Responsibilities Employees must provide 30 days' advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the Company's normal call -in procedures. Employees must provide sufficient information to the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employees must notify Human Resources as soon as possible if it becomes apparent that the employee can resume work earlier than anticipated. Employees must notify Human Resources and provide supporting documentation if they cannot return to work on their scheduled return date. Absent unusual circumstances, failure to comply with notice and certification requirements may result in a delay or denial of the leave. If an employee fails to return to work at leave's expiration and has not obtained an extension of the leave, the Company may presume that the employee does not plan to return to work and has voluntarily terminated their employment. An employee who fraudulently obtains Family and Medical Leave from the Company is not protected by FMLA's job restoration or maintenance of health benefits provisions. In addition, the Company will take all available appropriate disciplinary action against such employee due to such fraud. Non -Discrimination The Company takes its FMLA obligations very seriously and will not interfere, restrain or deny the exercise of any rights provided by the FMLA. We will not terminate or discriminate against any individual for opposing any practice or because of involvement in any proceeding related to the FMLA. If an employee believes that his or her FMLA rights have been violated in any way, he or she should immediately report the matter to Human Resources. Additional Information To obtain forms to request FMLA or for more information about FMLA or other state laws regarding Leave of Absence, refer to the information posted on your location's bulletin board, ask your Manager, or contact your Region Human Resources support. A Notice to Employees of Rights Under FMLA (WHD Publication 1420) is attached to this Handbook. First Transit recognizes that employees who are members of the United States military may need to attend annual training or to report for Active Duty. The Company provides unpaid military leaves of absence to employees who serve in the uniformed services as required by USERRA and applicable state laws. Service consists of performing any of the following on a voluntary or involuntary basis: active duty, active duty for training, initial active duty, inactive duty training, full time National Guard duty, absence from work for an examination to determine fitness for such duty, and absence for performing funeral honors duty. Total military leave time may not exceed 5 years during employment, except in certain, defined circumstances. Employees who are members of the military reserves or the National Guard may attend annual training sessions, with a maximum of two weeks of paid leave allowed during a 12-month period. Health Insurance for military service for 30 calendar days or less is provided as if the employee had remained employed. For military service, more than 30 calendar days, employees may elect COBRA/USERRA coverage for up to 24 months or the remaining period of military service, whichever is shorter. Employees who do not elect to continue coverage during military service can be reinstated into the health plan when reemployed by contacting the Benefits Administrator within 30 days of return. To be eligible for reinstatement, an employee must have provided advance notice of the need for military leave (where required) and have completed his or her service on a basis that is not dishonorable or otherwise prohibited under USERRA. Employees whose military service will be for fewer than 31 days must report back to work at the beginning of the first full, regularly scheduled work day following completion of service, after allowing for a period of safe travel home and eight hours of rest. Employees whose military service will be for more than 30 days, but fewer than 181 days must apply for re-employment within 14 days after completing service. Employees whose service is greater than 180 days must apply for re-employment within 90 days after completing service. As with other leaves of absence, failure to return to work or to reapply within applicable time limits may result in loss of reemployment rights. Full details regarding reinstatement are available from Human Resources. In general, an employee returning from military leave will be re-employed in the position and seniority level that the employee would have attained had there been no military leave of absence. If necessary, the Company will provide training to assist the employee in the transition back to the workforce. Vacation and other paid time off benefits do not continue to accrue during a military leave of absence. An employee returning from military leave is entitled to any unused, accrued vacation benefits the employee had at the time the military leave began minus any vacation benefits the employee chose to use during the leave. Upon reinstatement, the employee will begin to accrue vacation benefits at the rate he or she would have attained if no military leave had been taken. First Transit may grant a Non -Medical Personal Leave of Absence, due to extenuating circumstances, to full-time and part-time employees who have completed at least six months of continuous employment. A Non -Medical Personal Leave of Absence is defined as up to a 30- calendar day period, agreed upon and approved by the Company. First Transit may also grant a non-FMLA Medical Leave of Absence to full-time and part-time employees. After an employee submits a request for non-FMLA medical leave, the manager and/or Human Resources will engage in a formal interactive process with the employee to identify the precise limitations resulting from the employee's condition and leave accommodation appropriate for those limitations. A Leave of Absence (personal or medical) is unpaid, unless required to be paid under state or local law or if covered by an applicable wage -replacement benefit program. However, employees are required to use available accrued vacation and other paid time off during a Personal Leave of Absence to the extent permitted by law. The employee must provide First Transit with notice and any supporting documentation if they cannot return to work on the date approved and scheduled for them to return. Vacation and other paid time off benefits do not continue to accrue during leaves of absence without pay. An exempt employee will not be paid for days not worked in the following circumstances: • When an exempt employee works only part of the week during his or her first and last week with the Company, the employee will be paid only for the days actually worked • When an exempt employee takes unpaid leave under the Family and Medical Leave Act or corresponding laws, the Company will not pay for such days/hours of absence • The Company may require an exempt employee to use available vacation or other paid time off benefits, as a replacement for salary, when the employee takes less than a full -day off from work • An exempt employee's salary will not be reduced when the employee works part of a week and misses part of a week due to service as a juror, witness or in the military or for lack of work. • When an exempt employee takes one or more full days off for personal reasons other than sickness or disability, the employee may not be paid for such day(s) of absence, but the employee may use available vacation or other paid time off benefits to make up for the reduction in salary • When an exempt employee takes three or more full days off from work due to sickness or disability, the employee may not be paid for such day(s) of absence, but the employee may use available vacation time or other paid time off benefits to make up for the reduction in salary The employee may be reinstated to the same or equivalent position of employment that the employee occupied prior to taking the personal leave of absence whenever possible, or if it is required by federal, state or local law. First Transit maintains a commitment that employees injured on the job receive prompt quality medical care and return to work in a productive capacity as quickly as they are medically able to do so. Should you sustain an injury while on the job, you must take the following steps: • Report the incident to your manager immediately • Complete a written report of the incident • Follow the medical provider's instructions • Keep all future medical appointments • Bring the Work Status form to all medical appointments Participate in discussions regarding: • Your current condition • Medical treatment • Special problems • Concerns • Your possible return to work in your regular job or a transitional job • Return to a regular or temporary transitional duty position when available and the doctor permits Transitional duty, when available, is a temporary process that allows employees to remain productive in the workforce while they regain their full capacity during the recovery/rehabilitation process. There are two types of transitional duties that allow for this process: • Limited duty allows for an employee to work in their original job with some limitation • Modified work allows for an employee to work a position other than their normal position This Return to Work policy requires employees to: Return to work once they are medically able to do so, by a physician, to a job they can perform Participate in this process to the best of their ability as a condition of employment Sign an Employee Responsibility Form which indicates that the employee has received and understands this process Employees that choose to not participate in this process may subject themselves to disciplinary action, up to and including termination, as well as running the risk of losing Workers' Compensation benefits. • s - i • Vis ra 4 i The Company will provide a reasonable accommodation to qualified individuals with a disability unless doing so would pose an undue hardship on the Company or poses a direct threat to the health and safety of the individual or others. It is the employee's responsibility to inform the manager or Human Resources, in writing when possible, if there is a need for a reasonable accommodation due to a disability. Pregnant employees who need an accommodation due to pregnancy, a pregnancy related condition, a disability related to pregnancy and/or childbirth affecting ability to work must notify manager and/or Human Resources. Notice must be made in writing, when possible, of the need for a change in working conditions or environment due to pregnancy/childbirth. The employee should provide any supporting documentation which explains the work limitations. The manager and/or Human Resources will engage in a formal interactive process with the employee to identify the precise limitations resulting from the employee's condition and potential reasonable accommodations that could overcome those limitations, such as a leave of absence, modification of job duties, etc. First Transit may request medical documentation to establish the employee's need for an accommodation. Employees are required to cooperate with this process by providing all necessary documentation supporting the need for accommodation and being willing to consider alternative accommodations when applicable. Any medical documentation obtained will be kept confidential and only disclosed to appropriate managers and Human Resources on a need to know basis. The Company will provide reasonable accommodation for employees' sincere religious beliefs, observances, and practices when a need for such accommodation is identified or requested and the accommodation does not present an undue hardship to the Company. A reasonable accommodation is one that eliminates the conflict between an employee's religious beliefs, observances, or practices and either the employee's job requirements or the Company's rules, policies or work schedules, without causing undue hardship to the Company. Religious accommodations may arise in regard to dress, scheduling and religious practices. The Company has developed an accommodation process to assist employees, management, and Human Resources. Through this process, the Company establishes a system of open communication between employees and the Company to discuss conflicts between religion and work and to act to provide reasonable accommodation for employees' needs. The intent of this process is to ensure a consistent approach when addressing religious accommodation requests. Any employee who perceives a conflict between job requirements or the Company's rules, policies or work schedules and his or her sincere religious belief, observance, or practice should bring the conflict to the attention of Human Resources to initiate the accommodation process. Managers who have been made aware of a request for a religious accommodation should also contact Human Resources. The Company prefers that accommodation requests be made in writing, and in the case of schedule adjustments, as far in advance as possible. In situations where a religious need is uncertain or unclear, the Company may seek additional information from the employee or other appropriate sources. �' •` • 7 71 Many states or an applicable CBA may require First Transit to provide employees with additional leaves of absence, such as pregnancy disability leave, blood/bone marrow donation leave, school activities leave, jury duty leave or time off to vote. Please contact Human Resources with any questions regarding required leave entitlements. A. Freedom of Association Policy First Transit aspires to be a preferred employer in our industry. To that end, the Company supports human rights and the individual rights of its employees, including an employee's right to associate themselves with a labor union if they so choose. Though not an exhaustive list, management at First Transit supports an employee's right to: • Freedom of Association • A secret ballot election • An informed choice • A representative voter turnout To manage our business in support of our employees and the above rights and to refrain from management conduct, whether written or verbal, which is intended to influence an employee's view or choice regarding labor union representation. During union organizing campaigns, management shall support the employee's individual right to choose whether to vote for or against union representation without influence or interference from management. Management shall not act in any way which is or could reasonably be perceived to be anti -union. This includes refraining from making derisive comments about unions, publishing or posting pamphlets, flyers, letters, posters or any other communication which could be interpreted as criticism of the union or advises employees to vote "no" against the union. However, we believe that employees should be able to make an informed choice and therefore management may provide balanced factual information to assist its employees in making that choice. Further guidance as to what is and is not acceptable conduct can be given by your Human Resources Department. By extension of this policy, management is reminded of its obligation to honor the principles set out in the FirstGroup Corporate Social Responsibility policy, including the Code of Business Ethics. For any employee who feels that this policy has been violated and wishes to file a complaint, please complete a Complaint Form, which can be obtained from your local management or corporate Human Resources, and send it by one of the methods noted below: Via U.S. Mail to: FirstGroup America Attn: Vice President, Human Resources, 600 Vine St. Suite 1400, Cincinnati, OH 45202 Call First Transit's confidential Ethics and Compliance toll -free number at 1.877.3CALLFG, (1.877.322.5534), You may contact First Transit's confidential Ethics and Compliance Hotline intake site at ethicsfirst.ethicspoint.com, or email Compliance@firstgroup.com For reference, submitting a Complaint form does not affect an employee's right to file a complaint with the National Labor Relations Board or any other public agency. First Transit provides two main types of transportation — Fixed Route and Demand Response. In Fixed Route transportation, vehicles move along an established route regardless of who is (or isn't) on the vehicle. Examples could include a city bus, airport shuttle or even a light rail system. To operate a Fixed Route service, First Transit doesn't need any information about individual riders. This is very different from Demand Response services, where routes are designed based on specific rider's needs and requests. When we provide Demand Response services, we are entrusted with personal (and sometime protected) information about our riders. All locations providing eligibility -based Demand Response services follow our HIPAA policies and procedures to protect the privacy and security of rider's information. These locations are known as HIPAA Locations. These policies and procedures will impact how you operate every day. In providing services, First Transit may work with rider's personal information, including Protected Health Information ("PHI" and "ePHI") First Transit is committed to complying with all applicable provisions of Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH"). As such, First Transit has adopted a HIPAA Compliance Plan, on the Company's Intranet or from any manager. This plan includes policies and procedures to ensure the privacy and security information and further reaffirms and evidences First Transit's commitment to a culture of compliance. Workforce members at HIPAA Locations or with access to PHI or ePHI, will be required to sign and abide by a Confidentiality Agreement and Acceptable Use Policy, shall participate in the HIPAA education and training provided by First Transit and adhere to the privacy and security policies of First Transit. First Transit will impose appropriate sanctions on workforce members who fail to comply with the Compliance Plan or privacy and security policies. Possible sanctions for violations of First Transit's policies and procedures include disciplinary action as reflected in the Employee Handbook and include possible termination of employment. Additionally, workforce members that violate HIPAA regulations may be subject to civil penalties and/or criminal prosecution. As a member of First Transit's workforce, you are required to report all concerns, including known or suspected privacy and security breaches, regarding the privacy or security of PHI or ePHI to your manager and the First Transit -Compliance Officer. Anonymous reporting may be made through the Ethics & Compliance number at 1.877.3CALLFG (1.877.322.5534) or via email at Compliance@firstgroup.com Attn: HIPAA Compliance Officer. An Introductory Period of 90 calendar days shall constitute a trial period for all new hires. During which time, the Company will judge the ability, competency, fitness and other qualifications of new employees to do the work for which they were employed. The Company reserves the sole right to determine the suitability for continued employment of an individual within these 90 calendar days for any reason not protected by law. During this time, you can evaluate the Company as a place to work, and the Company can evaluate you as an employee. The Company reserves the right to extend the Introductory Period. Successful completion of the Introductory Period does not alter the at -will nature of employment for non -unionized employees and does not preclude the Company from further evaluating your work performance throughout your time with First Transit. Unionized employees should refer to their collective bargaining agreement. Solicitation for any purpose is not permitted while the employee is on paid working time or the employee being solicited is on paid working time. Non -employees are not permitted to solicit for any purpose on Company property. As used in this policy, "paid working time" includes all time for which an employee is paid and/or is scheduled to be performing services for the Company. Paid working time does not include time, whether paid or unpaid, when an employee is legitimately not performing services for the Company, such as breaks, lunch periods or before and after scheduled work hours. Employees may not distribute literature or other printed material at any time in Company work areas or during paid working time, nor may any person not employed by the Company distribute literature on Company property. Employees are permitted to distribute literature and other printed material during non -working times in non -work areas. Employees who violate this policy will be subject to disciplinary action, up to and including termination. migi 11 � •11 '' +► First Transit is a smoke free and vape free workplace. "Smoking" includes the use of traditional tobacco products, smokeless tobacco, and the use of electronic nicotine delivery systems or electronic smoking devices, to include "vaping". Smoking is not permitted in any First Transit facility or in any First Transit vehicle, or client vehicle. This includes the office, employee lounge, restrooms, hallways, and shop area. Those employees who wish to smoke must do so outside the building in the designated area. Additionally, smoking is not permitted on client property. There is NO smoking/NO vaping within 50 feet of the fuel island. This policy applies to all employees, visitors, vendors and staff. Violation of this policy may subject an employee to discipline, up to and including termination of employment. i The Dispatch office will receive and deliver personal messages to Company employees in the case of emergency only. If uniforms are provided, they should be kept in good repair and worn every day. Regardless of whether uniforms are available, all First Transit employees must present a neat and clean appearance, appropriate for the job assigned. As part of their personal appearance, First Transit employees are also expected to observe good habits of grooming and personal hygiene. Body odor should not create distractions. Employees are also encouraged to avoid wearing or applying excessive amounts of perfume, cologne, or other heavily scented items in the workplace. The benefits of a neat and clean appearance are many, but the major impact on people in our business is that: • It demonstrates self-respect. • A neat and clean appearance commands more respect from the passenger and will help maintain better discipline. Items that are not acceptable as proper dress on the job include: • Shirts or blouses without sleeves below the shoulder, such as tank tops, halter -neck tops, shirts which expose the midriff, etc. • Shirts and slacks that have a "torn off" look • Clothes with holes, tears or un-repaired damage • Footwear must be appropriate for position, location, and weather conditions • Any clothing displaying threats, epithets, derogatory comments based on a protected status (such as race, sex, or religion), slurs or that which depicts unlawful conduct • Shorts, unless authorized by manager • Body fit clothing, i.e., spandex and muscle shirts • Loose or hanging clothing, jewelry or other accessories that could become a safety hazard and caught on equipment or moving parts of the vehicle Dress code may vary by position and location. See your manager for details. Operators have specific uniform and appearance expectations they must meet. Employees must look neat and clean when reporting for duty. Wearing apparel is to be clean and shoes are to be presentable. Hair must be neat and clean. Any facial hair must be neat, trimmed and not interfere with sight or peripheral vision. Sunglasses may not be worn indoors and only be worn as needed for safe vehicle operations in appropriate outdoor settings. If applicable to the employee's job, the prescribed local uniform must be worn when on duty. Personal Protective Equipment (PPE) must always be used when and where appropriate. Reflective safety vests, or Company -issued high visibility uniform shirts, are to be worn by all employees while they are pedestrians in the bus yard or maintenance areas. Vests are to be worn while outside a vehicle on public streets or a Transit Center while performing various responsibilities (e.g., putting out reflective triangles, assisting passenger loading, driver exchange, and foot traffic to break or rest areas. Y � � If employees are considering or have chosen to leave the Company, please provide your manager with appropriate notice (2 weeks is recommended). An exit interview may be scheduled and is most appreciated. Personal cell phone use for personal reasons during working time must be strictly limited. Cell phones issued by the Company to hourly employees are intended primarily for performing job functions and may not be used for non -business purposes during working times or in any working areas. Employees out of town on business should use a Company cell phone for business calls and limited personal calls instead of a hotel phone. Cell phones issued to Salaried Employees are intended for business use, recognizing that Salaried Employees can use the Company issued unit for personal use within the limits of the phone service plan provided by the Company. Employees may not use any type of cell phone, cell phone accessories (including voice, image, and text messaging) or other electronic devices, while driving on Company business or driving/walking on Company owned or occupied property, in a workshop, or while climbing or descending stairs. Any phone calls made or taken while on Company property must occur within a designated safe place. All cell phones (and other cellular devices) must be switched off and stowed out of sight while a driver is operating a Company vehicle. It is not acceptable to have the cell phone powered on, even if in vibrate or silent mode. Cell phone calls should not be taken during any business meetings, unless an emergency condition exists. For safety reasons, cell phones are only permitted to be used in designated "Cell Phone Zones." Employees are not permitted to walk through the yard and talk on the cell phone. This includes the use of hands -free devices. For the purposes of this Section, "Driving" means being in control of a vehicle, even when the vehicle is stationary with the engine running. "Non -driving" means the vehicle is parked in a safe place with the gear selector in Neutral or in Park with the emergency/parking brake applied and the engine turned off. "Cell phone" includes, but is not limited to: cell and mobile phones, mobile or other electronic devices for personal communication, handheld or hands -free electronics devices, ear buds, Bluetooth, voice recognition, etc. Violations of this policy may result in disciplinary action up to and including termination. The Company's confidential and proprietary information is vital to its current operations and future success. Each employee should use all reasonable care to protect or otherwise prevent the unauthorized disclosure of such information. The unauthorized access to, or disclosure of the Company's confidential and proprietary information via any method of communication, is strictly prohibited and may be subject to discipline up to and including termination and referral to law enforcement for criminal prosecution. Employee obligations with respect to maintaining the confidentiality of such information continue even after your separation from employment with the Company. "Confidential Information" refers to a piece of information, or a compilation of information, in any form (on paper, in an electronic file, or otherwise), related to the Company's business that the Company has not made public or authorized to be made public, and that is not generally known to the public through proper means. Confidential or proprietary information includes, but is not limited to, nonpublic information regarding the Company's business methods and plans, databases, systems, technology, intellectual property, know-how, marketing plans, business development, products, services, research, development, inventions, financial statements, financial projections, financing methods, pricing strategies, customer sources, employee health/medical records, system designs, customer lists, methods of competing and training materials and workbooks. Additionally, employees who by virtue of their performance of their job responsibilities have the following information, should not disclose such information for any reason, except as required to complete job duties, without the permission of the employee at issue: social security numbers, driver's license or resident identification numbers, financial account, credit or debit card numbers, security and access codes or passwords that would permit access to medical, financial or other legally protected information. Confidential Information does not include information lawfully acquired by non -management employees about wages, hours or other terms and conditions of employment, if used by them for purposes protected by §7 of the National Labor Relations Act such as joining or forming a union, engaging in collective bargaining, or engaging in other concerted activity for their mutual aid or protection. Under the 2016 Defend Trade Secrets Act (DTSA): (1) no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that: (A) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and, (2) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by order in that proceeding. When terminating employment with the Company for any reason, all Company property including uniforms, ID Cards, keys, computers, cell phones, and any other Confidential or proprietary Company information or property must be returned immediately. Confidentiality obligations apply after separation of employment as permitted by applicable law. If, as a part of employment with the Company, an employee enhances or invents any item or material that relates to Company employment, those items or materials are the property of the Company and remain its property. If there are any questions about this policy, contact Human Resources. Computers, software, voicemail, cell phones, tablets, lockers, desks, etc., provided to employees for use in performance of their jobs, are the sole property of the Company. As such, employees have no right of privacy in anything they create, store, send or receive using the Company's computers, phones or other equipment or resources. There is also no expectation of privacy related to the Company provided lockers, desks, mailboxes, etc. The Company has the right to monitor, search, investigate, and log any and all of its resources provided to employees. The Company has significantly invested in telephone lines, fax machines, photocopiers and other types of business equipment, internet access and software that are vital to keeping our operations flowing smoothly and effectively. The Company's resources are limited and, except as provided in the Electronic Resources policy below, should be used for business transactions with the exception of incidental or limited personal use during non -working time. Electronic Resources This policy describes the Company's general guidelines for using its electronic resources, including electronic mail (email), voicemail, internet access and computer systems. Employees should use the Company's electronic resources with the understanding that these resources are provided for the benefit of the Company's business. Employees may use company electronic resources, including email, for personal use, during nonworking time, as long as such use complies with company rules and applicable laws. Employees should never use the Company's electronic resources for personal use in a manner that interferes with their work duties or any responsibilities to customers. Sending, saving, accessing, or viewing obscene or similarly offensive material on the Company's electronic resources is prohibited. Messages stored and/or transmitted by the Company's electronic resources, including the computer, voicemail, email, or the telephone system, must not contain content that may reasonably be considered to be obscene or other patently material. Prohibited material includes, but is not limited to, sexual comments, jokes or images, racial slurs, gender - specific comments, or any comments, jokes or images that would discriminate against or harass someone on the basis of his or her race, color, sex, age, national origin or ancestry, disability, or any other category protected by federal, state or local law. Likewise, any use of the internet, email, or any other electronic resource to engage in harassment or discrimination prohibited by Company policies is unlawful and strictly prohibited. The Company Property Policy in this Handbook, including the Confidentiality provisions of this Policy, apply to electronic information. Additional guidelines for use of the Company's electronic resources include: • You should not disclose, or post images or video of, any of the Company's trade secrets or confidential information. Trade secrets may include information regarding the development of systems, business processes, products, know-how and technology. Confidential information may include nonpublic information regarding the Company's business methods and plans, databases, systems, technology, intellectual property, know- how, marketing plans, business development, products, services, research, development, inventions, financial statements, financial projections, financing methods, pricing strategies, customer sources, employee health/medical records, system designs, customer lists, methods of competing and training materials and workbooks. • You may use the Company's electronic resources for non -business purposes as long as that activity takes place only during nonworking time, does not interfere with your co - worker's job responsibilities, and complies fully with all Company policies. Such non - business use is subject to all Company policies. • Visiting internet sites that are pornographic or promote gambling • Encrypting files using software not provided by the Company • Using another person's login and password for any reason • Streaming music and videos • During working time, you should not visit a blog or chat room except for legitimate business purposes. • Employees may not use their Company email address to register for any external social media account or site. • You may not use the Company's electronic systems for any illegal purpose. • Respect the intellectual property (IP) rights of the Company and others. You should not use, copy, publish or post the Company's or someone else's IP unless you have the legal right to do so. Examples of IP include trademarks, written articles, merchandise information and music. The Company cannot and will not provide employees with legal advice about intellectual property laws, unless the inquiry relates to the Company's own business interests. Solicitation The Company's electronic resources must not be used for solicitation purposes during working time. The Company's Solicitation and Distribution of Literature policy applies to the use of electronic resources. Software Code of Ethics Employees may not duplicate any licenses, software or related documentation for use either on the Company's premises or elsewhere unless the Company is expressly authorized to do so by agreement with the licenser. Unauthorized duplication of software may subject users and/or the Company to both civil and criminal penalties under the United States Copyright Act. Employees may not give software to any outsiders including contractors, customers or others. Employees may use software on local area networks or on multiple machines only in accordance with applicable license agreements. Employees may not download software from the internet and install it on their computers. The Company reserves the right to audit any company computer to determine what software is installed on the local drive(s). Employee Responsibility Each employee is responsible for the content of all text, audio or images that they place or send using the Company's electronic resources. The same standards should be utilized for the creation of email messages in connection with an employee's work as would be utilized for other company correspondence or memoranda. Computer and Systems Security All computers and the data stored on them are, and remain at all times, the property of the Company. As such, all messages created, sent or retrieved over the internet or the Company's electronic mail systems are the property of the Company, and should be considered company information. The Company reserves the right to retrieve and read any message composed, sent or received using the Company's electronic resources, including all computer equipment and the electronic mail system, for any business reason, including but not limited to, ensuring compliance with this and all company policies. Employees shall have no expectation of privacy and the Company reserves the right to monitor and audit the operation of the email, internet and other electronic systems to access and periodically review any or all the records within them, and to retain or dispose of those records, as it deems necessary, without notice to the user. Anyone using any system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of illegal activity, the Company may provide the evidence to law enforcement officials. Employees should be aware that even when a message is deleted or erased, it is still possible to recreate the message; therefore, ultimate privacy of a message cannot be ensured to anyone. Accordingly, internet and email messages are not private. Employees should also be aware that duplicates of email transmitted through a personal, web -based email account using company equipment could be stored on that equipment; likewise, information regarding internet sites that an employee has accessed may also be stored. Email Content Screening The Company maintains the right to screen all inbound and outbound email content. Email messages or attachments that contain obscene or similarly offensive material may be quarantined and held from transmission or receipt until the sender or recipient can verify the message or attached document is work related. The Company may, in its discretion, review communications to and from a personal account, subject to state laws regarding attorney -client communications. If an employee wants to communicate with an attorney or send an otherwise confidential piece of communication that he or she does not want the Company to monitor, the employee should consider using a personal email address and personal computer equipment. If an employee does use company equipment, he or she consents to any monitoring by the Company and should understand that he or she has no right to privacy with respect to such communications, to the extent permissible under applicable law. Virus Protection To prevent computer viruses from being transmitted through the system, employees are not authorized to download any software from the internet onto their computer or any drive in that computer. Passwords Employees must select confidential password(s) and manage them in accordance with the Company's Password Guidelines to use with your system account(s) and are responsible for all actions associated with your accounts and passwords. Do not share your account information and passwords with others. If you believe that your password has been compromised, you must immediately notify the IT Service Desk. Should an employee gain knowledge of a breach in security of any kind, the employee shall immediately notify his or her manager. Employees shall take all appropriate action, whether by instruction, agreement, or otherwise, to ensure the protection, confidentiality, and security of confidential information. Violations of this policy may result in discipline, up to and including termination of employment. If you have any questions about this Policy, consult your manager or contact the Human Resources department. Employees should also refer to the Company's intranet for the complete and current version of the Company's Acceptable Use Policy. To ensure that the Company communicates with the media in a consistent, timely and professional manner about matters related to the Company, you must notify the Manager that you have been contacted by the media whenever you are asked to speak on behalf of the Company so that the Company knows that a media inquiry has been made. Do not respond to media inquiries on the Company's behalf without authorization. This policy does not prevent you from speaking with the media, but you must not attempt to speak on behalf of the Company unless you have specifically been authorized to do so by an officer of the Company. Contact Company Communications by emailing fgaecommunications firstgroup.com, or dialing 513.362.4600. So that the Company can handle requests for job references in a consistent, fair and lawful manner, all requests for official job references on behalf of the Company should be forwarded to the HR Department. No other manager is authorized to release references on the Company's behalf for current or former employees. Our policy concerning references for former employees is to disclose only an employee's name, employment dates and job title. No other information regarding a current or former employee will be provided unless the individual first provides written authorization. Employment and salary information for creditors, lenders, etc. must be obtained from the TALX System via The Work Number. The Work Number can be accessed at: wwwahew�rknumber.com or by dialing 1.800.367.5690. The First America Employer Code is: 12987. Fleet cars or other vehicles may be available at some Company locations and/or provided by the Client. These may be used, on an as -needed basis, for Company business (only if approved in advance by the appropriate manager and the employee is properly licensed to drive). The employee is responsible for any traffic ticket or citation received while operating or in possession of a Company vehicle. Any related fines not promptly paid may be deducted from the employee's paycheck, in accordance with applicable laws. Company cars are only to be driven by the assigned employee. An employee's spouse, children, or unauthorized coworkers are not permitted to drive or be a passenger in the Company/Client's vehicles without prior authorization. Employees are prohibited from soliciting or giving gifts, gratuities, or any other personal benefit or favor from or to suppliers, potential suppliers or customers. Employees should avoid any material financial interest in suppliers, competitors, or customers of the Company that could influence their decisions or actions. Reference the employee portal or see your manager for details regarding the Gifts and Hospitality policy. Employees with questions may contact the Ethics & Compliance Hotline at Compliance@firstgroup.com or call the Ethics and Compliance Hotline number at 1.877.3CALLFG (1.877.322.5534). Employees issued a company credit card are responsible for ensuring: • Your expenses are appropriate and consistent with business need • You understand and comply with the Travel and Expenses Policy • You choose the most cost-effective routes and timings to meet business need • Your expense claims are accurate and supported by appropriate receipts • You follow any additional local procedure or controls which have been put in place in your business area Any abuse of FirstGroup's Travel and Expenses policy will not be tolerated. FirstGroup will take disciplinary action where appropriate and may treat a breach of this policy as gross misconduct, which may result in termination. Theft or misappropriation of company assets may result in the Company contacting law enforcement. Reference the employee portal or see your manager for details regarding the Travel and Expenses policy. The Company respects each employee's right to engage in activities outside of employment such as those that are of a personal or private nature, to the extent that such activities do not create a conflict of interest as described in the Conflicts of Interest policy or adversely affect the employee's ability to perform his or her job. An example of an activity that might adversely impact an employee's ability to perform his or her job duties is outside employment. First Transit full-time employees shall treat their employment with First Transit as their primary employment. While the Company does not prohibit employees from holding other jobs, the guidelines set out in this policy must be followed. If circumstances require an employee to work a second job, or pursue his or her own business, prior written approval shall be sought from the employee's manager to ensure that Company operations will not be adversely impacted. Working for any competitor of the Company must be reported to management immediately. Under many circumstances it is unacceptable and may lead to immediate termination. Other employment, including self-employment, even if not directly competitive with Company operations, may also adversely impact an employee's ability and dedication to their primary work duties with the Company. This is especially true in the case of Operators whose work and driving hours are restricted by DOT regulations. The following types of outside employment are prohibited: • Employment that conflicts with the employee's work schedule, duties and responsibilities or creates an actual conflict of interest; • Employment that impairs or has a detrimental effect on the employee's work performance with the Company; • Employment that requires employees to conduct work or related activities during working times or using any of the Company's tools, materials or equipment. For the purposes of this policy, self-employment is considered outside employment. The Company will not assume any responsibility for employees' outside employment. Specifically, the Company will not provide workers' compensation coverage or any other benefit for injuries occurring from, or arising out of, such outside employment. If an employee's outside employment adversely affects his or her performance on the job or makes it impossible for him or her to carry out any or all of his or her job duties while at work, appropriate disciplinary action up to and including termination of employment may be appropriate. In addition, failure to comply with the notification procedures set out in this policy may result in disciplinary action up to and including termination. A. Employee Requirement to Meet Company Standards The Company recognizes the importance of maintaining a safe, secure workplace with employees who are qualified, reliable, and nonviolent, and who do not present a risk of serious harm to their coworkers or others. To promote these concerns and interests, the Company reserves the right to investigate an individual's prior employment history, personal references, and educational background, as well as other relevant information. Consistent with legal or contractual requirements, the Company also reserves the right to obtain and to review an applicant's or an employee's criminal conviction record, and related information, and to use such information when making employment decisions, but only to the extent permissible under applicable law. A pending criminal matter may be considered in appropriate circumstances for business -related reasons, consistent with applicable law. All background checks will be conducted in strict conformity with the federal Fair Credit Reporting Act (FCRA), applicable state fair credit reporting laws, and state and federal anti -discrimination and privacy laws. The Company is an equal opportunity employer and will comply with applicable federal, state and local laws relating to the use of background checks for employment purposes. Qualifications may be periodically reverified through background checks or Motor Vehicle Record (MVR) checks or at the Company's discretion to the extent permitted by applicable law. Employees may be required to undergo examinations and tests selected by the Company to determine mental and physical fitness for duty and compliance with Company policy. This includes, but is not limited to, testing required pursuant to US Department of Transportation (DOT) regulations and First Transit's Drug & Alcohol Testing Policy. The Company will consider the facts surrounding an arrest, a criminal complaint, an indictment, criminal information, or any other criminal charge or conviction of an employee as a basis for disciplinary action to the extent permitted by applicable law. Employees are required to report any arrests, indictments or convictions to their immediate manager or Human Resources immediately, but no later than prior to the next scheduled work shift, to the extent permitted by applicable law. If the circumstances and the offense charged, in our judgment, present a potential risk to the safety and/or security of our customers, employees, premises and/or property, such events may result in disciplinary or other appropriate action to the extent permitted by applicable law. NOTE: This does not apply where it conflicts with State law. Operators and safety sensitive employees are required to report all Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) related charges, vehicular collisions, and any moving violation citations received in any vehicle immediately if possible, but no later than prior to their next scheduled work shift, consistent with applicable law. The Company operates in many communities across North America. Some operations related requirements may be specific to your operating location, while other requirements are based on Company policy, State or Federal law and Municipal/local laws. Please ask your manager if you have questions about local operating requirements. 101 we] i i 1 ' i' A workplace where employees are treated with respect and one that is responsive to their concerns is important to each of us. This kind of trust is fundamental to the relationship the Company seeks to have with its employees. We recognize that employees may have suggestions for improving our workplace, as well as complaints about the workplace. We feel that the most satisfactory solution to a job -related problem or concern is usually reached through a prompt discussion with an employee's manager. If the matter cannot be resolved with one's immediate manager, the employee may speak with their department or manager who will attempt to facilitate a solution. If an employee is unable to resolve the matter through the management chain of command in the department or location, the employee may choose to speak directly to anyone in division management or Human Resources. First Transit's Open -Door Policy also allows employees to voice their concerns anonymously. If you would like to submit an anonymous concern, please contact the Ethics and Compliance Toll -free Hotline at 1.877.3CALLFG, (1.877.322.5534), contacting the Hotline intake site at ethicsfirst.ethicspoint.com, or emailing Compliance@firstgroup.com This Open -Door Policy shall apply to every employee not covered by a collective bargaining agreement. It also extends to contractors and subcontractors. While we provide employees with this opportunity to communicate their views, please understand that not every complaint can be resolved to the employee's satisfaction. Even so, we believe that open communication is essential to a successful work environment and all employees should feel free to raise issues of concern without fear of reprisal. In situations involving discrimination or harassment employees should follow the Complaint Procedure set out in Section - Discrimination, Harassment and Retaliation Reporting Procedure — of this handbook without fear of reprisal and should not follow this Open -Door Policy complaint process. In situations involving Safety, Security, Fraud, or Theft an employee should immediately contact any level of management or Human Resources directly, without fear of reprisal, and without the need to follow this Open -Door Policy complaint process. This may be done in person, by direct contact, phone call, letter, or email message or by utilizing the Ethics and Compliance Hotline. The Ethics and Compliance Hotline can be reached by calling 1.877.3CALLFG, (1.877.322.5534) or emailing Compliance@firstgroup.com. In these situations, an employee may bypass the chain of command that begins with his or her manager. Other Things You Should Know Retaliation for using this Open -Door Policy is strictly prohibited and will not be tolerated, regardless of the outcome of the complaint. In other words, employees are protected for speaking up in good faith under this Policy. Any manager, or co-worker who retaliates against a complaining employee or anyone involved in an investigation of a complaint will be subject to discipline and/or termination. Some examples of what may constitute retaliation may include: unwarranted discipline, consistently assigning undesirable work or schedules, busywork designed to humiliate, denying a promotion or benefits, or condoning practical jokes or acts of harassment by others. Such complaints or investigations into them will remain confidential to the extent possible and permitted by law. For instance, the Company may need to disclose certain information to investigate a matter and disclose corrective measures taken. If an employee believes he or she did not receive fair treatment from their manager in the location or department chain of command under the Open -Door Policy, they should feel free to approach anyone in management or Human Resources at any time or contact the Ethics and Compliance Hotline. It is best practice to establish an Accident Review Committee (ARC) to provide Operators and others charged with a preventable collision with a forum to appeal the Company's determination of collision preventability. The Company makes the initial determination of preventability. The ARC does not determine discipline, but the appropriate discipline will be based on the preventability affirmed or rejected by the ARC. The general guidelines of the ARC process are set forth here, and some detail may vary from location to location, with the objective that an employee shall be provided with a fair and unbiased review of his or her collision. An employee's appeal to the ARC, of the determination that a collision was preventable, must be filed within seven calendar days of the date the employee received notice of the Company's initial preventability determination. The ARC meets periodically as necessary to resolve appeals. However, in the case of an appeal of a Company determination that resulted in termination, the ARC will convene no later than ten calendar days following the date of the appeal. Local conditions may vary, however, generally the ARC is made up of five individuals — two hourly employees, two managers, and one neutral person. The ARC selects a Chairperson who will maintain order in the hearing and tally the ballots. The employee who has appealed the collision case to the ARC must be present to present the case and answer questions. When the facts have been presented, the ARC will render a timely decision following the presentation of evidence and testimony. In rendering its decision, the ARC will rely on the facts presented at the hearing and is not empowered to alter or change established Company policy, including safety or operational rules. The Chairperson counts the ballots and announces the decision of the ARC. The decision of the ARC will be final and binding and is limited to determining the preventability of the collision in question. ■ 7" � ,..:. _ y To ensure unbiased treatment of all employees and to avoid the appearance of conflicts of interest in certain employment situations, the Company has adopted a policy with respect to the written disclosure and prior approval of the employment of relatives. A relative is defined as: a spouse or significant other, son, daughter, father, mother, brother, sister, grandparent, grandchild, son or daughter-in-law, parent -in-law, nephew, niece, uncle, or aunt, or any person who legally acts in one of the above capacities, or who is a legal step or half-blood relative, or a family member who permanently resides with the employee. The following are examples of relationships that must be disclosed on a Conflict of Interest form for further review and approval or disapproval by the Conflict of Interest Committee: • Directly or indirectly supervising a relative; • Being in a position that may influence the hiring, promotion, salary, or other terms and conditions of a relative; • Being in a position that may influence contracts, retention or other vender relationships with a company or entity controlled by or providing benefit to a relative. In addition, the employment of a relative of an officer of the Company must be approved by the Conflict of Interest Committee. To the extent possible, a family relationship with a prospective employee must be disclosed by the current employee prior to hire, or as soon as the situation is apparent, and re -reviewed on an annual basis. If you have any questions about the placement of relative policy, you should contact the Human Resources or Ethics and Compliance department. The Ethics and Compliance Hotline can be reached by calling 1.877.3CALLFG, (1.877.322.5534) or emailing Compliance@firstgroup.com. Visitors to Company locations, including Company employees "visiting" another location, are to report and sign in at the location. Visitors must be provided with a visitor badge to be worn while on Company property. They should be issued a "Visitor Pass" or "Temporary Pass" as is customary at that location. They are to be escorted while on the Company property and surrender their temporary pass and sign out upon exiting. Visitors must observe and comply with all Safety policies and procedures while on Company property. Under no circumstances may visitors interfere with an employee's work or the business of the Company. TravelH. Employees are responsible for ensuring the most cost-effective routes, timings and travel plans to meet business needs. In addition, they are responsible for confirming their expenses are appropriate and consistent with the needs of the business Expense claims must be accurate and supported by appropriate receipts. For more detailed information see the company's Travel and Expenses Policy. In most states, Unemployment Compensation systems are state-controlled and administered. The Company financially supports these systems. Any questions relation to Unemployment Compensation should be directed to your manager. We encourage all employees to vote and be personally active in the political process. However, federal, state/provincial and local laws restrict the use of Company assets in connection with federal, state/provincial and local elections. Employees may not make, directly or indirectly, any political contribution on an expense account. The cost of fund-raising tickets for political functions is considered a political contribution. Therefore, including the cost of any such fund-raising function on an expense report, even if business is discussed, is prohibited. Under no circumstances are local petty cash, draft account, or other funds to be used for contributions to federal, state/provincial or local political campaigns. All requests for political contributions or Company resources that will be used towards political contributions, including use of Company vehicles, property, resources, and personnel time, should be directed to the Legal Department or Ethics and Compliance Line for consideration and resolution. The Company has a specific policy for all political donations which must be strictly followed. Use of employee working time in a political campaign may also be considered the equivalent of a contribution by the Company. It is imperative that any political activity that could be considered a Company sponsorship be disclosed to the Ethics and Compliance and approved by General Counsel. The Ethics and Compliance Hotline can be reached by calling 1.877.3CALLFG, (1.877.322.5534) or emailing Compliance@firstgroup.com. A. Class 1 Infractions Dischargeable Offenses Employees are expected to conform to common and acceptable standards of behavior and performance, as well as written policies. This Handbook is not intended to provide rigid discipline guidelines on management or the employee when discipline is warranted. Expectations and infractions for Operators and Safety Sensitive employees are discussed in more detail in Section 10H and 101. If employees have any questions regarding Company policies or procedures, they should speak to their manager. Listed below are some of the Most Serious Offenses and Unacceptable Behaviors that may result in further disciplinary actions, up to and including termination on the first offense. This is listed is not all-inclusive and may change at any time. Convictions and Imprisonment — Conviction of: • DUI or DWI (in accordance with State and/or local law restrictions) • Other criminal convictions (felony or misdemeanor) involving child abuse, neglect or endangerment; related in any way to possession, manufacture, cultivation, use or distribution of illegal substances; allowing Company locations to be used for the purpose of the commission of these offenses or having unlawful possession of associated paraphernalia; unlawful use or possession of any offensive weapon or other article capable of being converted to or used as such a weapon; act of violence against the person or serious criminal damage to property; any offense of a sexual or indecent nature including the unlawful possession of publications and images, the downloading of such images or the managing and accessing of any website containing unlawful sexual content; and any offense involving the unlicensed possession of, alteration to, sale or disposal of any firearm. When an employee is charged with a moving violation, criminal charge or other crime that conflicts with the company employment standards, the employee will be placed on an unpaid administrative leave of absence until resolved. If the employee charge is not resolved by the end of the unpaid leave of absence, the employee can be subject to further disciplinary actions up to and including termination from the company. The employee's conviction record, the seriousness of the crime and its job relatedness all weigh in towards the final disciplinary decision. Safety — Some safety violations are of such a serious nature that termination is appropriate for the first offense. Some examples include: • Failure to properly secure wheelchairs or other mobility devices • Cell phone use while operating a Company vehicle • Rollaway vehicles due to failure to properly secure a vehicle • Colliding into the rear -end of another vehicle or stationary object • Striking a Pedestrian • Hitting an object or another vehicle when moving a vehicle in reverse. On the street, the operator must first call in before backing; if at a Company location the operator must "get out and look" (GOAL) and seek assistance as appropriate • Running a red light or stop sign, or entering a railroad crossing when the lights are flashing, or the crossing arm is down or descending • Failure to perform proper lock out/tag out procedures, or ignoring or removing a lock, tag, or signage without specific authorization • Smoking in hazardous areas • Violation of any safety policy or practice, or violation of operating policies or procedures that could put an employee or others in imminent danger or could result in bodily injury or damage to Company property, including but not limited to improper seatbelt usage Drugs and Alcohol • Any violation of the Company Drug & Alcohol policy • Possession, consumption, distribution, purchase, or sale, of alcohol or controlled substances, or drug paraphernalia while at a Company location or in a Company vehicle, while on duty, or while representing the Company • Use of alcohol or controlled substances, absent a valid prescription, while at a Company location, in a Company vehicle, while on duty, or while representing the Company • Entering Company property or working on behalf of First Transit while under the influence of either drugs or alcohol • Refusal to take a drug or alcohol test Dishonesty • Falsification of any records, such as employment applications, medical forms, workers' compensation claims, work orders, parts requests, or giving knowingly or maliciously false testimony in a work -related investigation or proceeding • Falsification of time card or time record; punching or recording another employee's time card or record; permitting another employee to punch one's own time card or record one's time on a time sheet, or in any way tampering with your own or another person's time card or time record • Moonlighting or working at another job, without permission, while on leave of absence from the Company or that adversely impacts Hours of Service regulations consistent with applicable law • Making or publishing knowingly false statements concerning employees of the Company or the Company's products or services Stealing / Theft • Stealing from the Company, other employees, passengers or customers, regardless of the amount • Unauthorized removal of any vehicle or equipment of the Company, client, another employee or customer without permission • Theft, embezzlement, removal of Company assets or acting as an accessory to theft or embezzlement of property, merchandise or money belonging to clients, co-workers or the Company; Failure to account for Company or system funds that may come into an employee's possession • Obtaining fuel, parts, maintenance, or repairs for employee vehicles from any Company operating location or its employees while those employees are on duty • Conducting activities not related to work during paid working time as that term is defined in the Solicitation and Distribution of Literature policy; using Company property, vehicles or equipment for any illegal activity Unauthorized Use or Removal of Company / Client Property or Vehicle • Removing or disposing of Company or client materials, equipment, communication systems, tools, or supplies without prior authorization • Violation of the Company Property policy contained in this Handbook, including but not limited to the disclosure of Company "Confidential Information" • Failure to comply with Company policies concerning the use of email, the Internet, virus protection, data security, and software or license compliance • Unauthorized use of any Company or client vehicle, materials, supplies or equipment. • Repair or maintenance of any -type of non -work vehicle on company property • Tampering with farebox funds Violence / Fighting / Threats • Possession of weapons, firearms, or explosives at a Company location or in a Company vehicle • Terrorist threats or acts of terrorism against the Company, client, passengers, other employees or the public • Provoking a physical fight or engaging in physical fighting during working hours or on premises owned or occupied by the Company, or while in a Company uniform • Using abusive, violent, threatening or vulgar language at any time during working hours or while on premises or property owned or occupied by the Company Harassment • Violation of the Company's Equal Employment Opportunity or Harassment Free Workplace policy • Sexual or other unlawful or unwelcome sexual advances Insubordination • Insubordination including improper conduct toward a manager or refusal or failure to perform any job or work assignment given by a manager • Refusing to work split shifts, split weeks, or overtime without reasons acceptable to the manager • Instigating, counseling others to or taking part in an unlawful work stoppage or slowdown • Failure to return from leave • Relieving the "call of nature" on or near Company property or equipment Security • Violation of Company security procedures • Giving your Company ID, pass, badge or other Company identification to another person or using another person's Company ID, pass, badge or other Company identification to enter Company locations or restricted areas • Permitting or granting unauthorized access to non -employees without concern or regard of the Visitors policy and/or guidelines Duty to Report • Failure to immediately report any accident, incident, or unsafe act, no matter how slight, that may, or may not have, resulted in property damage or bodily injury, incurred while driving a Company vehicle • Failure to immediately report any charge, arrest, indictment, or conviction for any type of crime: misdemeanor, felony, or any sexually -related offense • Failure to immediately report any citation or conviction of a moving traffic violation incurred while driving a Company vehicle • Failure to immediately report any citation or conviction of driving under the influence (DUI or DWI), reckless driving, or hit-and-run driving whether on or off the job, in all vehicles • Failure to report, before the next work shift, any moving traffic violations, or citations received for accidents, in all vehicles • Failure to immediately report any incident in which the employee is involved, either on -duty or off -duty, that may affect the employee's license or fitness to perform Company duties and responsibilities (If off duty, before the next work shift) • Failure to report any charge, arrest, indictment, incarceration, or conviction for any type of crime: felony, misdemeanor, or sexually -related offense Sleeping on the Job • Sleeping, dozing, or giving the appearance of sleeping, during on -duty work time Destruction of Property • Damage or destruction of Company assets, Company property (especially computers), client, or another employee's personal property Failure to Return to Work • Failure to return to work on the date scheduled for return to work without prior authorization or approval from management Leaving Bus or Passengers • Leaving a bus unattended and unsecured • Leaving a bus unattended with a passenger • Leaving a mobility -impaired or limited -capacity (physical or mental) passenger at a destination unattended Failure to Follow Sleeping Passenger Rules • Leaving a bus with a sleeping passenger on board It r_M.' i These infractions are considered serious violations of the First Transit performance code. Engaging in any of the conduct or activity below will subject an employee to suspension and final warning for the first offense in a rolling 12-month period. Two safety -related violations in 12 months or three in 36 months will result in termination. Reporting for Duty / Absenteeism • Abusing or misusing sick leave (note: for employee's subject to mandatory paid sick leave laws, the provisions of the applicable policy govern sick leave issues); • Exchanging work assignments (trade) without proper authority • Stopping work prior to the end of any shift without management's permission. • Excessive absenteeism, tardiness, starting work late after on the clock, or a pattern of unexcused absences unless otherwise permitted by law; • Reporting for work in an unfit condition • Failing to obtain permission to leave work during normal working hours; Operators in service must contact Dispatch to arrange for nonscheduled breaks Personal Conduct • Discourteous or inappropriate attitude or behavior to passengers or other members of the public • Using abusive or vulgar language at any time during working hours or while on premises owned or occupied by the Company; • Gambling in the workplace • Smoking in a non -designated smoking area and/or smoking while not on an authorized break Personal Protective Equipment (PPE) and High Visibility Apparel • Failure to comply with PPE directives • Failure to wear a High Visibility Safety Vest, Reflective Safety Vest, or Company issued High Visibility Uniform Shirt according to Company policies • Failure to wear Safety Glasses in compliance with PPE directives • Failure to wear Company Assigned Shoe Grips when directed to do so • Violation of vehicle operating regulations • Failure to observe safety, sanitation, or disciplinary policies of the client or Company, or laws and regulations of local, State, or federal governments • Failure to comply with the Risk Assessment policy • Working more than an employee's regularly scheduled hours without advance approval of the Company • Failure to operate a Company vehicle according to assigned route or timetable • Failure to work as directed • Failure of any Operator, Safety Sensitive Employee or employee required to be licensed for driving, to renew and maintain a valid, appropriate driver's license with required endorsements and a medical certificate for driving a Company vehicle • Using personal equipment to photograph or tape record for nonbusiness purposes during working times or in working areas • Failure to wait for connections or passing up passengers • Transport of unauthorized persons Security • Attempting to enter, entering or assisting any person to enter, or attempt to enter a Company location or restricted areas without proper authority These infractions are considered secondary violations of the First Transit performance code. An intelligent and conscientious observance of all policies and regulations is necessary to deserve and maintain the support of the public and build a good record. The first offense in a rolling 12-month period may result in a written warning, the second a final warning and a third offense may lead to termination. For safety violations, a rolling 36- month period is used. Noncompliance with Information Reporting Policies • Failure to report defective equipment • Failure to report a safety hazard • Failure to procure necessary information for the report or submitting an inaccurate or incomplete accident report Selling Goods or Services, and Soliciting and Distribution of Literature • Selling or offering for sale any goods or services to other employees, patrons, or visitors to a Company location or Company vehicle, except on the authorized bulletin board in the employee lounge area • Soliciting other employees for any purpose or distributing literature to them while you are on duty and working. Employees may not solicit other employees who are working or distribute literature to them. Distribution of material in work areas is prohibited at all times • Posting, circulating or distributing written or printed material during working times and in working areas Work Rules • Failure to adhere to the Company Reverse Parking policy for Company vehicles and personal vehicles • Use of a Company -owned radio or cell phone for non -Company business during working time • Using smokeless tobacco while riding in or driving a Company vehicle, or outside the designated smoking area • Failure of any Operator to have in his or her possession a valid, appropriate driver's license with required endorsements and a medical certificate while driving a Company vehicle • Failure to give satisfactory information to passengers � t i These infractions are considered lesser violations of the First Transit performance code that may result in disciplinary action depending on the circumstances or repeated violations. The first and second offense in a rolling 12-month period may result in a written warning, the third a final warning and a fourth offense may lead to termination. For safety violations, a rolling 36-month period is used. Uniforms and Personal Appearance • Failure to comply with the dress code, uniform policy, cleanliness, personal hygiene, personal grooming habits, or other requirements established by the client or Company • Reporting for duty in an improper uniform, presenting an untidy, unkept or dirty appearance of person or uniform, or improperly displaying uniform articles, Company emblem, or authorized pins and badges Work Rules • Parking a personal vehicle in a restricted area at a Company location • Neglect of job duties and responsibilities, or lack of application or effort on the job • Incompetence or failure to meet reasonable standards of efficiency or effectiveness Administrative • Failure to provide First Transit with a current address or telephone number • Failure to inform First Transit of changes in status of dependents for insurance coverage • Littering the employee lounge area, restrooms, or any other company property • Failure to read notices and bulletins and not making an effort to stay informed Whenever an employee is subject to discipline, the employee's work record, including violations occurring in the relevant time period, is reviewed before determining penalty. Penalties for violations of multiple rules of the same class, occurring during the same time period, will be addressed at the discretion of management. Equivalencies for Same Class of Infraction *Within 12 months of first offense, 36 months for safety Multiple Written Warnings or Suspensions The previous section relates to repeated occurrences of the same class of infractions. This section outlines appropriate discipline when an employee receives a multiple number of written warnings or suspensions for different classes of infractions. • Written Warning o Third written warning within 12 months — An infraction that would result in a third written warning within 12 months will result in a suspension from work and a final written warning o Fourth written warning within 12 months — An infraction that would result in a fourth written warning within 12 months will be cause to terminate the employee • Suspensions o Second suspension — An employee receiving a second suspension within 12 months for different infractions will receive a final written warning. Future suspensions, for any reason, will be cause to terminate the employee o Third suspension — A third suspension within 12 months for different infractions issued to an employee will be cause to terminate the employee NOTE: All Sections of the Handbook apply to Operators and Safety Sensitive Employees. Section 10 is intended to focus attention on issues of special importance to this group. First Transit provides essential services to our passengers. Many of our passengers rely solely on us for their transportation needs, giving them the ability to commute to work, receive vital health care services, attend medical appointments, and provide for many other basic human needs. First Transit and its employees take this responsibility very seriously and our employees are expected to act with integrity, professionalism and above all safety. This Section addresses matters of significant importance to Operators and Safety Sensitive Employees. (In this Section, they are collectively referred to as "Employees".) The term "Operator" includes all transit drivers whether or not they hold a Commercial Driver's License (CDL). Certain passenger vehicle Operators must qualify under Federal and State licensing standards and receive additional training. The following information is not intended to be all-inclusive of the operating standards you are expected to meet. Many standards and expectations are stated here in summary form extracted from the training and licensing Employees have received. As a trained professional, regardless of your specific position, you are expected to perform to those standards set by the Company and communicated during Company -provided training. Further, you are held to performance standards established by and relevant to your license, certification, or profession. Employees must have all required credentials, license, medical card, etc. in their possession at all times while on duty. If you have questions, it is your responsibility to seek further information from your manager. Additional detailed information is contained in the First Transit System Safety and Security Plan (SSSP) available at each Company location and on the Company intranet. Dispatch will assign a bus to each Operator prior to the time of pullout. Operators must use the vehicle assigned to them unless there is a valid safety defect and the change is authorized by the Company. Operators are to use three-point contact when entering or exiting the vehicle. Utilizing hand rails and ensuring proper foot placement on each step to avoid an injury. Before exiting the vehicle, the operator is to stop at the last step and survey their path to avoid tripping. The Operator must ensure that all passenger stops are made safely without incurring damage to the bus, or causing injury or discomfort to passengers or the public. Operators are not to depart the bus stop until all passengers are seated or in a fixed standing position holding on to a stanchion or strap. When stopping, Operators must ensure that entrance and exit doors are positioned to assure the safety of passengers. Passenger doors are not to be activated until the bus has come to a complete stop. Passenger doors are not to be deactivated (and interlock released) until the Operator checks both outside mirrors and rear door mirror. Operator Responsibility to Maintain Schedules Operators are responsible for maintaining their schedules strictly within posted traffic controls and road and traffic conditions. It is necessary to notify Dispatch immediately whenever the bus is behind schedule by five minutes or more unless local policy dictates a different amount of time. Intentional delay of schedule will result in disciplinary action. Every effort should be made to maintain speeds consistent with posted limits and road conditions between stops to operate smoothly and safely. Running ahead of schedule (i.e., running hot) is not acceptable. Operators must be aware of and adhere to local protocols for transfer connections, breakdowns, marked bus zones, posted bus stops, and stopping in obstructed areas. They are also to be aware of rules concerning leaving a bus unattended at the end of the line, proper use of four-way flashers, railroad crossings, stopping for school buses, funeral processions, driving over fire hoses, and handling lost and found articles. Animals are not permitted on buses except Seeing Eye dogs and service animals. -i . All accidents and collisions must be reported to Dispatch immediately upon occurrence. When reporting to Dispatch, the Operator must state that he or she is reporting an accident and then answer any questions asked by Dispatch. Further, accidents, possible claims of accidents, damage to equipment, injury and possible injury must be reported in writing on an Accident Report Form. A complete, accurate Accident Report Form must be submitted on the day of occurrence no later than one hour after completion of shift. Operators will be paid to complete an Accident Report Form. Employees who fail to report an accident may be subject to disciplinary action up to and including termination. Operators must provide transit management with any additional accident information immediately upon request. Operators must not make any statements about an accident to any third party, except for: local authorities, company officials and union representatives, if applicable. Operators must note any vehicle defects that may have contributed to an accident on the Accident Report Form. Reporting Incidents Incidents with passengers involving slips and falls on or near the vehicle, fights, police action, or removal of a passenger, must be reported to Dispatch immediately and require a written report to be completed before going off duty for the workday. All other incidents and occurrences out of the norm, no matter how slight, are to be reported to Dispatch upon return to the yard. If in doubt, err on the side of reporting it. The following are examples of incidents that must be reported: broken or cracked windows from unknown causes, cut seats, delays, passing up passengers, insufficient or excessive running time in schedule, overloads, etc. If in doubt, immediately contact dispatch. Operators Witnessing an Accident Operators must complete an Incident Report when they witness an accident, even though their vehicle is not involved. The report must be submitted upon return to the yard before going off duty for the workday. Required Courtesy Cards In the event of an accident or an incident, Operators must obtain as many Courtesy Cards as possible from passengers and persons in the immediate area of the accident or incident who may have witnessed the event. Operators must start with the passengers in the rear of the bus to obtain their names and politely request that the Courtesy Card be filled out. The Operator should say, "Would you please fill out this card? I am required to obtain these cards from all passengers who were on the bus at the time of the accident or incident." When Courtesy Cards are returned, they are to be carefully checked for legibility. All our passengers are our valued customers. Providing safe transportation services to them is the reason we are in business. The policy of First Transit is to treat our passengers and the public with dignity and respect. The relationship between First Transit employees and passengers must be strictly professional at all times. All interaction with passengers must be free from personal relationships, conversations, or conduct that could be construed as harassment, abuse, or otherwise inappropriate. Prohibited conduct that may result in discipline, up to and including termination, includes but is not limited to: • Sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature • Threats, abuse, coercion, or intimidation of any nature • Use of profane, abusive, or insulting language • Accepting/soliciting or offering any invitations, favors, money of any kind, or gifts in violation of the Gift and Hospitality policy • Discussing your personal life or a passenger's personal life • Meeting or dating a passenger for personal reasons on or off duty • Physical contact that is deemed inappropriate Customer complaints are reviewed to determine validity. When the investigation reveals that a complaint is valid, appropriate action will be taken. State and federal regulations prohibit the operation of transit buses when passengers are forward of the white or yellow line. For the safety of our passengers, all Operators must enforce this regulation. Additional rules to provide for the comfort of our passengers include: prohibition of smoking on buses, no eating or drinking from open containers on buses, no playing loud radios or other audio or video devices, and no loud or disruptive behavior by passengers. Operators are expected to enforce these rules or to seek assistance via Dispatch if passengers do not comply. • • i • ! •11 1111ii,111MYRTU Operators will be held responsible for the proper use of the farebox including deposit by passengers of the proper fare per the training provided by the Company. The Operator must ensure that proper fare media are placed in the appropriate section of the farebox. Improper use or theft of farebox money is grounds for termination. The only fare media accepted are US coins, dollar bills, and approved tokens, and, in certain areas, transfers, tickets, and electronic fare media. Special Fares may be in effect for students, elderly patrons, persons with disabilities, uniformed safety or police officers, and very young children. These fares may require a special ID card. Operators are responsible to confirm the proper ID and contact Dispatch if an issue is unresolved. When a passenger pays a special fare, the Operator must press the appropriate key on the farebox keypad, unless the electronic farebox recognizes the special fare, or record the fare in the appropriate section if a manual fare recording system is in use. The Operator must clear the farebox at the end of each line or trip and before going out of service. The information collected from the fareboxes, or on ridership tracking forms, is used in many reports. It must be collected with as much consistency and accuracy as possible. The Operator must input all pertinent information into the farebox, or on the forms, before pull-out to ensure that passengers are counted properly. Farebox Problems Dispatch is to be notified immediately of any farebox problem that cannot be cleared by the operator that might inhibit the proper collection of fares. Also, farebox defects must be reported on a DVIR. In paratransit operations, if a rider is short the fare, it must be reported for further instruction. Tampering with the Farebox Any form of tampering with the farebox is strictly prohibited and is grounds for termination. Paying Exact Fare Passengers are required to personally deposit the exact fare in the locked farebox, including any applicable transfer charge. An Operator is permitted to make a hand deposit for a disabled passenger unable to deposit his or her own fare. A radio communication system has been installed in many vehicles to provide ongoing communication between Operators and Dispatch to maintain reliable service and to respond quickly in emergency situations. If a vehicle is equipped, operators must be knowledgeable of the material in the SSSP and follow instructions on the use of the radios. Radio use must be kept to a minimum and used only for specific business related or emergency communications. Operators who need to communicate with Dispatch for non -business purposes should use an alternate form of communication. All radio communication systems are under the jurisdiction of, and regulated by, the Federal Communications Commission (FCC). Certain standards of operation are required by federal law. First Transit is committed to providing the highest level of transportation service to the public and our clients. To ensure that individuals with disabilities are afforded the same quality service, First Transit supports the ADA. The ADA provides guarantees in many areas, one of which is public transportation. Under the ADA public transit companies and their employees are required to follow specific guidelines. The guidelines below must be followed: Operators provide the same service to customers with disabilities as they provide to their able- bodied customers. There can be no difference in the service provided. Operators cannot require a person with a disability to travel with an attendant. A customer with a disability can have only one Personal Care Attendant (PCA). In the case of a full vehicle, if only one more person would be allowed to board, the disabled customer must be given the opportunity to ride, even if this means that the PCA would be left behind because there is not enough room for them to ride. In all cases, the person specified by the disabled person as his or her PCA, must get on the vehicle at the same location as the disabled person and they must have the identical destination as the disabled person. No fare is charged for the PCA. • Operators shall not require individuals with disabilities to use designated priority seating if the person does not choose to do so. • Wheelchair lifts and ramps must be cycled every day and records maintained. During the pretrip inspection of the vehicle, if all the required straps and devices are not on board, the operator must contact Dispatch for assistance before pulling from the yard. Operators must report defects and lift failures to Dispatch by the most immediate means available (e.g., radio or telephone). • Whenever a customer with a disability must be delayed in their travel due to failure of the lift (or for any other reason), the Operator must report the situation at once to Dispatch. In all cases, when a disabled person must be "left behind" at a stop for any reason, Dispatch must be notified immediately. Alternate transportation must be provided to the disabled customer if the delay will exceed more than 30 minutes. Operators are required to use all securement devices provided by the manufacturer (including straps, harnesses, clamps, etc.) as they were intended to be used. Customers in wheelchairs must allow the operator to secure the wheelchair or service may be denied. Operators must make every attempt to secure the wheelchair (or other mobility device) to the best of their ability. An operator cannot deny service to the customer due to a wheelchair malfunction in which it cannot be secured. Any instance where a passenger refuses securement of their wheelchair and/or the operator being unable to secure the wheelchair must be reported immediately to dispatch prior to the operator moving the vehicle. • Operators may recommend that customers transfer from their three or four-wheel mobility devices (such as tricycle type wheelchairs) to regular fixed seating in the vehicle. However, the Operator cannot require a disabled customer to move. If the customer chooses to move to fixed seating, the Operator must assist with making the move and the mobility device must be completely secured with tie -downs. • Operators are required to provide assistance to the disabled customer by using the securement devices, repositioning the person's wheelchair, storing a person's walker or crutches, moving to a fixed seat, etc. • Operators must permit customers, if requested, to use the lift or ramp to board and descend from the vehicle whether or not they use a wheelchair. For example, a customer using a walker or a customer with arthritis may find it impossible to negotiate the steps of the vehicle when boarding and descending. Any customers must be given the opportunity to use the lift, if they request it. • Operators should recommend to wheelchair users that they should "back" onto the lift and ride up or down facing away from the side of the vehicle; however, the decision to drive forward or backward onto the lift rests ultimately with the customer in a wheelchair. Consideration should be given to the manufacturer's recommendations which have to do with balance and the center of gravity of the individual in the wheelchair. • The seatbelts and shoulder harness straps must be provided for all customers in wheelchairs. The proper use and condition of belts and straps rests with the operator of the vehicle. Transportation cannot be denied if restraints are missing or inoperative. Operators must announce stop and transfer points on fixed routes. Also, operators are required to announce stops upon the request of a customer with a disability. This action is designed to assist sight -impaired individuals. Operators must announce — outside of the bus — their route number at transfer points and bus stops serviced by other routes to assist sight -impaired customers who find it hard to read a bus destination sign. If a PA system is available Operators are also to announce major intersections, time points, and major destinations. An automated system may be utilized by Operators for these announcements. • Operators are required to use all accessibility -related features provided by the manufacturer of the vehicle; for example, lifts, securement straps, PA systems, annunciators, etc. • Customers with disabilities who have respiratory conditions that require the use of an oxygen bottle or tank must be allowed to bring the tank or bottle on board, provided that the tank or bottle can be secured. • Operators must allow a disabled customer the necessary time it takes to board or descend from the vehicle, without comment. • Operators of Public transport systems must attend training that includes understanding of and sensitivity to the needs of customers with disabilities. Operators must be knowledgeable about a variety of disabilities and must be trained to proficiency. • Operators must permit service animals to board the vehicle with a customer with a disability. The term "service animal" means any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. • Operators must allow customers with disabilities to use all stops that are open to all customers (even if it conflicts with the operator's own best judgment). However, if there is construction or other temporary obstacles at the stop, the Operator may choose an alternative stop. • Whenever there is room on board, a person using a wheelchair must be allowed to board. This often means that an Operator will have to ask customers seated in the securement area to move so that the wheelchair can be secured. • Priority seating areas and wheelchair securement areas must be labeled. • Therefore, it is the responsibility of the Operator to report missing or damaged signs or labels on the vehicle or equipment defect sheet so that they can be replaced or repaired promptly. • Customers in wheelchairs must be able to reach the signal for the "next stop" buzzer or bell. Also, customers in wheelchairs must be able to see the visual sign which tells them that the "next stop" has been requested. Operators may still ask customers using wheelchairs where they want to descend (as a safety measure and for convenience of the disabled customer). Employees are required to notify their manager of any of the following events within the time frame stated. Failure to do so will subject the employee to disciplinary action up to and including termination. Alcohol -Related Traffic Citation or Arrest If an employee is arrested and formally charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) or is found to have excessive blood alcohol content (0.02 BAC or higher), the employee must provide notification of the event to the Company prior to the employee's next work shift. If the situation stems from an on-the-job occurrence the employee must report the situation to his or her manager immediately. An Operator or Safety Sensitive Employee formally charged with any driving violation relating to drugs or alcohol will be placed on administrative suspension without pay until the case is resolved. A conviction (for purposes of this procedure, includes a finding of guilty by a judge or jury, a plea of nolo contendere, no contest, or plea of guilty) will result in termination for a first occurrence. If the matter is reduced with no finding of guilt, the Company will evaluate the matter at the time. Moving Violations Employees have a duty to report to management all traffic citations and convictions (except parking violations) received before the start of the next work shift. Citations received while driving a Company vehicle must be reported immediately. The Federal Motor Carrier Safety Regulations (FMCSR), Sections 49 CFR 383.31 (a), (b), (c), and 383.33, specify notifications. (NOTE: First Transit rules are highlighted in bold type.) • You must notify your employer if your license is suspended, revoked, or canceled or if you are disqualified from operating a Commercial Motor Vehicle (CMV). Do this before the end of the business day following the day you receive notice of the action. First Transit requires notification before your next work shift. • You must notify your employer of all traffic convictions. This includes those in your private automobile as well as a commercial vehicle. Notification must be in writing within thirty days of the conviction. First Transit requires notification of all citations and convictions before your next work shift. Under CDL requirements you must notify your State's Department of License or Department of Motor Vehicles of all out -of -State traffic convictions. Notification must be in writing within 30 days of the conviction. First Transit requires notification of all citations and convictions before your next work shift. The FMCSR in Section 49 CFR 383.51 defines the types of Moving Violations that may jeopardize an employee's CDL. The first classification is "Major Offenses" while operating a CMV or non-CMV that result in a one-year or lifetime disqualification from CDL driving. For First Transit, an employee with one of these offenses will be terminated. These include: • Being under the influence of alcohol as prescribed by State law. • Being under the influence of a controlled substance. • Having a blood alcohol concentration of 0.04 BAC or greater while operating a CMV. • Refusing to take a drug or alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in the FMCSR. • Leaving the scene of an accident. • Using the vehicle to commit a felony, other than a felony described in the last bullet below. • Driving a CMV when, because of prior violations committed while operating a CMV, the driver's CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. • Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. • Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance (lifetime disqualification). The FMCSR further defines "Serious Traffic Violations" (while operating a CMV or while operating a non-CMV if the conviction results in the revocation, cancellation, or suspension of the holder's license or non-CMV driving privileges) that, for the second violation of any combination of offenses listed below within a three-year period, will result in disqualification from CDL driving for 60 days. Further disciplinary action, up to and including termination may result should a driver receive a serious traffic violation as defined by FMCSR. These include: • Speeding excessively, involving any speed of 15 miles per hour or more above the posted speed limit. • Driving recklessly, as defined by State or local law or regulation including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property. • Making improper or erratic traffic lane changes. • Following the vehicle ahead too closely. • Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident. • Driving a CMV without obtaining a CDL. • Driving a CMV without a CDL in the driver's possession. • Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. The FMCSR does not specifically address other lesser levels of moving violations. However, to maintain the highest standards of safety for our passengers, our employees, and the public, First Transit holds its employees accountable for all moving violations, including those defined by the FMCSR as "Major" and "Serious." First Transit reserves the right to set standards higher than the FMCSR. The employee is responsible for any traffic ticket or citation received while operating or in possession of a Company vehicle. Any related fines not promptly paid may be deducted from the employee's paycheck, in accordance with applicable laws. • i .'; i ' w i i i. Although employment may be terminated at -will by either the employee or the Company at any time in accordance with applicable law, without following any formal system of discipline or warning, we may exercise discretion to utilize forms of discipline that are less severe than termination. The Company reserves the right to determine which type of disciplinary action to issue in response to any type of traffic violation or preventable accident, up to and including termination of employment. Although the Company maintains the right to determine what form of disciplinary action to take concerning any type of traffic violation or preventable accident, the company may decide to follow the following forms of discipline for such incidents: Please note that any combination of the violations below that qualifies as "two in 12-months" or "three in 36-months" will result in the appropriate discipline level. By way of example, one moving violation and one preventable within a rolling 12-month period may result in termination, or two moving violations and one preventable within 36 months may result in termination. Moving violations that occurred prior to the employee's employment date are not exempt from this policy. Accidents Any collision that occurs while an Operator is on duty must be reported and will be investigated by Safety to determine preventability or non -preventability. The goal of the investigation is to improve safety and prevent future collisions. Preventability decisions may be appealed to the location's Accident Review Committee. Some safety violations are of such a serious nature that termination is appropriate for the first offense. Some examples include: • Failure to properly secure wheelchairs or other mobility devices • Cell phone use while operating a Company vehicle • Rollaway vehicles due to failure to properly secure a vehicle • Colliding into the rear -end of another vehicle or stationary object • Striking a Pedestrian • Hitting an object or another vehicle when moving a vehicle in reverse. On the street, the operator must first call in before backing; if at a Company location the operator must "get out and look" (GOAL) and seek assistance as appropriate • Running a red light or stop sign, or entering a railroad crossing when the lights are flashing, or the crossing arm is down or descending • Failure to perform proper lock out/tag out procedures, or ignoring or removing a lock, tag, or signage without specific authorization • Smoking in hazardous areas • Violation of any safety policy or practice, or violation of operating policies or procedures that could put an employee or others in imminent danger or could result in bodily injury or damage to Company property First Transit provides both ADA Paratransit services and Non -Emergency Medical Transportation (NEMT) services. These two Demand Response services are often mixed together at a single location and may use similar vehicles. However, NEMT services come with unique regulatory compliance issues and a heightened concerned for potential Fraud, Waste and Abuse. NEMT services help individuals get to needed medical appointments or services. These trips are always medically related and almost always paid for by public healthcare funds like Medicaid or Medicare. Public healthcare funds come with a heavy dose of regulations, documentation requirements and billing restrictions. Why all the rules? Because public funds are our tax dollars at work. It's estimated that healthcare fraud wastes of $60 billion dollars every year. First Transit has policies and procedures in place to help identify and prevent potential Fraud, Waste and Abuse in NEMT services. Client and First Transit are extremely concerned about fraudulent, abusive and inappropriate use of Medicaid covered transportation both on the part of providers and Participants, including: • Transportation of ineligible riders; • Trips to non -covered Medicaid services; • Charges by providers for more miles than the actual trip distance; • Multiple trips where only one is necessary, such as for two round trips when a three-legged trip is appropriate for two appointments on the same day; • Transportation in an ambulance or wheelchair -accessible vehicle when client's medical needs do not warrant such level of transportation; • Billing for trips that never occur; and • Gratuities or other types of inducements to clients or others acting on behalf of clients for any purpose. First Transit's policy prohibiting fraud, waste and abuse applies to all our employees as well as all our business partners. This policy includes the following: • We will not knowingly take any action or failing to take any action that could result in an unauthorized benefit to the First, its employees, its subcontractors, its vendors or to a Participant. • We commit to preventing, detecting, investigating and reporting potential fraud and abuse occurrences, and shall assist Clients and the U.S. Department of Health and Human Services (DHHS) in preventing and prosecuting fraud and abuse in the non -emergency medical transportation program. • We acknowledge that the Office of Inspector General has the authority to impose civil monetary penalties on individuals and entities that submit false and fraudulent claims related to the non - emergency medical transportation program. • We will immediate notes a manager, Compliance, HR, Legal or the Ethics & Compliance Line when potential fraud or abuse by a Participant or a transportation provider exists, including, but not limited to the following situations: o False statements, misrepresentations, concealment, failure to disclose and conversion of benefits; o Any giving or seeking of kickbacks, rebates or similar remuneration; o Charging or receiving reimbursement more than that provided under the relevant Contact; o False statements or misrepresentation made by a provider, subcontractor or Participant to qualify for the non -emergency medical transportation program. First Transit's Healthcare Fraud, Waste and Abuse Policy is one of several policies which support our company's ethical culture. It provides specific guidance regarding the standards which we are required to uphold in connection with detecting, correcting, and preventing fraud, waste, and abuse. A full copy of First Transit's policy may be found on the Employee Portal. Among other things, this policy describes the steps we will take to prevent the occurrence of fraud, waste and abuse and the actions we will take if our standards are not met. Some of First Transit's prevention and detection procedures include: • Pre -trip screenings to verify rider eligibility and verify the trip is to an approved healthcare provider; • Requirement that all individuals providing service, from drivers to office staff, have been screened against the OIG exclusion database prior to providing service and on monthly basis thereafter; • Requiring pre -authorization and unique trip identifiers for trips; • Data analysis to identify fraudulent patterns and trips; • Gate keeping mechanisms to ensure trips are performed by eligible drivers in certified vehicles; • Active management of network providers to ensure trips are performed in compliance with contract requirements. First Transit has zero tolerance for the commission or concealment of acts of fraud, waste or abuse, and such acts will not be tolerated. We also require our business partners to uphold a similar commitment to ethical conduct and assure that they, their employees, and downstream entities who support our business also comply with the guiding principles outlined First Transit's Healthcare Fraud, Waste and Abuse Policy. Employees or contractors are required to report any suspicions or knowledge of fraud, waste or abuse or any activity that may violate any of the laws above. Additionally, employees and contractors must cooperate in all investigation, whether by First Transit or by any governmental agency, as required by law. First Transit is committed to complying with applicable federal and state fraud & abuse laws and with the Deficit Reduction Act of 2005, which requires written policies and procedures to inform employees, contractors and agents about federal and state false claims and whistleblower laws. Below are some of the more prominent fraud and abuse laws. Additional information can be found in First Transit's Healthcare Fraud, Waste and Abuse Policy on the Employee Portal. i _. Federal False Claims Act 31 U.S.C. §§ 3729 - 3733 The federal False Claims Act (FCA) prohibits any person or entity from knowingly submitting, causing to be submitted or presenting a false claim to any federal employee or agency for payment or approval, such as a claim for reimbursement from Medicare or Medicaid. The FCA also prohibits any person or entity from knowingly making or using a false record or statement to obtain approval of a claim for reimbursement. Examples of false claims include: • Billing for services not provided; • Billing for mileage when a patient was not in the vehicle; • Billing for services that are not documented; • Falsifying a driver's qualifications on the driver's record; • Billing for transportation to a non -medical destination, such as a grocery store; • Submitting duplicate claims for the same service; • Inaccurate or incorrect coding of the services provided; • Failing to report overpayments or credit balances; or • Participating in violations of the Anti -Kickback Law. "Knowingly" means a person has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information, or acts in reckless disregard of the truth or falsity of the information. A violation of the FCA does not require proof of a specific intent to defraud. A "claim" includes any request or demand for money or property to the federal government or to a federal contractor, grantee or other recipient, if any portion of the requested money or property is funded by or will be reimbursed by the federal government, such as the Medicaid program. A person or entity that violates the FCA will be subject to the following: Civil monetary penalties ranging from $10,781.00 to $23,563.00 for each false claim submitted; A fine of 3 times the amount of the damages sustained by the federal government; and Exclusion from participation in federal health care programs, such as Medicare and Medicaid. The FCA includes qui tam or whistleblower provisions, which allow any person with actual knowledge of allegedly false claims to file a lawsuit on behalf of the federal government. These persons are referred to in the FCA as "relators." The relator must file his/her lawsuit on behalf of the government in a federal district court. The lawsuit must be filed "under seal," which means that it is kept confidential while the government is reviewing and investigating the allegations in the lawsuit and deciding how to proceed. If the federal government determines that the lawsuit has merit and decides to intervene, the U.S. Department of Justice will handle prosecution of the case. If the government decides not to intervene, the relator can continue with the lawsuit on his/her own. The government may intervene later upon a showing of good cause. Depending on whether the federal government intervenes, or the relator pursues the case on his/her own and if the lawsuit is successful, the relator may receive a percentage of the award or settlement, depending on the relator's contribution to the case. The relator will also be entitled to reimbursement for reasonable expenses, attorney's fees and costs. In a case pursued by the relator without the government, if the court finds the defendant not guilty and the relator's claim frivolous, the court may require the relator to reimburse the defendant's reasonable costs and attorney's fees. If the court finds that the relator planned and initiated the violation upon which the lawsuit is based, the court may reduce the relator's share. If the relator is convicted of criminal conduct, the relator will be dismissed from the lawsuit and will not receive any reward. The FCA protects employees who are involved in a qui tam lawsuit, such as filing a lawsuit, investigating a false claim, providing testimony or assisting with the lawsuit. An employee who has been terminated, demoted, suspended, threatened, harassed or in any way discriminated against by his/her employer because of the employee's involvement in a false claims disclosure will be entitled to all relief necessary to make the employee whole, including: Reinstatement with the same seniority that the employee would have had but for the discrimination; 2 times the amount of back pay plus interest; and Compensation for any special damages sustained because of the discrimination, including litigation costs and reasonable attorney's fees. State False Claims Act Many states have state false claims acts as well. This includes: Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, and Washington. Additional details about these state's false claims acts can be found in First Transit's Healthcare Fraud, Waste and Abuse Policy on the Employee Portal. Federal Anti -Kickback Statute 42 U.S.C. § 1320a-7b The federal Anti -Kickback Statute prohibits any person from knowingly and willfully soliciting, receiving, offering or paying anything of value, directly or indirectly, overtly or covertly, in cash or in kind, to a person or entity in return for furnishing, referring, ordering or recommending any item or service for which payment may be made in whole or in part by a federal health care program, such as Medicare or Medicaid. This is a criminal statute and requires proof of intent for a violation. Violation of the Anti -Kickback Statute is a felony and will subject the violator to the following penalties for each violation: • A fine of up to $25,000; • Imprisonment for up to 5 years; • Administrative civil monetary penalties of up to $50,000; • Exposure to False Claims Act liability for claims submitted; and • Exclusion from participation in federal and state health care programs, such as Medicare and Medicaid. Civil Monetary Penalties Law 42 U.S.C. § 1320a-7a The federal Civil Monetary Penalties Law ("CMPL") imposes additional penalties on any one who knowingly presents a claim to a federal or state officer, employee or agency if: • The claim is for a service that the person knows or should know was not provided as claimed; • The claim is for a service and the person knows or should know that the claim is false or fraudulent; • The claim is for a service provided by a person who was excluded from participating in any federal health care program, such as Medicare or Medicaid, at the time the service was provided; • The claim is for a pattern of services that the person knows or should know are not medically necessary; • The person offers or gives something of value to a Medicare or Medicaid patient that the person knows or should know is likely to induce the patient to order or receive services for which Medicare or Medicaid pays; • The person knows of any overpayment from the Medicare or Medicaid program and does not return the overpayment within the time period required by law; or • The service or arrangement for services violates the federal Anti -Kickback Statute. Penalties under the CMPL range from fines of $10,000 per service to $50,000 per violation of the Anti -Kickback Statute and include exclusion from participating in any federal or state health care program. Administrative Remedies for False Claims 31 U.S.C. §§ 3801-3812 Under this federal law, a federal agency may impose penalties on a person who makes, presents or submits a claim or written statement: • That the person knows or has reason to know is false, fictitious or fraudulent; • That includes or is supported by any written statement asserting a material fact that is false, fictitious or fraudulent or omitting a material fact; or • That is for the provision of property or services that have not been provided. Proof of specific intent to defraud is not necessary for a violation of this law. The penalties for violation of this federal law are a civil penalty of up to $5,000 for each claim or statement and an assessment of twice the amount of the false, fraudulent or fictitious claim. Health Care Fraud Statute 18 U.S.C. § 1347 This federal criminal statute imposes criminal penalties on an individual who knowingly and willfully executes or attempts to execute a scheme to defraud any health care benefit program (not just Medicare or Medicaid) or a scheme to obtain, by means of false or fraudulent pretenses, representations or promises, any money or property owned or controlled by a health care benefit program in connection with the delivery of or payment for health care services. Violation of this law may result in criminal fines and/or the following prison terms: • Up to 10 years for a violation; • Up to 20 years if the violation results in serious bodily injury; or • Any number of years to life if the violation resulted in death. State Fraud & Abuse Laws Many states have state fraud and abuse laws as well. Additional details about these state's false claims acts can be found in First Transit's Healthcare Fraud, Waste and Abuse Policy on the Employee Portal. First Transit is committed to investigating all good faith claims of wrongdoing so that corrective action may be taken. To that purpose, First Transit encourages any employee, contractor or vendor to report wrongdoing or illegal acts to your First Transit's Manager so long as they are not believed to be involved in the fraud, waste or abuse being reported. Management within First Transit will ensure the matter is reported to Group Security and the First Transit will investigate and take appropriate steps to correct the wrongdoing or potential violation. Alternatively, reports may be made anonymously using the FGA Ethics & Compliance line at 1.877. CALL , (1.877.322.5534) or by emailing Compliance firstgroup.com. You may also contact the Healthcare Compliance Officer directly: Jessica Hylander Director of Healthcare Compliance First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, OH 45202 Jessic,a.Hylandar firstgrou .com Self -reporting is also encouraged. Anyone who reports his/her own violation will receive due consideration regarding disciplinary action that may be taken. Upon a report of a violation, First Transit will investigate to determine the nature, scope and duration of the violation, if any. If it is determined that there was a violation, First Transit will develop a plan for corrective action. First Transit strictly forbids any retaliation or discrimination against anyone who makes a good faith report of a violation or cooperates in an investigation. If an employee or contractor believes that an adverse action in the form of retaliation or discrimination has been taken against him/her as a result of making a report of a violation, the employee or contractor should report the retaliation or discrimination to your First Transit's Manager if not involved in the suspected retaliation/retribution or you may resort it using FGA's hotline. Anyone who makes a report of a violation maliciously, frivolously or in bad faith will be subject to disciplinary action, including termination. Mom Amended February 2019 This is to acknowledge that I have received a copy of the First Transit Employee Handbook and the applicable State Supplement for the state in which I work (collectively, Handbook). I understand that the Handbook contains important information on the Company's general policies and on my privileges and obligations as an employee. I acknowledge that I am expected to read, understand and adhere to the Company policies and will familiarize myself with the material in the Employee Handbook. understand that the Company may change, rescind, add to or interpret any polices, programs or procedures described in the Employee Handbook from time to time at its sole and absolute discretion with or without prior notice. I understand that employment with First Transit is considered to be "At -Will" employment (except for employees covered by a Collective Bargaining Agreement or where otherwise prohibited by law). As such, I understand that my employment with the Company is not for a specified term and is at the mutual consent of myself and the Company. Accordingly, either I or the Company may terminate that employment relationship "at -will," with or without cause, at any time, with or without notice. I further understand that only the President of First Transit has the authority to modify the at -will nature of the employment relationship and may do so only in a written agreement executed by the President and the employee. If the terms and conditions of my employment are covered by a Collective Bargaining Agreement, any term or condition contained in the Collective Bargaining Agreement supersedes the terms and conditions contained in this Employee Handbook, if they conflict. I understand and acknowledge that nothing in this Employee Handbook is intended to limit any concerted activities by employees relating to their wages, hours or working conditions, or any other conduct protected by Section 7 of the National Labor Relations Act. Furthermore, nothing in this Handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission ("EEOC"), National Labor Relations Board ("NLRB"), Securities and Exchange Commission ("SEC") or any other federal, state or local agency charged with the enforcement of any laws. Name (Please Print): Location: Position: Signature: Date: (This form is to be signed, removed, and included in your personnel file.) If you have a question or concern, please fill out the following form and return it to the Human Resources Department. Printed Name: Location: Phone Number: Please describe your question or concern in as much detail as possible. If needed you may attach additional pages to this form. I understand that to the degree possible, the disclosures that I make will be held confidential and that I will suffer no retaliation for reporting my "good faith" concerns. Signature: Date: THE UNITED, STATES DEPARTMENT OF LABORWAGE, AND FSOUR DIVISION LEAVIE Elpifte arnproyees who work tor a cavefed empicsgrr can take, vote 12 oreks tmorr in a 12-rocrnM Peried ENTITLLEMENTS, ror the felt owrnflxrfosons: The With of a child or pincriffNicni of a chod tot adoporin or foster care-, To pond wtht rr chibr (kavxv mwvt tw orkon within 1, ypor of the Phild'o torth of pirpcernc�nt), To tare for the laroployea's strouse, child, rx viewrit w4h has a qualifying sorlovis heafth roriftiow Fort errip"oe'sown qualdVing serious herith, condition thrrit, rnakes the empkante urablew penrltorm &se emplairee'syub, 0.:Fax r qualifying, exigencies related to the, tafelgiv deployment of a militarynsembeT who Is the employ ee's spouse,, Odd, or parent An etigrbM srujApioxf wito is as covered ip*usea child parent, or next of kIn orray aWo take no to 26 weeks of FMLA,le ave In a 9,mgle 12,mouthe porlod to oate tot The with a sovious injuty 00 fline"Irs, An emplosee drift hot need te, use leave, in one black, When it is medicatly necesm ry or otherwise pormitted, emplayens may take leave kheirnittently or, on a reduced schodule. LA Otte, FIA, 1 11 art, urtohoyee EnIP10feee May Choose,-, or an empWyet rhas osquit*, ace, QfaWtrrea tsiI4 reft" while k,*klhg, O substitutes acvvtom? "14 leae fw FWA ladve, the chatriaryee Inver comply With tire e,rog1al%vr'c honora I paid hea " per lcbas. SENOFITS, "I'llo onrPliorm—'s arecer rruiatonfitinue heafth Intrucance *overage as It the ofpployees were act on leave, PROTOMONS, Uposi relium fro"i FMLA Ioavrt. most empleyeas -most be, reskeed to thasame job or ono, ricafly Idenlical to It with equivalent pay, benefits. and other ernistaymeryttemss and condeirb-is. Arlenipicnerrivair not trigetlerearith an Individual-s FrALArights fA retaliate a.WiAnstscene eoner For using ortrying to use FMLA leave, opposing mioi practice made tart aw-fill by o PIALA, of being involved an any frolesecling under ar rehatod to the FMLk, ELIGISWITY An amployse who varrra for a created ern;rroVer must meet, thfae crilena In oldible be Eftble for FMLA, leave. The empillysenntsM REQUIREMENTS Have atoWert for the wpl*yor for M least 12 rnonthc Have at lorusF 1.250 hours of service in the 12 months before taking reuvw* acol Work ate Wcation where the emplayerr has at least 50 employees witfiln 75 rnfles of the emplicies's roarksite, Special -hours otsere ke'reelvirerrvents applyto antina filght crew emIcloyees. REQUESTING Genero3ly' employeas Must KIW30-drrys' advance notice ofthe need forMLA leave, If It Isnot possible to give 30-days'natze, LEAVE mart Curpiroy" Mum, henry therar ap e sass as treselloloand, ganciallwJoilow the Druteahor); usuar Pfo*orduree, gnnptsyoes do not have to share a rnisdical Olagnsrsrs, but moo-1 pmvide etrough Infounation to the ernistaMr,,eta d can desormine If tea Wave quarifes $or MA protsett on, Sufficient Infamicttion eouki, On,,"kide rnfoiming art, vehirlatart that the "loyfre is or will be a nableto perfann his or hef job functions, that a tam, Ity rneTnew cannot pedororclaq actrYTIies, or that hospitahration, or continrong merfiroh deatment t4 necessarli, Elo"ItArtywa alust, Irfatrn the emplayer it the, mrsailm leave Is for a rearsen fro which FMLA leave was preo'clusly taken or certlffie& pmpko* 2* can mquJiv a ceirfificA00o OfPOVICOIC WettiftetrOn $Upporthig IV* inted Her laaw 0 the empIrsair detaroIli firer drolit tho eerfols;3bovi as incernpRete" It rpost pewide n watten ftritice 4ullcating what arklelonal 0,11,01matern 4k recirraed, EMPLOYER O"C* an Calpitomf eftoftws avorre that an comet ix "s new 1W leave Or for n reawn that MayQuall6i Radler tiv Fes, the RESPONSIBILITIES BmPlerf must netily the enrployee It he or she is eligible for FMLA reave and, if elkgable must also provide a mticsof ftand respansibi Nice under the Fla LA, It the ernproyee, is not eligible, the empIrzaer must, provide as re on for Ine lrglrslfity. Empliciters must rrafify its empkerees If iocvv wKI be deli rhater rl as FMLA lrxsve,, and If so, how mucb Wave will be deaticeatoll as: FMLA leave, ENFORCEMENT 5mploye" may IM a laIrti, with the U$ Department of Labor, Wage and Hour Cmitakni, or may brft a private Iaw%ua acielp an, agarnsterne irwer, the FMLA does not affect any federaVor state law rfrobbiting dAroirninatIon or supersede, any state or 10=1 is Cir Wrechve bargaining ogreement that peurdes great or farnkly of n'xidicill %njWQ Irights, CALL: 1-877-322-5534 Take Action! Got a QR reader? You can also report anonymously by VISIT. www.ethicsfirst.ethicspoint.com using a smart device to scan the QR code. Visit the ethics page and anonymously file a EMAIL: compliance@firstgroup.com report. Any day. Any time. 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Er m 11 11 x���l����u�r, i �" �,r. 1� 1� �� 1� 1� 1� 1� 1� �� 1� 1� 1� 1� 1� �� �� �� �� _111111 �� 1� 1I C m rn m ❑l 11 � 11 �111 11 � FT It n x���l����u�r, i �" �,r. x���l����u�r, i �" �,r. x���l����u�r, i �" �,r. x���l����u�r, i �" �,r. ,, . ,�_ �; x� ��� ,� ,, . ,�_ �; x� ��� ,� � {t r t i � ,4 i ■� I 11 im- 11 11 11 11 11 �1 11 �1 11 �1 11 � 11 �1 11 � 11 �1 I ■ I �1 �1 I �1111 m LJ sr I ■I �I ■I �I ■I �I ■I �I ■I ■I ■I ■I I I I I I I 11 11 11 11 11 11 11 11 11 11 11 11 m 11 11 11 11 11 11 m 11 11 11 11 11 � 11 � 11 � 11 � I m t First Transit's accident procedures are used when responding to: • Vehicle -involved collisions • Passenger, customer, or employee accidents and injuries • Pedestrian and bicycle accidents • Fixed -objects accidents (curbs, tree limbs, signs, etc.). All supervisors attend a training module on Accident Investigation Procedures and Documentation. This provides supervisors with the information needed to properly gather and document all of the facts relevant to an investigation, and to ensure that the driver complies with USDOT, First Transit, and <<clientShort>> policies. Supervisors are also trained on how to secure the vehicles involved in an accident, judging whether or not to return vehicles to immediate service, and effective coordination with all key operations personnel. DRIVER E PON I ILITY AT THE ACCIDENT SCENE First Transit's drivers are trained on how to respond in accidents to ensure the safety of their passengers and the accuracy of the information reported to the police and to <<clientShort>> First Transit's drivers are trained to not respond to any media requests or discuss the accident with anyone except First Transit supervisors, company insurance adjusters, or emergency personnel. They make no agreements, settlements, or commitments and cooperate with police to ensure the safe resolution of the event. DISPATCHER E P N I ILITIE Accident documentation packet must be completed and turned into the supervisor before the shift is completed. Dispatcher on Duty must document the following: Record all accident information in the Daily Log, including any down time, bus change -outs or passengers transferred in a different vehicle. CJAU SUPERVISOR RESPONSE AND DocuMENTATION When responding to any road call or accident, the road supervisor is required to have the following kit while working on the scene: • Accident reporting documents • Writing instruments • Paper • Clipboard • Camera, extra film, batteries, digital storage media (if applicable) • Tape measure • Flashlight • Safety triangles, safety vest, jacket • Seatbelt cutters, seatbelt extensions • Blood borne pathogen and first -aid supplies The following procedures are completed by the first -responding supervisor: First Transit's supervisors do not make an on -scene determination of whether the accident was reportable or non -reportable. The reports filed by the road supervisor, driver, and dispatcher as well as any other reports from law enforcement and insurance are evaluated to make this determination. CUSTOMER INJURE CLAIM PROCESS The steps we take to investigate any accidents or injuries greatly help the Customer Injury Claim Process. Our goal is simple — to make the claimant whole, while neither under - compensating nor over -compensating the claimant. To do this, we must have timely, accurate fact gathering during and after the incident for consideration during the claim. The following is critical for processing customer injury claims: • Gather scene reports from responding police, courtesy cards, insurance information, the First Transit road supervisor, and the safety manager. • Provide the injured customer or the customer's representative contact information for authorized First Transit staff and risk managers. This includes providing the director of safety's business card with name, address, email and phone number, and the direct toll - free line to First Transit claims representatives. • Report the accident and claim to our claims web site or by calling. Our dedicated First Transit office for bodily injury, general liability, property damage and subrogation claims can also be of assistance. First Transit Pasadena Transit/ DAR Vehicle Mileages Apr-18 Bus # System Services Starting Mileage Ending Mileage Total Mileage 3019 DAR 232,237 232,371 134 3020 DAR 216,162 216,162 0 3021 DAR 249,360 249,360 0 3022 DAR 241,361 242,806 1445 3023 DAR 227,964 227,964 0 3050 DAR 181,342 181,342 0 3051 DAR 199,762 199,762 0 3052 DAR 190,771 191,617 846 3053 DAR 222,495 224,279 1784 3054 DAR 202,742 202,742 0 3055 DAR 185,854 187,505 1651 3360 DAR 11,018 12,064 1046 3361 DAR 11,699 12,695 996 3362 DAR 16,900 18,815 1915 3363 DAR 19,4611 21,843 2382 3364 DAR 20,199 22,827 2628 3365 DAR 19,281 21,252 1971 3366 DAR 17,286 19,523 2237 3367 DAR 17,587 20,079 2492 3368 DAR 17,589 19,484 1895 TOTAL DAR MILEAGE 23422 2210 PT 252,951 252,951 0 2211 PT 257,518 257,518 0 3058 PT 141,985 144,508 2523 3206 PT 153,890 156,358 2468 3207 PT 162,408 162,451 43 3208 PT 177,1991 179,299 2100 3209 PT 172,684 174,987 2303 3210 PT 92,809 92,809 0 3216 PT 198,316 201,023 2707 3217 PT 202,779 205,578 2799 3218 PT 183,691 187,057 3366 3219 PT 202,696 204,500 1804 3220 PT 199,5761 202,456 2880 3221 PT 199,0931 201,532 2439 3222 PT 197,177 197,177 0 3223 PT 204,589 207,307 2718 3224 PT 200,626 202,292 1666 3225 PT 204,861 207,296 2435 3292 PT 156,094 159,379 3285 3293 PT 153,3531 154,765 1412 3294 PT 156,830 159,971 3141 3295 PT 145,685 148,878 3193 3296 PT 154,897 157,874 2977 3297 PT 151,842 155,296 3454 3298 PT 151,667 155,011 3344 3272 PT 10,0891 13,599 3510 3273 PT 6,812 9,759 2947 3274 PT 3,864 7,018 3154 3275 PT 8,2441 10,242 1998 TOTAL MILEAGE 64666 DAR / ARTS Mileage Separation DAR Total ARTS Total Total Gallons MPG 30.20 4.44 0.00 0.00 0.00 0.00 266.80 5.42 0.00 0.00 0.00 0.00 0.00 0.00 152.00 5.57 256.70 6.95 0.00 0.00 243.70 6.77 60.80 17.20 64.10 15.54 278.70 6.87 351.70 6.77 421.00 6.24 301.60 6.54 278.90 8.02 412.80 6.04 256.50 7.39 0.00 0.00 0.00 0.00 323.30 7.80 286.20 8.62 49.40 0.87 308.70 6.80 350.70 6.57 0.00 0.00 867.50 3.12 964A0 2.90 939.70 3.58 666.20 2.71 972.80 2.96 787.90 3.10 0.00 0.00 938.90 2.89 621.60 2.68 740.10 3.29 1068.60 3.07 540.00 2.61 1131.40 2.78 1002.20 3.19 983.30 3.03 1155.40 2.99 1139.60 2.93 1100.50 3.1 9 964.70 3.05 980.20 3.22 553.80 3.61 Total 88088 01 0 1 22812.3 3.86 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Maint, Maint. Maint. Maint. Report Site PM PM Equipment Equipment Equipment Equipment Desc. OpGo Division Region Area Group . Description WO WO Alias Org. Org. Dept. FT FTMAINT FTM_WEST 57231 Pasadena 7231 7231M 107 7231 FORD FUSION HYBRID 7231M 108 7231 FORD FUSION HYBRID 7231M 3022 7231 2008 E-450 Starcraft 7231M 3053 7231 FORD E450 STARCRAFT 7231M 3058 7231 FORD E450 STARCRAFT 7231M 3206 7231 FORD E450 STARCRAFT 7231M 3209 7231 FORD E450 STARCRAFT 7231M 3216 7231 ELDORADO EZR II MAX-BRT 32' 7231M 3217 7231 ELDORADO EZR fI MAX-BRT 32' 7231M 3218 7231 ELDORADO EZR it MAX-BRT 32' 7231M ' 3220 7231 ELDORADO EZR it MAX-BRT 32' 7231M 3223 7231 ELDORADO EZR it MAX-BRT 32' 7231M ; 3225 7231 ELDORADO EZR PI MAX-BRT 32' Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 1 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Equipment PM WO PM WO PM WO PM WO PM PM WO PM Previous PM WO PM WO PM Meter #1 Parent Number Desc. Life Release WO Completed Calendar PM Date Meter Meter Performance Meter Date Class Date Performance #1 Due #2 Due 45649398 7231- 89,676 Mar 28, WO Apr 20, 183 Oct 19, 89,676 + 0 5,149 Medium : 2018 2018 2017 Duty PM 12:00:00 8:15:34 4:42:34 A AM ' AM PM 43422323 7231- ' 88,195 Mar 19, WO Apr 20, 1 206 Sep 26, 88,195 0 5,471 Medium 2018 2018 2017 Duty PM 12:00:00 ' 8:22:26 5:14:19 A AM ; AM PM 51007279 7231- 241,869 Apr 10, WO Apr 13, 79 Jan 24, + 241,869 0 2,649 Medium 2018 2018 2018 Duty PM 12:00:00 1:18:00 7:28:00 B AM ' PM ; PM 51014002 7231- 223,348 Apr 11, WO Apr 15, 76 Jan 29, 223,348 0 2,689 Medium 2018 2018 2018 Duty PM 12:00:00 + 2:30:00 + 1:41:00 B AM PM PM 51101751 7231- 143,608 Apr 17, WO Apr 20, 35 Mar 16, 143,608 0 2,714 Medium 2018 2018 2018 Duty PM 12:00:00 11:46:00 ' 11:51:00 A AM ' AM + AM 51082175 7231- i 154,357 Apr 4, WO Apr 6, 30 ' Mar 7, 154,357 0 i 2,769 Medium 2018 2018 2018 Duty PM 12:00:00 2:12:00 4:12:00 A AM ' PM PM 51072840 7231- < 172,907 Apr 2, ; WO Apr 5, 33 Mar 3, 172,907 0 2,752 Medium 2018 2018 2018 Duty PM 12:00:00 ' 2:05:00 + 11:03:00 B AM PM AM 51152713 Heavy 200,731 Apr 26, WO Apr 28, 29 Mar 30, 200,731 0 2,568 Duty PMA 2018 ; 2018 2018 12:00:00 ' 12:55:00 1:20:00 AM PM PM 51123377 Heavy 204,904 Apr 17, WO Apr 23, 30 Mar 24, 204,904 0 3,035 Duty 2018 2018 2018 PMD 12:00:00 8:52:00 11:21:00 AM PM AM 51084086 Heavy 184,640 Apr 9, WO Apr 10, 33 Mar 8, 184,640 0 2,974 Duty 2018 2018 2018 PMC ; 12:00:00 2:10:00 1:34:00 AM PM PM 51112106 Heavy 201,385 Apr 16, WO Apr 19, 29 Mar 21, 201,385 0 3,081 Duty PMB 2018 2018 2018 12:00:00 12:29:00 ! 11:28:00 AM PM AM 51094748 Heavy 205,566 i Apr 9, WO Apr 12, 30 Mar 13, 205,566 0 2,971 Duty PMA 2018 2018 2018 12:00:00 1:56:00 1:30:00 AM PM PM 51069415 Heavy 205,565 Apr 6, WO Apr 11, 41 Mar 1, 205,565 0 ; 3,047 Duty ; 2018 + 2018 2018 PMD 12:00:00 7:45:00 11:52:00 AM PM AM Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 2 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Previous PM Meter #2 Previous PM WO Maintenance MP MP MP MP MP MP MP PM Performance PM Standard Pattern Calendar Meter Meter Added Subtracted Added ' Subtracted Meter Meter WO Frequency #1 #2 Calendar'' Calendar Meter #1 Meter #1 #1 #2 Interval Interval Tol Tol Tol To 84,527 0 0 7231- ! 7231- 5,000 3 3 500 500 LDPMA LDPMABCD 82,724 0 0 7231-', 7231- 5,000 3 3 500 500 LDPMA LDPMABCD 239,220 0 i 0 7231- ,i 7231- 3,000 3 '; 3 500 500 MDPMB ; MDPMABCD 220,659 0 0 7231- 7231- 3,000 3 'i 3 500 500 MDPMB MDPMABCD 140,894 0 0 7231- 7231- 3,000 3 3 500 500 MDPMA MDPMABCD 151,588 0 0 'i 7231- 7231- 3,000 + 3 3 500 ' 500 MDPMA MDPMABCD 170,155 0 0 7231-. 7231- 3,000 3 3 500 500 MDPMB MDPMABCD 198,163 0 0 7231- 7231- 3,000 3 3 500 500 HDPMA HDPMABCD 201,869 0 0 7231- 7231- 3,000 3 3 500 500 HDPMD HDPMABCD 181,666 0 0 7231- 7231- 3,000 3 3 500 500 HDPMC HDPMABCD; 198,304 0 0 7231- 7231- 3,000 3 3 500 500 HDPMB ' HDPMABCD 202,595 0 0 7231- 7231- 3,000 3 + 3 500 500 HDPMA HDPMABCD 202,518 : 0 0 7231- 7231- 3,000 ; 3 3 500 + 500 HDPMD '; HDPMABCD Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 3 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM MP Added Meter MP Subtracted Cal. Early Cal Late Meter #1 Early Meter #1 Late Meter # 2 Meter# 2 LatePM WO #2 To] Meter #2 Tol Point Point Point Point Early Point Point Status 500 500 4,500 5,500 ON TIME 500 500 4,500 5,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 + 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 4 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Maint, Maint. Maint. Maint. Report Site PM PM Equipment Equipment Equipment Equipment Desc. OpGo Division Region Area Group . Description WO WO Alias Org. Org. Dept. FT FTMAINT FTM_WEST 57231 Pasadena 7231 7231M 3292 7231 ELDORADO E-Z t RIDER If 7231M 3293 7231 ELDORADO E-Z RIDER II 7231M 3294 7231 ELDORADO E-Z RIDER II 7231M 3295 7231 ELDORADO E-Z RIDER II 7231M 3296 7231 ELDORADO E-Z RIDER II 7231M 3297 7231 ELDORADO E-Z RIDER If 7231M 3298 7231 ELDORADO E-Z RIDER II 7231M 3362 7231 FORD E450 STARCRAFT 7231M + 3363 7231 FORD E450 i STARCRAFT 7231M 3364 7231 FORD E450 STARCRAFT 7231M ' 3365 7231 FORD E450 STARCRAFT 7231M 3372 7231 ELDORADO ERT 7231M ; 3373 7231 ELDORADO SRT Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 5 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Equipment PM WO PM WO PM WO PM WO PM PM WO PM Previous PM WO PM WO PM Meter #1 Parent Number Desc. Life Release WO Completed Calendar PM Date Meter Meter Performance Meter Date Class Date Performance #1 Due #2 Due 51099842 Heavy 157,670 Apr 13, WO Apr 16, 32 Mar 15, 157,670 + 0 2,765 Duty PMA : 2018 2018 2018 12:00:00 8:25:00 1:42:00 i AM PM PM 51104102 Heavy 154,361 ' Apr 13, WO Apr 22, 35 Mar 18, 154,361 0 2,633 Duty; 2018 2018 2018 PMD ; 12:00:00 1:55:00 ! 11:25:00 AM PM AM 51086599 Heavy 157,641 Apr 9, WO Apr 10, 32 Mar 9, + 157,641 0 ' 2,701 Duty PMA 2018 ; 2018 2018 12:00:00 ' 9:01:00 2:36:00 AM ' PM PM 51116187 Heavy 147,754 Apr 16, WO Apr 20, 29 Mar 22, 147,754 0 2,964 Duty 2018 ; 2018 2018 PMD 12:00:00 2:51:00 3:36:00 AM PM PM 51126936 Heavy 157,175 Apr 19, WO Apr 25, 31 Mar 25, 157,175 0 3,265 Duty PMA 2018 2018 2018 12:00:00 ' 9:06:00 12:45:00 AM ' PM PM 51084834 Heavy 154,104 Apr 16, WO Apr 21, ' 44 Mar 8, 154,104 ' 0 ! 3,184 Duty PMA 2018 2018 2018 12:00:00 10:57:00 9:19:00 AM AM PM 51089985 Heavy 152,264 Apr 5, WO Apr 7, ' 27 + Mar 11, ' 152,264 0 2,706 Duty PMA 2018 2018 2018 12:00:00 12:03:00 9:38:00 AM + PM AM 51042070 7231- 16,979 Apr 2, WO Apr 3, 48 Feb 14, 16,979 0 2,711 Medium 2018 2018 2018 Duty PM 12:00:00 7:47:00 + 7:40:00 P AM ; PM PM 51059386 7231- 19,461 Apr 2, WO Apr 2, 38 Feb 23, 19,461 0 2,707 Medium 2018 2018 2018 Duty PM 12:00:00 7:27:00 1:54:00 A AM PM PM 51152337 7231- < 22,632 Apr 24, WO Apr 27, 28 Mar 30, 22,632 0 2,873 Medium ; 2018 2018 2018 Duty PM 12:00:00 3:43:00 11:43:00 C AM PM AM 51071493 7231- 19,714 Apr 5, WO Apr 8, ' 37 Mar 2, 19,714 0 2,611 Medium 2018 2018 2018 Duty PM 12:00:00 + 12:44:00 11:52:00 A AM PM AM 51149050 Heavy 13,073 Apr 23, WO Apr 26, 28 Mar 29, 13,073 0 3,323 Duty PMB 2018 2018 2018 12:00:00 1:12:00 7:34:00 AM PM PM 51115073 Heavy 9,399 Apr 18, WO Apr 24, 33 Mar 22, 9,399 0 3,304 Duty PMA 2018 ; 2018 2018 12:00:00 12:25:00 11:31:00 AM PM AM Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 6 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Previous PM Meter #2 Previous PM WO Maintenance MP MP MP MP MP MP MP PM Performance PM Standard Pattern Calendar Meter Meter Added Subtracted Added ' Subtracted Meter Meter WO Frequency #1 #2 Calendar'' Calendar Meter #1 Meter #1 #1 #2 Interval Interval Tol Tol Tol To 154,905 0 0 7231- ! 7231- 3,000 3 3 500 500 HDPMA HDPMABCD 151,728 0 0 7231- 7231- 3,000 3 3 500 500 HDPMD' HDPMABCD' 154,940 + 0 0 7231- 7231- 3,000 3 3 500 500 HDPMA HDPMABCD 144,790 0 0 7231- 7231- 3,000 3 3 500 500 HDPMD'HDPMABCD 153,910 0 0 7231- 7231- 3,000 3 3 500 500 HDPMB + HDPMABCD 150,920 0 0 7231- 7231- ' 3,000 3 3 1 500 500 HDPMA HDPMABCD 149,558 0 0 7231- 7231- 3,000 3 ; 3 500 500 HDPMA HDPMABCD 14,268 0 0 7231- 7231- 3,000 ; 3 3 500 500 MDPMB MDPMABCD 16,754 0 ; 0 7231- 7231- 3,000 3 3 500 500 MDPMA ; MDPMABCD 19,759 ; 0 0 7231- 7231- 3,000 3 3 500 500 MDPMC MDPMABCD; 17,103 + 0 ' 0 7231- 7231- 3,000 ' 3 3 500 500 MDPMA MDPMABCD 9,750 + 0 0 7231- 7231- 3,000 3 3 500 500 HDPMB HDPMABCD! 6,095 0 0 7231- 7231- 3,000 ' 3 3 500 500 HDPMB ! HDPMABCD Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 7 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM MP Added Meter MP Subtracted Cal. Early Cal Late Meter #1 Early Meter #1 Late Meter # 2 Meter# 2 LatePM WO #2 To] Meter #2 Tol Point Point Point Point Early Point Point Status 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 + 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 1 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME 500 500 2,500 3,500 ON TIME Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 8 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 9 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 10 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 11 of 14 F521 PM History For Organization 7231 and Department % From Apr 1, 2018 12:00:00 AM to Apr 30, 2018 12:00:00 AM Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Report Detail Report Run Date: May 1, 2018 5:09:17 PM Page 12 of 14 F521 PM History Quick Reference Articles 0: F521 PM History 'he F521 PM History evaluates PM WOs completed within the date span of the report to determine if the PM WO ras completed Early, On Time, Late or if No Previous PM could be found. • The report evaluates completed PM WOs generated by Maintenance Patterns only. • The report determines the previous PM completed for the same unit on the same Maintenance Pattern to make the comparison. • The report evaluates Maintenance Patterns that use the WO type: Preventative Maintenance. • The report relies on the tolerance (+/-) being set on each Maintenance Pattern. If the tolerances are not set then the report will indicate that No Previous PM is found. ummary he report summarizes the total of PM WOs that meet the conditions stated above. The tolerances on the laintenance Pattern determine which category the PM WO falls into. • The Reporting Group information is based on the PM WO department. • Information is then pulled from the completed PM WO. • Performance is the system calculating the days or miles (or other meters) from the previous PM WO completed for the same unit in the same Maintenance Pattern. • The Maintenance Pattern and interval information is listed as the starting point for evaluating the PM WO. • The tolerances are pulled from the Maintenance Pattern. • The early and late points are the calculation of the Maintenance Pattern tolerance and the PM interval. • The last column of the report Status shows the report evaluation of the PM WO. • Sub Title: enter a simple title that will be displayed on the printed report. Leave blank for no title. • Organization, Department, Maintenance Pattern are all determined by the information on the PM WO. • Maintenance OpCo, Maintenance Div, Maintenance Reg, and Report Group are determined by the PM WO de Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Quick Reference Report Run Date: May 1, 2018 5:09:17 PM Page 13 of 14 Colophon Title:F521 PM History Sub Title:% Company Confidential Information Copyright 2017 FirstGroup America, Inc. Section: Colophon Report Run Date: May 1, 2018 5:09:17 PM Page 14 of 14 CITY OF PASADENA NTD SAFETY AND SECURITY REPORT - 2018 April 2018 Thresholds Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Major Incidents 1. A fatality 0 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 2. Injuries requiring immediate medical attention from the scene for two or more persons 0 0 0 0 0 0 0 0 0 0 0 0 3. Property damage ($25,000 +) 0 0 0 0 0 0 0 0 0 0 0 0 4. Evacuation (life safety reasons) 0 0 0 0 0 0 0 0 0 0 0 0 5. Collision at grade crossing 0 0 0 0 0 0 0 0 0 0 0 0 & A main -line derailment n/a n/a n/a n/a n/a n/a r7n_/a_T n/a n/a n/a n/a n =/a 7. Collision w/person on a rail right of way resulting in injuries that require medical attention away from the scene for one or more persons. 0 0 0 0 0 0 0 0 0 0 0 0 8. Collision between a rail transit vehicle and another rail transit vehicle and another rail transit or a transit non -revenue vehicle resulting in injuries that require immediate medical attention away from the scene for one or more persons. 0 0 0 0 0 0 0 0 0 0 0 0 1 Non -Major Incident (Safety) 1. Injuries requiring immediate medical attention away from the scene for one person. 0 0 0 1 0 0 0 0 0 0 0 0 2. Property damage equal to or exceeding $ 7,500. 0 0 0 0 0 0 0 0 0 0 0 0 3. All non-aron fires not qualifying ,as Major incidents 0 0 0 0 0 0 0 0 0 0 0 0 Page 1 of 2 CITY OF PASADENA NTD SAFETY AND SECURITY REPORT - 2018 April 2018 Thresholds Jan Feb Mar Apr May June July Aug Sept Oct Non -Major Incident (Security) Occurrence of Part I offences (except homicide) Nov Dec 1. Forcible rape3. 000000000000 • • • - 000000000000 A... . ed assault000000000000 111111511 .. 000000000000 5. Larceny/theft 000000000000 6. Motor vehicle000000000000 • 000000000000 ' Arrest/Citation for Part 11 ' Offenses: 1. Other assaults000000000000 2. Vandalism 000000000000 13. Trespassing 000000000000 4 Fare evasion 000000000000 Occurrence of Utner Security Issues: 1. Bomb threat 000000000000 oAftillilli 10 000000000000 ••• release Q Q Q Q Q 0 Q 0 Q 0 Q 0 Cyber incidentQOQQQOQOQOQO • 0 0 0 0 0 0 0 0 0 0 0 0 ent civil aistumance e irrence of Suicides and attempts. Page 2 of 2 First Transit, Pasadena DAR Monthly Mechanical Down List Apr-18 Date OOS i work in house or vendor Estimated return date Altadena / LA County / San Marino / Pasadena Dial -A -Ride Total Revenue / Dead Miles April 2018 LA County Dial -A -Ride Revenue Miles April 2018 Pasadena Dial -A -Ride Revenue Miles April 2018 San Marino Dial -A -Ride Revenue Miles April 2018 Altadena Dial -A -Ride Revenue Miles April 2018 Altadena / LA County / San Marino / Pasadena Dial -A -Ride Total Revenue / Dead Hours April 2018 Altadena Dial -A -Ride Revenue Hours April 2018 Pasadena Dial -A -Ride Revenue / Dead Hours April 2018 Altadena / LA County / Pasadena / San Marino Dial -A -Ride Total Daily Ridership April 2018 San Marino Total Daily Ridership April 2018 Altadena Dial -A -Ride Total Daily Ridership April 2018 Pasadena Dial -A -Ride Total Daily Ridership April 2018 LA County Total Daily Ridership April 2018 • Route 88 DEPOSIT DATE: TOTAL DEPOSIT 4/16/2018 $394.60 4/23/2018 $116.41 4/30/2018 $260.50 TOTAL 394.60 116.41 260.50 TOTAL TRANSIT TOTAL DAR TOTAL $771.51 $0.001 $771.51 Apr-18 DEPOSIT DATEI 4/16/2018I PASADENA 57231 (626) 398-9329 TOTAL DEPOSIT: > > > > > $ 394.60 TOTAL DEPOSIT: > > > > > $ - Apr-18 DEPOSIT DATEI 4/23/2018I PASADENA 57231 (626) 398-9329 TOTAL DEPOSIT: > > > > > $ 116.41 TOTAL DEPOSIT: > > > > > $ - Apr-18 DEPOSIT DATEI 4/30/2018I (626) 398-9329 (ROUTE 88) TOTAL DEPOSIT: > > > > > $ 260.50 TOTAL DEPOSIT: > > > > > $ - FARE BOX COLLECTION April 2018 Fixed Route Dial A Ride DEPOSIT DATE: TOTAL DEPOSIT TOTAL DEPOSIT TOTAL 4/2/2018 $6,800.59 4/5/2018 $6,878.63 4/10/2018 $5,334.52 4/13/2018 $4,091.21 4/16/2018 $2,391.18 4/23/2018 $11,982.81 4/25/2018 $5,359.89 4/30/2018 $7,094.73 $376.95 $7,177.54 $1,301.07 $8,179.70 $1,060.00 $6,394.52 $155.74 $4,246.95 $151.28 $2,542.46 $1,576.96 $13,559.77 $159.79 $5,519.68 $304.15 $7,398.88 TOTAL TRANSIT TOTAL DAR TOTAL $49,933.561 1 $5,085.941 $55,019.50 Apr-18 DEPOSIT DATEI__-4/2/2018I PASADENA 57231 (626) 398-9329 TOTAL DEPOSIT: > > > > > $ 6,800.59 TOTAL DEPOSIT: > > > > > $ 376.95 Apr-18 DEPOSIT DATEI__-4/5/2018I PASADENA 57231 (626) 398-9329 TOTAL DEPOSIT: > > > > > $ 6,878.63 TOTAL DEPOSIT: > > > > > $ 1,301.07 Apr-18 DEPOSIT DATEI 4/10/2018I (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: > > > > > $ 5,334.52 TOTAL DEPOSIT: > > > > > $ 1,060.00 Apr-18 DEPOSIT DATEI 4/13/2018I (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: > > > > > $ 4,091.21 TOTAL DEPOSIT: > > > > > $ 155.74 Apr-18 DEPOSIT DATEI 4/16/2018I (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: > > > > > $ 2,391.18 TOTAL DEPOSIT: > > > > > $ 151.28 Apr-18 DEPOSIT DATEI 4/23/2018I (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: > > > > > $ 11,982.81 TOTAL DEPOSIT: > > > > > $ 1,576.96 Apr-18 DEPOSIT DATEI 4/25/2018I (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: > > > > > $ 5,359.89 TOTAL DEPOSIT: > > > > > $ 159.79 Apr-18 DEPOSIT DATEI 4/30/2018I (626) 398-9329 (TRANSIT) TOTAL DEPOSIT: > > > > > $ 7,094.73 TOTAL DEPOSIT: > > > > > $ 304.15 FIRST TRANSIT, INC. PASADENA TRANSIT & DIAL -A -RIDE MONTHLY SERVICE REPORT April 2018 (Check "X" all that apply) Date Driver Name Route / Manifest Bus # Location & Direction Time Vehicle Down Time Vehicle Up Elapsed Down Time Decimal Down Time Reported Problem / Solution Number Missed Trips Road Call (Yes/No) Accident Safety & 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 4/1312018 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 4/1612018 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 1 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 Total Pasadena Transit Missed Trips 6:31 6.52 13 Total Pasadena Transit Lost Revenue Time 6.52 Total Pasadena Transit Road Calls 4 Total Pasadena Transit Accidents 1 Total Dial -A -Ride Road Calls Total Dial -A -Ride Accidents Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD ROUTE NUMBER Operating DEADHEAD Days 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': 10.2 25 OPERATING DAYS 329.15 3263.40 125.00 6.25 3138.40 322.90 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 10.00 0.00 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 10.00 0.00 TOTAL TOTAL MONDAY throu9b FRIDAY SATURDAY 876.12 0.00 113.24 8623.42 0.00 1095.77 373.80 71.20 22.05 4.20 8249.62 0.00 1024.57 854.07 0.00 109.04 TOTAL 989.36 9719.19 445.00 26.25 9274.19 963.11 Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD ROUTE NUMBER Operating DEADHEAD Days 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 20-1C (JARC) 21 OPERATING DAYS 33.87 342.70 26.00 1.68 316.70 32.19 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 20-2C 25 OPERATING DAYS 308.07 7899.49 136.50 8.82 2762.99 299.25 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) 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): TOTAL TOTAL MONDAY through FRIDAY SATURDAY 308.07 0.00 000 2899.49 0.00 0.00 .. 136.50 0.00 8.82 0.00 2762.99 0.00 0.00 299.25 0.00 0.00 TOTAL JARC 30807 2899.49 136.50 8.82 2762.99 299.25 TOTAL TOTAL MONDAY through FRIDAY SATURDAY 608.16 (4.80) 74.00 5757.15 (47.52) 749.33 247.80 49.60 15.96 3.20 5509.35 (47.52) 699.73 592.20 (4.80) 70.80 TOTAL 677.36 6458.96 297.40 19.16 6161.56 658.20 Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles 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 i0.00 0.00i: 152.25 1367.10 132.30 8.40 1234.80 143.85 TOTAL MONDAY through FRIDAY 749.97 6772.50 392.70 25.20 6379.80 724.77 (0.72) (7.06) (7.06) (0.72) TOTAL SATURDAY 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 157740. 5 .3 TOTAL 161.70 1572.90 132.30 8.40 1440.60 153.30 Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours 31 25 OPERATING DAYS EASTBOUND 21 DAYS 0.36 1 6.10 1 6.60 1 10.871 6.60 1 235.83 1 3038.70 1 21.00 1 128.10 1 7.56 1 2910.60 1 228.27 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 .5 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 10.00 0.00 b 11655 137949 256.205. 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'- 34577 4703647 . 7. TOTAL Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD ROUTE NUMBER Operating DEADHEAD Days 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 18.46-1 1.00 1 416.72 35.00 MISSED SERVICE 0.00 0.00 '0.00 0.00 40.2 25 OPERATING DAYS 3765 64 6.25 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 om 0.00 40.3 21 OPERATING DAYS .5 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 1 105.21 MISSED SERVICE 0.00 0.00 1 0.00 0.00 TOTAL TOTAL MONDAY through FRIDAY SATURDAY 110.04 691.95 72.24 1247.00 7777.92 874.00 92.40 289.80 37.60 4.83 15.54 2.04 1154.60 7488.12 0.00 836.40 105.21 676.41 0.00 70.20 TOTAL 764.19 8651.92 327.40 17.58 8324.52 746.61 Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles 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 570A0 32.00 20.00 0.84 550.40 50.52 MISSED SERVICE 0.00 0.00 0.00 0.00 4571 64 125.005.25 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 1389.68 107.1101 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 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles 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 0.001 202.23 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 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours Number of Days ROUTE 1C Weekda s 21 20-C Saturda s I4 20-C (JARC' Total Days 25 20-CC 20-CC (JARC; 31 31 (JARC) 32 4C 51 52 52 6C TOTAL Revenue Deadhead HOURS Hours Hours 989.36 963.11 26.25 677.36 658.20 19.16 308.07 299.25 8.82 823.57 795.17 28.40 161.70 153.30 8.40 493.55 476.99 16.56 116.55 101.43 15.12 345.22 329.12 16.10 764.19 746.61 17.58 346.62 341.37 5.25 105.63 100.80 4.83 13.40 9.03 4.41 202.23 196.98 5.25 5,347.45 5,171.36 176.13 TOTAL Revenue Deadhea MILES Miles d Miles 9,719.19 9,274.19 445.00 6,458.96 6,161.56 297.40 2,899.49 2,762.99 136.50 7,468.11 7,025.81 442.30 1,572.90 1,440.60 132.30 6,223.40 5,942.80 280.60 1,379.49 1,123.29 256.20 4,703.64 4,427.64 276.00 8,651.92 8,324.52 327A0 4,571.64 4,446.64 125.00 1,389.68 1,282.58 107.10 289.80 184.80 105.00 2,486.40 2,394.00 92.40 Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours MONDAY - FRIDAY 1C 20-C 20-C (JARC 20-CC 20-CC (JARC 31 31 (JARC 3, 4( 51 5z 5' 6( Missed Service Total Total TOTAL Revenue Deadhead HOURS Hours Hours 876.12 854.07 22.05 608.16 592.20 15.96 308.07 299.25 8.82 749.97 724.77 25.20 161.70 153.30 8.40 453.39 438.27 15.12 116.55 101.43 15.12 307.02 292.32 14.70 691.95 676.41 15.54 295.26 290.85 4A1 105.63 100.80 4.83 13.40 9.03 4.37 202.23 196.98 5.25 (5.52) (5.52) - Total Total TOTAL Revenue Deadhead MILES Miles Miles 8,623.42 8,249.62 373.80 5,757,15 5,509.35 247.80 2,899.49 2,762.99 136.50 6,772.50 6,379.80 392.70 1,572.90 1,440.60 132.30 5,695.20 5,439.00 256.20 1,379.49 1,123.29 256.20 4,179.24 3,927.24 252.00 7,777.92 7,488.12 289.80 4,001.24 3,896.24 105.00 1,389.68 1,282.58 107.10 289.80 184.80 105.00 2,486.40 2,394.00 92.40 (54.58) (54.58) 4,883.93 4,124.16 159. (( 52, (69.8b 5U,U2:3.U5 2, (46.8U Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours SATURDAY 1C 20-C 20-C (JARC) 20-CC 20-CC (JARC) 31 31 (JARC 32 4C 51 52 6C Total Total TOTAL Revenue Deadhead HOURS Hours Hours 113.24 109.04 4.20 74.00 70.80 3.20 74.32 71.12 3.20 40.16 38.72 1.44 38.20 36.80 1.40 72.24 70.20 2.04 51.36 50.52 0.84 Total Total TOTAL Revenue Deadhead MILES Miles Miles 1,095.77 1,024.57 71.20 749.33 699.73 49.60 702.67 653.07 49.60 528.20 503.80 24.40 524.40 500.40 24.00 874.00 836.40 37.60 570,40 550A0 20.00 463.52 447.20 16.32 5,044.77 4,768.37 276.40 Pasadena Transit Revenue Hours/Miles April 2018 MONTH: PASADENA TRANSIT MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours GRAND TOTALS laoilt" 10 20-C 20-C (JARC) 20-CC 20-CC (JARC) 31 31 (JARC) 32 40 51 52 53 60 Missed Service 5.52 5.52 - 11 5,347.-4-5T 5,171.36 176.09 Y.T.D. 54,010.42 52,247.38 1 1,763.04 Total Total TOTAL Revenue Deadhead HOURS Hours Hours 989.36 963.11 26.25 682.16 663.00 19.16 308.07 299.25 8.82 824.29 795.89 28.40 161.70 153.30 8.40 493.55 476.99 16.56 116.55 101.43 15.12 345.22 329.12 16.10 764.19 746.61 17.58 346.62 341.37 5.25 105.63 100.80 4.83 13.40 9.03 4.37 202.23 196.98 5.25 Total Total TOTAL Revenue Deadhead MILES Miles Miles 9,719.19 9,274.19 445.00 6,506.48 6,209.08 297.40 2,899.49 2,762.99 136.50 7,475.17 7,032.87 442.30 1,572.90 1,440.60 132.30 6,223.40 5,942.80 280.60 1,379.49 1,123.29 256.20 4,703.64 4,427.64 276.00 8,651.92 8,324.52 327.40 4,571.64 4,446.64 125.00 1,389.68 1,282.58 107.10 289.80 184.80 105.00 2,486A0 2,394.00 92.40 54.5t3 (54.bb 57,814.62 54,791.42 3,023.20 11 583,999.89 1 553,889.10 30,110.79 Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD ROUTE NUMBER Operating DEADHEAD Days 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 t 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 Route 88 - Bus 2 8 OPERATING DAYS 79.76 904.00 48.00 4.00 856.00 75.76 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) (1i00) 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 TOTAL TOTAL SATURDAY SUNDAY 84.05 (1.00) 79.76 952.80 (10.70) 904.00 54.00 48.00 4.50 4.00 898.80 (10.70) 856.00 79.55 (1.00) 75.76 TOTAL 162.81 1846.10 102.00 8.50 1744.10 154.31 Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD Operating ROUTE NUMBER Days REVENUE DEADHEAD DEADHEAD MILES PER HOURS MILES LOOP Total REVENUE Total Deadhead Deadhead Total Revenue HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Total Revenue Hours Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD Operating ROUTE NUMBER Days REVENUE DEADHEAD DEADHEAD MILES PER HOURS MILES LOOP Total REVENUE Total Deadhead Deadhead Total Revenue HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Total Revenue Hours Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD Operating ROUTE NUMBER Days REVENUE DEADHEAD DEADHEAD MILES PER HOURS MILES LOOP Total REVENUE Total Deadhead Deadhead Total Revenue HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Total Revenue Hours Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours April 2018 Number of Days Saturdays 4 Sunda s 14 Total Days 8 TOTAL Revenue Deadhead ROUTE HOURS Hours Hours 88 162.81 154.31 &50 162.81 154.31 8.5( TOTAL Revenue Deadhea MILES Miles d Miles Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours SATURDAY Total Total TOTAL Revenue Deadhead ROUTE HOURS Hours Hours 88 Missed Service Total Total TOTAL Revenue Deadhead MILES Miles Miles 83.05 78.55 4.50 942.10 888.10 54.0 Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours SUNDAY Total Total Total Total TOTAL Revenue Deadhead TOTAL Revenue Deadhead ROUTE HOURS Hours Hours MILES Miles Miles 88 79.76 75.76 4.00 79.76 75.76 4.00 Pasadena Route 88 Transit to Trail MONTH: PASADENA ROUTE 88 TRANSIT TO TRAIL MONTHLY MILES & HOURS REPORT REVENUE & DEADHEAD REVENUE Total Total Operating DEADHEAD DEADHEAD MILES PER REVENUE Total Deadhead Deadhead Total Revenue Revenue ROUTE NUMBER Days HOURS MILES LOOP HOURS REVENUE MILES TOTAL HOURS TOTAL MILES # OF LOOPS Miles Hours Miles Hours GRAND TOTALS Total Total Total Total TOTAL Revenue Deadhead TOTAL Revenue Deadhead ROUTE HOURS Hours Hours MILES Miles Miles 88 163.81 155.31 8.50 Missed Service 1.00 1.00 - 162.81 154.31 8.50 Y.T.D. 54,173.23 52,401.69 1,771.54 (10.70) (10.70 1,846.10 1,744.10 102.00 11 585,845.99 1 555,633.20 30,212.79 600 Vine Street Suite 1400 Cincinnati, • 45202 • 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 ITEM NO. 10 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works s'EL PREPARED BY: Romany Basilyous, Engineering Manager J,;,DATE: March 6, 2024 SUBJECT: (Continued) Hearing to Review Bidder Protests and Authorize the Award of Construction Contract for the Barnes Park Multi -Benefit Stormwater Capture Project (City Project No. CIP 21-198) SUMMARY 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 additional 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 recommended that the City Council: 1. Reject the bid protest submitted by KASA Construction; and 2. If the City Council believes that Zusser Company, Inc. ("Zusser") has provided sufficient evidence to rebut the concerns that it is a non -responsible bidder, the City Council should award the contract for the Project to Zusser; 3. Alternatively, if the Council believes that Zusser has not provided sufficient evidence to rebut concerns that it is a non -responsible bidder, the City Council should award the contract to Nationwide Contracting Services, Inc. Company of Huntington Beach, CA in the amount of $17,199,044.00 (and Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc); and 4. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment. 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: Page 1 / 5 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 estimate, Contingency, Construction Management, Inspection Services $19,200,000.00 and Permits Total Construction Budget $19,200,000.00 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, concrete, 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 ControlDistrict, 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 forprojects 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 Sessionpresentation. Staff reported the completion of the plans and specifications and informed the Council that the project was ready for bid. 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. On February 7, 2024, the City Council conducted a hearing to provide Zusser and the other bidders an opportunity to address the Council regarding concerns about their ability to perform the Project. After both Zusser and KASA Page 2 / 5 issued litigation threats concerning the award, the City Council decided to continue the discussion to provide staff and the City Attorney and opportunity to reevaluate the claims, given the responses provided at the hearing 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: To ° ... �: ��TotI°D+cnruriti 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: Candor: 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. Worker Misclassifications: In addition, Zusser disputed responsibility for worker misclassifications it admitted before the California Department of Industrial Relations (DIR). Staff believes that 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 is also not consistent attributes of trustworthiness required to satisfactorily perform the contract. (See Zusser PowerPoint Document Dated February 7, 2024) 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. The accompanying Record sets forth the background of this matter and is incorporated by reference as if fully set forth herein. The hearing conducted on February 6, 2024 focused on the following: KASA Bid Protest At the February 7, 2024 hearing, KASA Construction argued: Each lower bidder allegedly listed an unlicensed landscape subcontractor and a fencing subcontractor with lower pricing who KASA specifically chose not to include because the fencing contractor's lack of experience failed to meet the contract's specifications. City staff is of the opinion that that such issues relate to responsibility, not responsiveness, and that in any event it appears that the landscape subcontractor is in fact licensed and that the fencing subcontractor is sufficiently qualified. In any event, concerns about a subcontractor's qualifications do not necessarily render the prime -bid Page 3 / 5 non -responsible, since the prime -bidder can demonstrate its responsibility by substituting in a satisfactory subcontractor if a listed subcontractor were problematic. (Clovis Unified School District (2007) 146 Cal.AppAth. 757, 767). Zusser Responsibility Issues Subsequent to the presentation by KASA, Zusser was allowed to address concerns about its responsibility to perform the Project and rebut any claims made by other bidders. Zusser's presentation focused on the following responses to staff s concerns about their responsibility: 1. Lack of Candor and Non-compliance with Requests for Documents Zusser responded to concerns about its lack of candor and non-compliance with document requests with the following: A. Zusser withheld document production on the basis of mediation confidentiality. B. The City did not obtain a negative reference from the City of Bell Gardens, the agency that awarded the contract that the City was seeking the production of documents regarding. C. The City did not provide the information that prompted its inquiry as to these documents. D. The documents are not relevant because the City lacks personal knowledge of the events. E. If the City had identified the information that prompted its concerns, Zusser would have provided the documents. F. The City did not require other bidders to submit such documents. 2. Worker Misclassifications in Department of Industrial Relations Opinion Zusser responded to concerns of worker misclassifications before the California Department of Industrial Relations (DIR) with the following: A. Zusser never admitted it misclassified workers. B. Zusser made a financial decision to not to contest the DIR findings related to the classification of workers. C. Zusser should not be penalized for agreeing to settle a DIR case, since many other contractors have done so. D. Zusser is only challenging a separate component related to pipelayer classifications and that case is still pending. E. The City has awarded other contracts to contractors with DIR claims. A copy of the Staff Report for the February 7, 2024 prior hearing, all attachments thereto, and documents submitted for the record at such hearing, and the transcript of that hearing enclosed herewith, are incorporated by reference. The Council should review this information and determine if it is satisfied that Zusser has satisfactorily rebutted the concerns and can be deemed a responsible bidder. Page 4 / 5 ALTERNATIVES 1. 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. 2. Provide Staff with alternate direction. 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. Nationwide Contract Service Agreement 2. Zusser Contract Service Agreement 3. Hearing Audio Transcription 4. Zusser PowerPoint 5. February 7, 2024, Staff Report 6. The Record 7. DIR Page 5 / 5 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 6th day of March, 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: RECITALS 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: 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 (25yo) 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 Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, 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 at 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 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. 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: Comprehensive General Liability Insurance ��,uuu,uuu per occurrence combinedt single ►emit W (including premises and operations) Contractual Liability Insurance Products $1,000,000limit O Liability Insurance Comprehensive Automobile Liability $2,000,000 per occurrence combined single limit W Insurance (includes owned, non -owned, and hired automobile hazard Professional. Liability Insurance (providing $1,000,000 limit () for a one year discovery period) Workers' Compensation/Employers' Statutory $2,000,000 per occurrence (X) Liability Insurance 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. • C 0N9 �\9 N 9 076C 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: (Print Name) Signature: Title: Address: ATTEST: City Clerk M By: Signature: Title: Address: (Print Name) CITY OF BALDWIN PARK, a municipal corporation Emmanual J. Estrada, MAYOR APPROVED AS TO FORM: City Attorney 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 6th day of March, 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Zusser Company (herein "Contractor"). The parties hereto agree as follows: RECITALS 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: 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 Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, 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 Eighty -Eight Thousand Four Hundred Eighty -One Dollar ($17,088,481.00) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at 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 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. 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: Larisa Sass 528 Palisades Dr. # 504 Los Angeles, CA, 90272 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 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 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 bnlocating, repairing damage not caused by contractor and removing or relocating such unidentified utilityfacilities, including e i nt 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 iothis Agreement requires exom/udmnsmore than. four @\ feet in depth, the following shall apply. o) Contractor shall the following conditions are disturbed, notify material that Contractor believes may bematerial that is hazardous waste, medefined bnSection 25Il7ofthe Health and Safety Code, that im required toberemoved touClass L C|aeal1, orClass III disposal site inaccordance with provisions ofexisting law; (2)Subsurface orlatent physical conditions at the site different from those indicated; or (3)LTnknovvn 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 tnthe contract. b\ City shall promptly investigate the conditions, and ifbfinds that the conditions do materially sodiffer, mdoinvolve hazardous waste, and cause adecrease ozincrease boContractor's cost of, octhe time required for, performanceofany part ofthe 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, atits sole cost and expense, in form and content satisfactory entire term orthis Agreement including any extension thereof, the following policies ofinsurance: Comprehensive General Liability Insurance �,,),uuuuuu per occurrence combinect single innit W (including premises and operations) Contractual Liability Insurance Products $1,000,000 limit O Liability Insurance Comprehensive Automobile Liability $2,000,000 per occurrence combined single limit W Insurance (includes owned, non -owned, and hired automobile hazard Professional Liability Insurance (providing $1,000,000 limit O for a one year discovery period) Workers' Compensation /Employers' Statutory $2,000,000 per occurrence Liability Insurance 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: Larisa Sass 528 Palisades Dr. # 504 Los Angeles, CA, 90272" 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: (Print Name) Signature: Title: Address: ATTEST: City Clerk M By: Signature: Title: Address: (Print Name) CITY OF BALDWIN PARK, a municipal corporation Emmanual J. Estrada, MAYOR APPROVED AS TO FORM: City Attorney ,m866.999.8310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF BALDWIN PARK, CALIFORNIA CITY COUNCIL REGULAR MEETING FEBRUARY 7, 2024 AWARD OF CONSTRUCTION CONTRACT TO NATIONWIDE CONTRACTING SERVICES, INC., FOR CITY PROJECT NO. CIP 21-198, BARNES PARK MULTI -BENEFIT STORMWATER CAPTURE PROJECT Transcribed by: Diana Sasseen CSR No. 13456 Job No. 10136338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR ESTRADA: Okay. So we are on to the next item, and that is Item Number 22. Hearing to review bidder protests and authorize the award of construction contract to Nationwide Contracting Services, Incorporated, for City Project Number CIP 21-198, Barnes Park Multi -Benefit Stormwater Capture Project. Enrique, and you can take this on. CEO ENRIQUE ZALDIVAR: Yes. I'll introduce the item, Mayor. Thank you. So you know this long rain event I think is actually (inaudible) illustrating what the purpose of this project is because, you know, with all the storm runoff, this project will take advantage of the fact that we will allow stormwater to be captured and infiltrated in the ground to replenish the aquifers. So the merits of the project couldn't be more evident than in this current storm. And the project is going to take water diverted from the storm drain, bring it into this huge vault, if you will, big cistern, and then have the water infiltrate in the ground. And the soil here in Baldwin Park is perfectly (inaudible) for percolation and infiltration. So the objective is to capture the water, bring it into this huge cistern, have it infiltrate in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the ground, empty out the cistern, and then be ready for the next storm. So that's the theory behind it. But for as long as we're not able to build it, we cannot capture the water. So there's urgency, you know, to get the project going, thus the need to consider potentially awarding the contract to one of the bidders today, and then be able to get that feature underground. Not to mention the (inaudible) other benefits that come with the project, which is essentially renovation of the park, which -- Barnes Park, which will include a dog park and other amenities that Manny and his department are actually waiting for and so are the residents. So, you know, the bids were open in October, although that is publicly noted as, you know, then there's the cost of the (inaudible) in vetting the contract, the bidders due diligence in terms of their track record and what have you. And so what you have in the staff report is a recommendation that the award be given to Bidder Number 2, in that Bidder Number 2 is essentially the responsive, responsible bidder, and that is a criteria by which a construction contract now be awarded to the lowest responsive, responsible bidder. So we as staff have deemed Bidder Number 2 to be that. So that's the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recommendation. Bidder Number 1 and Bidder Number 3 have filed objections, are contesting the recommendation, and you will have the opportunity to hear from them today. We do have a staff presentation that Romany will start us out with, and it will describe the project and is it also describe some of the bidder type of interactions we have got since the opening of the bids. And we also have our legal counsel Grant who will provide some of the legal information as well. So, Romany, if you can run the presentation. ROMANY BASILYOUS: All right. I will try to do this as short as I can. So good evening, Mayor, Council Members, city staff, members of the audience. Today I would like to give you a presentation about Barnes Park Stormwater Capture Project. So the content of this presentation, I'm going to go first discuss the project cost and funding, then construction time line, project features, project improvements, bid opening, and we're going to talk about the hearing for tonight. So construction cost for this project is about 17 million and around 200,000. And the contingency is about 2 million, which is going to be contingency, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 construction management, inspections, and permits. Total cost of the project is about 19 million and 200,000. We received a grant from the Safe and Clean Water Program for about 14,700,000 which represents about 72 percent of the fund of the project. Also, we received about $3 million from Proposition 68 will is going to present about 15 percent of the funding of the project, and finally the city will be leveraging an additional $2.8 million from local funds like Measure W and Quimby, which will represent about 14 percent of the cost of the project. Construction time line, we advertised back in September 25th of last year, bid opening November 14. If as the council members tonight give us (inaudible) project, we are estimating to start in March and complete the project in September, October of next year. Project features. This project will capture from runoff from a drainage area of over 440 acres in size, will capture over 5 million gallons of stormwater per each event, stormwater will be percolated for groundwater recharge. It will reduce pollutant, and protect and restore urban watershed health. This is a one -minute video also to remind the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what we -- the project, how it going to look like at the end, and we -- this project, as our city manager mentioned, it's not just for stormwater, but we're looking into have (inaudible) grounds, basketball courts, and a lot of dog park and several improvements. Oh, bid opening. Bids were publicly opened on 14. The following is summary of the bids First is Zusser Company at about 17,088,000. Second, Nationwide Contracting at 17,199,000. Kasa Construction, third at 17,350,000. Ford at 17,931,000. As we can see the lowest four bidders are very close to each other. Fifth is Stacy and Witbeck at 19 million, and finally Ortiz Enterprises at 21 million. That brings us to tonight's hearing. So after reviewing the bids and investigating the qualifications of bidders, staff found evidence that concerning Zusser and reflects upon the responsibility to perform the project. And here are the two reasons: Zusser did not demonstrate candor in responding to city inquiries into qualifications; and second, in addition to that, Zusser disputed responsibility for worker misclassifications it's admitted before the Department of Industrial Relations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On November 20, 2023, City received a bid protest from the third lowest bidder against the first and the second bidders. Staff recommend to determine that Zusser is non -responsible bidder and approve and award the construction contract to Nationwide. Finally, 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. And that ends the presentation and beginning of the hearing. Thanks. Also, we have many documents. Are Zusser counsel here? You have new documents for the record. So we also have new documents going to present to our city clerk to be added to the record of the project. MAYOR ESTRADA: All right. So before we start the hearing, we're going to take a 10-minute recess and we're going to give Zusser time to review the documents. And that would also give us time to independently review the documents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ROMANY BASILYOUS: Sounds good. MAYOR ESTRADA: All right. So we will reconvene at 9:40. (Recess.) COUNCILMEMBER DAMIAN: Hey, David, they're ready. The Mayor asked if you could start recording. DAVID MORTENSEN: Okay. Standing by. I've got to have Mark unmute. COUNCILMEMBER DAMIAN: Thank you, David. MAYOR ESTRADA: We were presented with some documents. And I'll have Grant and Romany talk a little bit about what was just handed out. But just for the benefit of the council, I want to make sure that you follow with the outline of the hearing that is being proposed in the staff report. That is what we'll be following. That's on page 4 of the staff report. And so we are on the Section 1, accept staff report and questions to staff. Before we open the hearing, we're going to hear from Grant and Romany about what was just passed out though. GRANT ORBACH: So two documents were distributed to council and given to the clerk for the record. The first document is an e-mail exchange 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 between counsel for the city and counsel for one of the protesters, or one of the parties involved, just to make sure we have a full record of that. And the second document is a decision of the Department of Industrial Relations that is relevant to the discussion in the staff report about an admitted prevailing wage violation, and specifically with respect to page 25 of said document in the final paragraph. MAYOR ESTRADA: Grant, Romany, is that the case that was appealed to the (inaudible) where there was a hearing today? GRANT ORBACH: Correct. MAYOR ESTRADA: That's in your documents, the writ that was filed. But there was a hearing today apparently. We'll see if they can let us know what happened. Thank you. All right. So we will open up the hearing. And the first presentation is from Kasa. AMANDA MARUTZKY: Good evening, my name is Amanda Marutzky. I am an attorney with Watt Tieder in Irvine. I'm legal counsel for Kasa Construction, the third lowest bidder. Kasa first and foremost wants to thank the city, the Mayor, the council members, and the staff for the opportunity to speak to you directly about what we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe is a valid and legally supportable bid protest against both the first and the second bidders, Zusser record that you have with all of the grounds to reject both bids and find both to be non -responsible bidders, but I want to point out a few things that we want the city to consider or rather reconsider. First as to the issue of responsiveness. The staff report says, quote, a public agency can waive an irregularity in the bids if it is considered non -material and does not give a party an unfair advantage. In this bid protest, process, Nationwide and Zusser had an unfair advantage. They each listed an unlicensed landscape subcontractor and a fencing subcontractor with lower pricing who Kasa specifically chose not to include because the fencing contractor's lack of experience failed to meet the contract's specifications. Now Nationwide, the number two bidder, claims that there was no unfair advantage because they would not have been able to withdraw their bid by listing the unlicensed sub, but this ignores the other factors that courts in California consider when deciding whether or not there was an unfair advantage, namely, did it affect the bid price. Here there's no doubt that listing these 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two subs affected the price of the bid. And an unfair advantage like this is material, it's not something that the city can just legally waive or ignore. So Kasa again requests that the city reconsider its review of the bids for responsiveness as we do intend to use all of our legal remedies to make sure that the law is followed. As to the issue of responsibility, Kasa is the responsible bidder. You're going to have an idea of how this project will go starting just by looking at the bid forms. Kasa is the only one who followed the rules and complied with the bidding forms by filling out the bond form correctly. The staff report says that whether subcontractors have required licenses is one of the questions to consider when thinking about responsibility. And as I've mentioned, both Zusser and Nationwide subcontractor was not licensed at bid time, and that's the important part, at bid time, regardless of any retroactive reinstatement that you might hear about later tonight. What has been presented to the city on responsibility have been several lawsuits involving wage classification and trust funds that the other two bidders are involved in or have been involved in that relate directly to project performance, trustworthiness, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fitness, and their capacity as bidders. You have no Zusser could only cite one freeway car accident case filed by Larry H. Parker involving one of the Kasa's employee cars that had nothing to do with the project or any project performance. So obviously this is not a comparative case having to do with any favoritism arguments that Zusser might raise tonight. Lastly, it's clear from the bid documents, the contract, and the specifications that the experience of the contractor and his qualifications to perform this important project for the city is very important. So for our remaining time I'm going to turn it over to Kasa's vice president, Mr. Sam Kasbar, who is going to speak to Kasa's experience. SAM KASBAR: Good evening, Mayor, Council, Council Members. I will say forgive me, I'm not a very good public speaker, but I could build a heck of a park. First and foremost, just like Amanda said, I think Kasa is definitely the only responsible bidder that's here tonight. In terms of our experience, if any one of you guys wanted to go to get the best seafood in town or the best mechanic, you're going to go to Yelp and you're going to see -- you're going to see who's got the best reviews, and the verbiage there kind of speaks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for itself. What I have in front of me which probably you guys have already seen, is just several letters of recommendations from public entities just like yourselves, local agencies, as well as letters of recommendations from architects as well that have designed these parks, and we've built these parks, one of which is a letter of recommendation from the designer of this park as well. So I think with just -- just with that alone, I think that shall serve as representation of who we are without really having to say, you know, anything much further than that. We've done a lot of these projects, and I don't think anybody in this room has built as many parks as I've built. Personally I've built over 100 parks myself, public parks. Typically on a project this size, you're going to see prequalifications that are done, maybe a different range of licenses that are requirement, which in this case that wasn't there. So and if it was there, I can assure you that neither one of the other general contractors that are here tonight wouldn't qualify. Kasa would qualify. THE CLERK: I wanted to make a note that we have met the 5 minutes. MAYOR ESTRADA: Okay. So we're cutting the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time limits. Just go ahead and wrap up. SAM KASBAR: Okay. Sorry about that. Thank you very much. I'll try to talk quick. We know that the bids are very tight. Between us and Nationwide it was a little over $100,000. And I think that -- besides the experience that Kasa has, of course money's a big part of this project and the budget, so I also know with our experience nobody could value engineer a project like this and save the city a ton of money with also getting the better quality of work no better than Kasa Construction. This is how we've gained our reputation in this industry and have achieved a lot of these letters of recommendation, is by providing a higher quality at a lesser cost. I think I'm done. If there's any questions, I'd love to answer them. MAYOR ESTRADA: The council has any questions, comments or concerns for Kasa, now is the time to ask them. So the floor is open to any council. If not, I want to thank you for coming out here and presenting your viewpoint. Now I will ask Nationwide Contracting to come to the dais and give us their presentation. AMANDA MARUTZKY: Thank you. SAM KASBAR: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR ESTRADA: Thank you. THE CLERK: 10 minutes starts now. CHRISTOPHER MORROW: Good evening. My name is Christopher Morrow, and I'm counsel for Nationwide. We were notified of the bid protest in December of last year. At that time we were asked to respond to a narrow scope of issues and questions that were raised by Kasa in its bid protest, which we did. We responded by the end of the year on a fairly quick turnaround. Since then, Kasa has submitted a supplemental bid protest, Zusser has raised new and additional issues, and this process has dragged out for another full month as the bidders are scouring the various bids trying to find minute details, errors, inconsequential issues raised in hopes of convincing the council to accept their respective bids. We've read the responses from counsel for the city, we understand the position. We agree with the position. We have provided the responses when asked, provided documentations when needed. We feel that we have responded with the information requested and that Nationwide's bid is responsive and Nationwide is a responsible contractor. From a big picture standpoint, the issues that are raised happen frequently on projects. Bidders will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go through another contractor's bid, try to find an error, and hope that they convince a public agency to disregard that bid and have that bid awarded to the higher -priced contractor, which in this case would be Kasa's arguments regarding responsibility and their qualifications, while interesting, are not relevant to your analysis today. The reason being is that this is a hard bid, low -bid project, that you are being asked to look at the bids to determine whether they are responsible, whether the contractor's responsible. Whether or not there's letters of recommendation, whether or not one contractor may have more projects or a bit more experience is not what the bid documents require. To be responsive to the bid documents you have to answer the questions, you have to provide the information required, which is what Nationwide did. Nationwide has the capacity to do this project, they have the requisite experience required by the bid documents, and they have listed subcontractors that they feel comfortable will be able to perform the work. The one subcontractor that they have referenced that was unlicensed is now licensed and had an issue with it's workers' comp. Under California law, a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contractor has 90 days to correct a workers' comp because an audit hasn't been completed, additional information's needed. And the statutory system is set up for that contractor in a 90-day window to correct any deficiencies and have its license retroactively reinstated. It happens actually pretty frequently. During that time period the contractors can bid on projects. There's an expectation that when that subcontractor provides that information and makes a representation that they are in fact addressing it, there's a good faith reliance that they are being provided information that's accurate. And that's exactly what happened here. ion Gilmer Construction was trying to resolve it. They didn't do it within that 90-day window, and their license was temporarily suspended. In January they resolved it. Had they resolved it in that 90-day window, their license would have been retroactively reinstated to September and they would have been able to perform work on this project. It's usually not very complicated to resolve a workers' comp issue. And in this instance we believed, based on the representations from our subcontractor, that's what was going to occur. With respect to Nationwide's experience, they 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have experience on doing park projects; we've provided that information, we've provided a letter of recommendation, and we're here to answer any questions you have regarding their experience. I have both owners of the company here next to me that can address any concerns that you have. We agree with the staff's recommendation, and we're here to hopefully move forward with this project. And they look forward to partnering with you to make this a successful project and to move forward. MAYOR ESTRADA: All right. Thank you. Is there any questions or comments from the council? Now is your time. COUNCILMEMBER DAMIAN: Yeah, I just have a question, Mayor, for Nationwide. Thank you for those comments. How many parks have you guys built? What kind of experience do you have with parks? LUICCI NADER: We've built over six parks so COUNCILMEMBER DAMIAN: Did you say six? LUICCI NADER: Yes. COUNCILMEMBER DAMIAN: Six parks. Okay. So would you say that this is one of your strong points? LUICCI NADER: Yes, sir. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sorry. This is president of Nationwide contracting Luicci Nader. And this is definitely one of our strong points. When we talk about qualifications, we can list more -- a lot of projects that we are more than highly qualified for. COUNCILMEMBER DAMIAN: And in particular you mentioned that you guys have built six parks. When or what year did you start building parks? UNIDENTIFIED SPEAKER: 2011 was the first park we did. That was Anaheim Energy Park. COUNCILMEMBER DAMIAN: Perfect. Thank you so much. MAYOR ESTRADA: All right. If there's any other questions, comments from council? If not, thank you for being here today. I am going to ask you to take a seat. And I will ask Zusser, to come up to the dais. MARION HACK: Good evening, Council Members. My name is Marion Hack and I represent Zusser. And I'm here with Misha Fyodorov and his son Anton Fyodorov who are the owners of the company. I was told I was not going to be able to present a PowerPoint but I should bring one that I'm going to work off of. So here's my PowerPoint 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 presentation. How many do I need? I do. One, two, three. MAYOR ESTRADA: Just make sure you talk into the mic so that way council can hear -- MARION HACK: I'm sorry, you can't hear me? Can you hear me now? MAYOR ESTRADA: Yeah. We have a virtual -- MARION HACK: So what I'm going to do is I'm going to walk through the PowerPoint, and you'll have it in front of you so you can walk through it with me. Are we ready to go? All right. Good to go? All right. Thank you so much. First of all, I would like to thank you for giving us the opportunity to speak tonight. First of all, I think you're very fortunate as a city to have actually three great bidders bidding on this project and wanting to do this project so badly. I want to introduce who my client is. Zusser is a family owned business. There's three members of the business basically, father, mother, and son, who immigrated to the United States and started this company. This is very important to them, this particular situation extremely important to my client because this amounts to a disbarment. This is an issue where you're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 disbarring my client and saying they are unable to perform this work on this job. And this has significant consequences going forward for my client. This means that other public entities could potentially claim because your actions here tonight make them non -responsible, then other agencies may make the same claims in the future. So my client has to fight this very hard because of the significant consequences this will have to their company. You're putting the company in a very difficult position if you make a finding here that they are non -responsible. I will note the Zussers have been in business for 20 years and have never been found a non -responsible contractor and has done countless public works contracts. So the only criteria you have here tonight is evaluating bids as counsel for Nationwide said, is that this is a hard bid situation where your responsibility under the city of Baldwin Park Municipal Code is to award to the lowest bidder. And as you've been told, there's only two ways not to award to the lowest bidder, is, one, to find that the bids are not responsive, means that the parties did not respond to the RFP and then you can reject it, although the staff recommendation has already said that all the bids are responsive, which we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agree with. The other basis is to find that the bidder is non -responsible, which is a much higher standard, because what you're saying is that the bidder is unable to perform the work that has been in the code. So I want to point out on page now 3 of my presentation that the bid spread here is about 110,000, but what the staff report did not have, and I notice it was also not in the presentation you just saw, is there's also alternatives in this bid. So when the project starts and the city would like to perform those alternatives, the bidder bid those at the time of bid. So those prices are locked in. So that's a benefit to the city, the prices are locked in. And in that particular situation, when you look at the alternatives, the difference in the bids between Zusser and Nationwide is about $575,000. The next bid by Kasa. If you went with Kasa, and you had to do the alternates, you would be talking about $1.4 million in difference. So that's a very significant swing in bids. Moving to the next page. So the staff report, and this is an excerpt from the staff report, basically sets forth what the law is regarding non -responsibility. So typical, and I'm going to focus on this, a bidder is responsible if it has demonstrated the attributes of trustworthiness as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. And that's the important point. Can the contractor satisfactorily perform this particular contract. And it goes on to say typically questions of responsibility include, for example, whether a bidder has 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 bidder's past action, such as submitting false or inflated extra work claims, demonstrate a lack of trustworthiness. Well, we're going to go through each one of Next page. First, Zusser has experience with projects of this size contemplated. In fact, they just completed almost the exact same project for the city of Bell Gardens. There's a nice picture here in here of putting the cisterns in. Remember, this is not just a park, this is actually a really important project because, as explained, this is going to capture groundwater, which we just had a lot of it just now, and then a park goes over it. So the really important aspect, and one of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reasons you have this grant money to do this new park is because you're putting in this water infiltration system. And Zusser I think is the only bidder that has recently done a project almost identical to this and completed it. It's also listed many other projects. One of the ones I wanted to point out was the Point Dume staircase replacement project. And this was fascinating because putting a staircase -- they had to put a staircase, and you can see it on a cliff there, to try to get -- they had to use this crawler machine to install the pilings in order to put this in. It was a very technically difficult project, and they performed it on time with no claims. Further, we have provided letters of December 14th, 2023; from the city of Whittier January 3rd, 2024; and from the Orange County Fire Authority, who have all worked with Zusser and had successful projects with them and consider them a responsible bidder. Second criteria, does Zusser have proper bonding capacity. They do. We have provided the letter from their bonding company not only saying they have bonding capacity but also verifying that they are a good 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contract and one they would recommend. That is their bonding company making that recommendation. And remember the bonding company is the one that's on the hook if Zusser does not perform. So they have demonstrated they have sufficient bonding capacity. Whether they have the appropriate licenses for the work? That's a given. Zusser is appropriately licensed for the work; there's no question on that. And then the last, has Zusser submitted any false claims for payment? That has never happened. And that's important because the case law -- and I'm sorry, I'm on page number 1 -- case law talking about this trustworthiness talks about contractors who have submitted false claims for payment. And I think you guys know what a false claim is. You can't submit to a public entity a false claim for payment or you'll be in violation of the California False Claims Act, up for trouble and potential penalty. And these are situations, that is when the courts have found situations where the contractor's considered untrustworthy, when they have knowingly, intentionally submitted false claims. And the other case was intention of substituting different contractors after the bid. That's call bid shopping. And that is not allowed in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the State of California. So when we look at responsibility, we look at -- I'm on page 12 -- a bidder's responsible if it can perform the contract as promised. Zusser can perform the contract as promised, they've done it before, and they can do it here. So what has been very frustrating in this particular process is that this is -- as counsel said, this has been sort of a long, drawn -out process. And there's been a lot of inconsistencies. And here Zusser is in a situation that has dire consequences and has been very difficult to deal with the fact there's been some inconsistencies as to what -- how Zusser is considered non -responsive, responsible. For example -- and by the way, I have not been dealing with Mr. Martinez the city attorney, I've been dealing -- you have outside counsel. So when I say the city attorney, I'm not referring to Mr. Martinez, I've been referring to outside counsel. We have received a letter from outside counsel stating that Zusser appeared to be non -responsible based on Zusser's substantial repeated bad faith violations of prevailing wage law. Well, that wasn't true. The city provided no evidence of repeated bad faith violations. The only evidence they had was a single DIR decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which is 10 years old and is currently on appeal and had no finding of bad faith. And then later the city -- Zusser asked the city to provide evidence reflecting on Zusser's responsibility due to the city claimed the result of reference investigation did not give the city confidence that Zusser was a responsible contractor. Well, we asked what were the results of that investigation. And we were told the city didn't contact all of Zusser's references and some of the references didn't respond. And the city never received any negative references on behalf of Zusser. So that was very strange. And then when we were asked for specific information about five projects, we provided that information. We provided all the description of the work, claims -- only one of them had claims on the project. What was the disputes? And after that we had another request to provide further information. But there was no evidence that there was anything improper on that particular project, so we were confused why are we being asked for all this information. THE CLERK: Just a note, we have reach 10 minutes, Mr. Mayor. MARION HACK: I would like to request more 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time. This is a responsibility hearing, and I need to make sure all the evidence has been placed into evidence. MAYOR ESTRADA: Let me get the okay from legal. That's fine. You can continue. MARION HACK: Thank you. All right. So now we get the staff report and now we understand the basis for the non -responsibility. And the first basis is Zusser did not demonstrate candor in responding to the city's inquiries. Well, first of all, I just went through what the factors are. Lack of candor is not one of them. It's whether you can perform the contract in question. And we asked very specifically to counsel, like where's your legal authority that candor, a lack of candor has anything to do with responsibility? They could provide none because there is no legal authority for that. And, in fact, Zusser did provide candor. When they first asked for documents, we had an issue because we were currently in a mediation. We could not provide the documents that we had in mediation with the city of Bell Gardens. And the reason we can't do that is there's a law specifically on that point. Evidence Code 1119 says all documents and communications in a mediation must remain confidential. So we cannot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provide our mediation briefs on that. But we did provide, page 16, an outline of what happened on the project, which we explained that there were some claims on the project, we explained some of the claims on the project, we explained where it was; but there was no lawsuits, no demands or arbitration or other legal actions had been filed. We also included the city of Bell Gardens as a reference in our bid. And we've asked did the city call the city of Bell Gardens and ask. We've listed them as a reference. Did you get a negative reference from them? I don't -- we don't know because the city staff has not told us whether they either called or got a negative reference. We have no idea. So we just have to assume that the city of Bell Gardens was called and no negative reference was received on that project. So we've asked five separate times for evidence. And this is important because we're in a hearing here today. And this hearing is sort of a quasi judicial proceeding. And in that type of hearing, according to the Supreme Court on this, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 result of independent investigation. So we asked what evidence have you received from the city of Bell Gardens, that either you received from them or adduced from your investigation that had any bearing at all on Zusser's responsibility? They could provide no evidence at all. And we asked not just once, we asked four times for this evidence. So what we told the city is that there are thousands of documents on this project, we have -- and I'll explain later -- we have hours and hours of video footage. We are fine, we will be happy to provide any documents you want that has to do with what you've learned about the city of Bell Gardens. If the city of Bell Gardens, there's something on that project that is informing the city's decision to decide that Zusser is non -responsible, tell us what it is, and we will rebut it. That's the standard here. That's the legal standard. And we've asked and asked and asked, and we don't get that information. And we're entitled to that information. And there would be -- even if we provided the documents, there would be no way for the city to even assess the documents, because they have no personal knowledge as to what happened at the city of Bell Gardens project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So if the city has any information regarding that project and it goes to Zusser's responsibility, first they had a requirement to tell us; second, if that was the case, we would have responded and provided every document you wanted regarding that issue. Here's the problem: This request is wholly improper. When bidders bid on a project, they bid according to the criteria found in the RFP. All right? The city has now added a different criteria in order to be considered the winning bid that's only specific to Zusser, the requirement to produce documents, because there's no other requirement, the city of Bell Gardens project has nothing to do with the responsibility because the city has made it very clear they have no evidence of anything that happened on that project has anything to do with responsibility, but now they're saying you must produce those documents. The RFP does not have this requirement to produce those documents, and they have no legal authority to require us to produce it. And that means Zusser is having to do an extra step that none of the other bidders have had to do. And there's a case directly on point that cities cannot change the bidding criteria after the bids have come in. They can't add a new criteria in order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to -- in fact, this is a case where they got five bids basically, and I'm going to give it to you (inaudible) Disposal, and they changed the standard after the bids were open to make sure the preferred bidder got the job. That's the problem. If there is a requirement in the RFP that we would be subject to an audit on any job, then we would have had to provide those documents, every bidder would have had to provide those documents. But no, in this particular case the only bidder that has had to provide extra documents that are not required in the RFP is Zusser. And regardless of whether that's favoritism or any other criteria, the courts will say that you can't do that because it gives the appearance of impropriety. Public bidding is very, very important to keep -- it's almost sacrosanct I think one of the case says, you want to make sure you have an even and fair playing field. When you put a requirement on one bidder that you don't put on any of the other bidders, that playing field all of a sudden is no longer there. And in page 21 I've basically put the quote case. The case was the -- the bidder that won awarded the franchise; this was a franchise contract on the basis of favoritism, fraud, or corruption, because 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the record doesn't show that. But the fact that the bidders were misled and did not compete on a level playing field opens the door to such possibilities, and that is enough to warrant judicial intervention. Going to the second issue. This one is very odd. We don't quite understand this one. So Zusser is being determined non -responsible for workers misclassifications it admitted before the Department of Industrial Relations. So first, let's back up. On page 25 of what you were just sent out, Zusser does not dispute the misclassification of workers to perform work for the operating engineers and labor classifications, it does not dispute the DLSA's determination that Zusser underpaid workers as cement masons. We don't -- we didn't dispute that with the DSLE. We didn't admit to it, but we didn't dispute it. We've never admitted that we misclassified cement workers. In fact, we still believe today we did not misclassify those workers, but we didn't dispute the responsibility for that. There was a financial decision made not to contest the DIR's findings on cement workers and it's not a concession or agreement. Now, let me explain why, because it's in the same decision. The reason why they didn't is because the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 monetary value wouldn't be worth it. If you go to page 21, the second full paragraph, the finding was the workers -- okay, the workers should have been paid $32.30 per hour. The DSLE found that they were paid -- they were only paid $31.85 an hour. The underpayment was 45 cents an hour. This added up to almost a minuscule amount of money that the DSLE found that there was an underpayment. When you go to page -- THE CLERK: Mayor, at this point we have now reached 20 minutes. MARION HACK: What? I'm sorry, did I miss something? MAYOR ESTRADA: So we've -- the 20-minute mark, so we'll give you just a couple of minutes to wrap it up. MARION HACK: The problem is we're in a hearing, and this is -- I have to be able to present my evidence. I don't have a choice. I think counsel will agree I'm sort of stuck in this one. I'm going as fast -- CITY ATTORNEY MARTINEZ: No, we do, and we're just asking you to plow along and get this done. MARION HACK: I'm plowing along. I'm going -- CITY ATTORNEY MARTINEZ: Because they're going 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to have questions afterwards. MARION HACK: I'm going as quick as I can go. So on page 27, the liability for the -- so there's two issues, underpayment -- what happens if there's an underpayment in the wages, there's usually an underpayment in the fringe benefits. And we had an underpayment of 1700. So the amount of total in controversy was $5,000. So, and also one of the workers passed away. So the reason why we didn't dispute it is because it just wasn't financially worth to hire attorneys to go down that road. But we certainly are taking responsibility for it, we're paying those amounts. And I want to point out one thing that we did t. We took so much responsibility for it, we implemented a plan to never have this happen again. So we put together a -- if you look on page 24, 25, and 26. So the issue is classification of workers. So what happens is, if someone can be classified as a laborer but they could work on equipment in one day, so the equipment rate is higher than the labor rate. But one worker can do both jobs during a day. So what Zusser did is they developed their own time card app where the workers enter all of their time, what they did, how many hours they did it for. Then 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they have a -- a solar -operated camera on site that takes pictures every 15 minutes to make sure that what the employees are entering is accurate. And then the employees then at the end of every week sign time cards verifying the issues of classifications. And this happened 10 years ago, this cement issue. And since then this has been hugely helpful to make sure there's never been another issue with a misclassification. And this has been what Zusser has done to prevent this. So not only have they paid the issue, paid the issue on the fines, the negligible amount, but they implemented procedures to make sure this happened again [sic]. So ending, when we talked about -- one of the issues is favoritism, and the reason why we brought up that the issue of favoritism is important, is because DIR issues come up with a lot of contractors, and this board, this council has awarded contracts, several contracts, we've pointed out, who they were, all American Asphalt and PCN3, they've all been awarded contracts with DIR violations. And then we also pointed out that the other companies, Nationwide and Kasa, also had issues. They had an issue with a trust fund lawsuit, they had an issue with -- Nationwide has three issues with lawsuits, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Kasa had one. We are not saying that any of those bidders are non -responsible because they have lawsuits, we're not making that accusation, because all of these businesses have been in business for years and that happens in business, you have lawsuits, things happen; that doesn't make you non -responsible. What makes you non -responsible is not being able to perform the work that you bid for. And here Zusser is able to do that. And in final, you know, this is a really important issue to my client. If the finding is that they're non -responsible, Zusser has no choice, we're going to have to file a lawsuit. I don't say that in any threatening way, I'm just saying we have to because we have to protect the reputation of the company. This is a family company. They can't have a finding of non -responsibility on their record. It just can't happen. So the city by picking Zusser will save $110,000 and it will save a lot of other angst that it doesn't need either. CITY ATTORNEY MARTINEZ: I just want to make sure that you covered anything you needed to cover with respect to the comments that were made by Kasa. MARION HACK: By who? Kasa? CITY ATTORNEY MARTINEZ: Kasa. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARION HACK: Well, yes, I've covered all of it. I think counsel also covered the issue because the same subcontractor as the Glimmer Contractor they listed. CITY ATTORNEY MARTINEZ: Okay. MARION HACK: So I wasn't going to repeat myself. CITY ATTORNEY MARTINEZ: Want to make sure. Want to make sure. MARION HACK: Yeah, that's the -- it's the same contractor. And counsel is correct, it's a very common issue that happens in all contracting with the workers' comp. I didn't want to repeat that one. MAYOR ESTRADA: Are there any questions from council? COUNCILMEMBER AVILA: Mayor. MAYOR ESTRADA: Yes, Council Avila. COUNCILMEMBER AVILA: You keep mentioning Bell Gardens. What exactly happened there that you keep mentioning Bell Gardens? MARION HACK: Okay. So Bell Gardens is -- okay. So that's the -- so the Bell Gardens project is the same one that you're doing now. They just finished that project for the city of Bell Gardens. And it's the same -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 How many cisterns did you put in there? Yeah, so it's actually triple the size of this particular project. It's very similar. You put the cisterns and then you put the park over it. And they -- we just finished -- Zusser just finished that job. The reason I keep asking about city of Bell Gardens is, I'm sorry, because city staff asked us for records on city of Bell Gardens, and we provided an explanation of what happened on the project and the issues that were going forward, but we just asked if there was any negative inference, like did we do anything wrong on that project that we have to deal with here. COUNCILMEMBER AVILA: All right. So you mentioned it. So what happened? What issues happened that you keep mentioning? I mean you're just saying Bell Gardens, so what issues were they questioning? MARION HACK: So what happened on the project, the project ran late due to issues that were created by two reasons; one, the city had issues with getting the -- what happened was there was issues getting -- we had a subcontractor, a supplier that did the cisterns. And they used what's called a dry cast method on the cisterns. And the city of Bell Gardens, they're not allowing it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Yeah. So what happened -- the problem with that method, which you are not using because this is a the problem with that, and fortunately the city of Bell Gardens allowed that method and the city of Baldwin Park is not allowing that method, is that it chips badly. So they had to repair -- the supplier had to come out and repair it. And it took a very long time for the city to approve the repairs. So there was a dispute over the timing of that. And then there was other -- some claims, which I mean we pretty much settled the case. I mean we have a settlement agreement we're about to sign with them. So we're pretty much done with that. The project's done, and that was the issues we had. And that was in -- that's the information that we provided. That one did collect all the drain water because it is actually in operation as we speak. So that was the issues. COUNCILMEMBER AVILA: Also, did you appeal the underpaid workers? MARION HACK: We did on the pipefitters. So -- COUNCILMEMBER AVILA: Was that done today? You appealed it today? MARION HACK: Well, there was a hearing today, but it's -- there's no final decision. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCILMEMBER AVILA: And what was the outcome of that hearing? MARION HACK: There's no final decision on it. COUNCILMEMBER AVILA: No final decision. MARION HACK: No final decision. And that's -- actually, so according to the city, the city staff report, they're not arguing over the pipefitter issue. The issue was the cement masons, which was the one that was the 5,000 issue which we did not appeal, did not appeal that one because of the cost to do so and also unfortunately one of the workers passed away. So a witness is not available either. COUNCILMEMBER AVILA: So no decision. Today's appeal there was no decision. MARION HACK: There's no decision on today's appeal. COUNCILMEMBER DAMIAN: And I'm sorry, was that also a DIR violation for the pipefitters? MARION HACK: Yeah, it's the same issue. I mean we feel pretty -- I will tell you Zusser feels pretty strongly about the -- it's a classification issue. In other words, we're disputing the DSLE's thinking that they should be one classification; we believe that should be another classification. And it's hotly contested because Zusser believes they did 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 classify those workers correctly, and we think that the DSLE decision is wrong on that. I mean, of course, if we don't win the appeal, then we will go -- you know, we'll try to -- then we will deal with it at that point, but we'll have to pay it. You know, that's just sort of how the cookie crumbles. COUNCILMEMBER DAMIAN: So I did hear you mention about the cement workers, about the pay of 32.30 when, you know, they were getting paid 31.85, but did you forget to mention this portion in your speech or your 20 minutes that you had? MARION HACK: I'm sorry, I couldn't -- I couldn't quite understand you. COUNCILMEMBER DAMIAN: So you did mention cement and then the other issues where they should have been getting paid 32.30 an hour but they were getting paid 31.85 an hour. So you mentioned all of that, but I don't recall you mentioning anything about this appeal and the pipefitters. MARION HACK: Right. COUNCILMEMBER DAMIAN: Did you forget to mention that? MARION HACK: So the reason I didn't mention that was -- and I'm sorry I'm looking up at you because 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you're up there. The reason I didn't mention that is because it's not part of the staff decision. The staff recommendation has to do with the cement issue, it has nothing to do with the pipefitters. So that's why I'm not talking about it, because that wasn't the basis for the decision on non -responsibility. COUNCILMEMBER DAMIAN: But we're still -- we're dealing with the DIR violation, correct? MARION HACK: Well, it's an appealed DIR violation, yes. And we have a right to appeal DIR violations. I mean we're not penalized for appealing them. COUNCILMEMBER DAMIAN: My last question to you guys, to the Zusser owners, how many parks have you built and what kind of experience do you have with that? MARION HACK: How many parks have you built and what's your experience with that? COUNCILMEMBER DAMIAN: Can you go to the microphone, please. MARION HACK: Yeah, have the microphone. MIKHAIL FYODOROV: First, the most important, we build exact replica and a larger scale to the park that (inaudible), the water capturing system with pretty much the same grant funds. For over 20 years our experience we build I would say close to 70 large 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 municipal projects, and (inaudible) 70 municipal projects, they were about I would say between six and seven parks as part of our overall portfolio. COUNCILMEMBER DAMIAN: Six to seven parks? Okay. MIKHAIL FYODOROV: Yeah. COUNCILMEMBER DAMIAN: Thank you so much. MIKHAIL FYODOROV: I'm not 100 percent sure. I need to go look back, but I mean we build at least somewhere in that many. COUNCILMEMBER AVILA: So back to the hearing, were you at the hearing, Marion? Marion, correct? MARION HACK: I was not at the hearing. I'm not counsel of record for the appeal. COUNCILMEMBER AVILA: Who went to the hearing? MARION HACK: Were you at the hearing today? MIKHAIL FYODOROV: I was (inaudible). MARION HACK: He was there. COUNCILMEMBER AVILA: Unrepresented or -- MARION HACK: No. No. He's represented by counsel. COUNCILMEMBER AVILA: Another counsel. MARION HACK: There's another counsel on that. I -- I'm not -- COUNCILMEMBER AVILA: You are not part of that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hearing. MARION HACK: No, I don't handle DSLE issues. So he has another law firm that does that. It's not even my law firm that's doing it. COUNCILMEMBER AVILA: So you were informed there was no decision made. MARION HACK: I thought there was no decision. Was there any decision? MIKHAIL FYODOROV: I don't think so. MARION HACK: It was just a hearing, (inaudible). MIKHAIL FYODOROV: (Inaudible). MARION HACK: Okay. And this is at superior court, right? MIKHAIL FYODOROV: Yeah. MARION HACK: Not at the court of appeals. I guess that's what I'm trying to say. COUNCILMEMBER GARCIA: Sometimes the items -- sometimes the items are taken under advisement, right? I do have a question. I know you gave lengthy explanation of the unclassified or, you know, incorrectly classified positions and the amounts and how that has now been corrected. And that was -- I think you said it was about 1500 or so. But I'm looking at the DIR decision here. And it says the assessment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determined that the following amounts were due: 209,000 and some change in unpaid prevailing wages. So -- MARION HACK: That's the pipefitters. The problem is that in the decision it's not very -- the cement is very small, the pipefitters is much larger. COUNCILMEMBER GARCIA: But this was for a public project. MARION HACK: Huh? COUNCILMEMBER GARCIA: This was for a public project. MARION HACK: Oh, all DSLE issues are for public projects. They're always the prevailing wage issue. COUNCILMEMBER GARCIA: Yeah. MARION HACK: And the issue here -- I mean, we could go into a long dissertation of why we think that is an incorrect decision because basically it's one pipefitter as opposed to another pipefitter and we believe we had the right classification as to the pipefitters. We still believe we have the right classification as to the pipefitters. And I think we should be allowed to argue that. You know, we have free speech rights to do that. COUNCILMEMBER GARCIA: Right. Of course. And, you know, we're here to listen to it, but 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think for the city we do look at projects holistically, you know, with all the components from start to completion. So I think it's relevant. MARION HACK: I will remind you it was a 10-year-old project, and Zusser put into place mechanisms so that wouldn't happen again, so they wouldn't be in that situation. So an irresponsible contractor wouldn't have done any of that, and Zusser has done that and since that time period has been found to be responsible on -- I mean, you know, dozens of contracts, including the references I provided, and they were responsible to do the city of Bell Gardens's project. It's the same project here, just three times larger. CITY ATTORNEY MARTINEZ: (Inaudible). MARION HACK: Right. So I mean I'm not sure -- that's why this is -- non -responsibility is a very tricky thing to say that a contractor is non -responsible because it keys up -- well, first of all, we're entitled to a hearing, we're entitled to a quasi jurisdictional, that's why we're here, but if it goes forward, then we're entitled to a writ of mandate. And then it goes forward from there and there. I mean that's what -- it's very unusual let's say -- when you look at the report of decisions on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contractors being found non -responsible, the reasons here aren't those. They're serious, serious violations. One, they cannot perform the project, they don't have any experience doing this, or B, they've committed fraud. You know, that's the decisions you see. You don't see something in this particular -- there's no decision that said a contractor's non -responsible because they have had a DIR violation. Because if that was the case, then a lot of contractors wouldn't be able to do this because misclassification issues come up all the time. That's why you've hired contractors who have had the exact same issue, because it would be hard to find people that don't have it. What happens is you pay, you know, you pay the fine or whatever the issue is and you move forward. Or you do what Zusser did, is try to prevent that from happening in the future. CEO ENRIQUE ZALDIVAR: On the issue -- on the issue of the cement finishers, in retrospect, you think it was still the right decision to not contest an appeal, the findings? MARION HACK: To not contest it, the cement? CEO ENRIQUE ZALDIVAR: Right. You made a decision of convenience, financial convenience, and yet we're finding you non -responsible for that reason. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARION HACK: Well, you know what, you're kind of saying to contractors you have to fight everything and you can't make any business decisions. If you get a parking ticket, for example, and you think you're right, right, but to appeal it would be this huge effort and everything, you just plead no contest and say I'll pay the fine and I will go. When you're talking about $5,000, are you saying that Zusser should have spent hundreds of thousands of dollars on an attorney to fight it when really they just take responsibility, pay it, and move forward with their businesses? CEO ENRIQUE ZALDIVAR: The responsibility being that you did something wrong. MARION HACK: We take responsibility -- it's a responsibility, pay the violation, and make sure that it doesn't happen again, and put everything in place so it doesn't. But if the standard is that if a contractor has a DIR violation and they pay, which you have hired many contractors who have done just that, then every contractor is going to have to appeal every DIR decision or they're going to be found non -responsible. I mean, the cost to contractors in this state, I don't think 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anybody in this room would think that would be a good idea because it's great for attorneys, but terrible for businesses. Sometimes stuff happens in business, I mean sometimes you just make a mistake and you have the wrong classification. If you make a mistake, does that make you a non -responsible contractor? I mean these are class- -- these are hard classifications, you know, people make errors. I just don't think that should be the standard going forward because then every -- if you have a car accident, where does this end? You know you have to appeal everything and never admit responsibility. How about just admit it, just say we're not going to dispute it, we'll pay it and move forward. It saves the state a lot of money by the way too, it's not just us. So I don't -- I don't know, if that's the standard, I don't think anyone could meet it. MAYOR ESTRADA: I mean one of the more -- I think one of the more obvious questions is if you're in litigation with city of Bell Gardens, why did you list them as a reference? MARION HACK: Why not? MAYOR ESTRADA: Because -- MARION HACK: It's a great project. I mean we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had disputes. MAYOR ESTRADA: (Inaudible). MARION HACK: They're proud of it. MAYOR ESTRADA: I think at the beginning you said you couldn't talk too much about it because you're in litigation. So I'm assuming that if we tried -- I don't know, I wasn't there, I didn't make the call, but I'm assuming that if I tried to reach out to Bell Gardens, they would tell me the exact same thing, that they couldn't talk about this because it's in litigation. MARION HACK: We're not in actual litigation. We have a dispute. MAYOR ESTRADA: So Bell Gardens passed Resolution Number 2023-42, right? And it talks about the project wasn't -- it wasn't just with Bell Gardens, it was through JPA of the Gateway Region Integrated Watershed Management. There was -- involving multiple cities. Right? So there's a resolution of the city council of the city of Bell Gardens, California, approving a project neutral agreement -- MARION HACK: Funding goes through (inaudible) . MAYOR ESTRADA: Yeah, beyond the point, but -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so it says the resolution -- a resolution of the city council of the city of Bell Gardens, California -- and this is just me Googling it now, right, so this isn't anything that anybody gave me, for the resolution of disputes regarding the John Anson Ford Park Infiltration Cistern Project, which is the project you're referencing, right? So in that -- what I'm reading here is that -- I want to make sure I find the right part. The city contends that delays have been due to a combination of Zusser's performance, weather delays, deficiencies in the precast concrete installation, and Zusser's staffing and prosecution of the work in a timely manner among other issues. So they passed the whole resolution contending that they kind of put the blame on you. MARION HACK: We understand there's a dispute, but we also have a settlement agreement with them where they're taking responsibility for many of these issues. I can't share the settlement agreement because it's not completed, but they're actually taking responsibility. So I mean if you -- this is why -- this is a hearing. MAYOR ESTRADA: I know. MARION HACK: There was an issue with this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 project and there was like -- you wanted to talk about we would come in and we would relitigate that project here and we would show you why we're right and we've got all this video of why we're right. So that's why we don't -- this is why I've been asking so long for this information. MAYOR ESTRADA: Yeah, that's what I'm saying. You're telling me you can't tell me details; why would we expect that Bell Gardens could tell me details? MARION HACK: Why wouldn't they tell you details? MAYOR ESTRADA: Because you're in litigation. MARION HACK: So we're not in litigation, we -- MAYOR ESTRADA: There's confidentiality in what you're currently negotiating. MARION HACK: We're currently in negotiation, absolutely, there's confidentiality, but -- MAYOR ESTRADA: Of course. MARION HACK: -- but as to what happened on the project, the city of Bell Gardens could have given us a bad reference. Did they? MAYOR ESTRADA: I didn't talk to them. MARION HACK: Did no one talk to them? MAYOR ESTRADA: I'm just asking, based on what I know, me, if I'm in litigation, I can't talk about 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something, but I wouldn't go and ask the other party to talk about it; or if any sort of claim going on, I wouldn't be able to talk about it because it opens me up to litigation. So I wouldn't expect the other party to put themselves in that position, just from my experience sitting on this council. MARION HACK: First of all, we're not in litigation. I want to be clear. There's no Complaint filed. MAYOR ESTRADA: Maybe I'm using the wrong term. Just claims and going back and forth based on discrepancies and the scope of work met. I won't use the word "litigation." What I'm saying is -- that's what I'm saying. MARION HACK: Well, again, if they provide a bad reference and if -- and by the way, you could do an independent investigation, you could provide that evidence, and we would have been here today rebutting it, but that evidence hasn't been provided, and here we're on the fly and you're reading things off the Internet. I mean -- MAYOR ESTRADA: Well, I'm reading a resolution, it's not just off the Internet, it's off their agenda. MARION HACK: No, I understand that. But do you understand the problem with that? We're having a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hearing today. It's a judicial hearing. The Supreme Court has been very clear that the city has to provide this evidence prior to the hearing so we can rebut it. MAYOR ESTRADA: I understand. So I just -- you kept bringing up Bell Gardens, so I looked it up and see what I could find on the fly. MARION HACK: I understand. The city brought up Bell Gardens anyway, so they asked for documents. Again, I asked why you want the documents. MAYOR ESTRADA: So that's -- MARION HACK: Maybe that was the reason, they just didn't tell us that. MAYOR ESTRADA: Yeah, I don't know. So those are all questions for anyone on staff, that's (inaudible) of course. We're not a part of the daily operations, so we weren't part of that process. COUNCILMEMBER DAMIAN: But if I may, Mayor, but it's also our job to do our due diligence and to make sure that the municipality is able to look at the work history and what you've done in order for us to grant someone a almost $18 million project. I mean we can't just go and hand it out, we have to do our own due diligence as well. So, Mayor, are we done with the public hearing or -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNCILMEMBER GARCIA: I actually have a question. I have a question for Romany, our staff. Did we make contact with the city of Bell Gardens? GRANT ORBACH: I would recommend Romany not get into issues. I would recommend that Romany not get any issues to respect the due process rights of Zusser here, that whether or not there were communications with Bell Gardens, they're not being tried for any responses. That's not for the council. COUNCILMEMBER GARCIA: Could I ask as part of our due diligence, did we reach out to Bell Gardens? ROMANY BASILYOUS: Yes, we did. COUNCILMEMBER GARCIA: Okay. MARION HACK: That's the first I'm hearing that. I asked that question over and over again. So there's no negative reference obviously, because if there was a negative reference, we would be hearing about it. And they have no restriction in telling you how -- what happened on the project. There's no restriction. If they put it in a board resolution, I don't think they'd have any problem telling you. CEO ENRIQUE ZALDIVAR: Has the project closed out? Has it been accepted by the city of Bell Gardens 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as a completed project? MARION HACK: They've taken beneficial occupancy, and then the close out is the settlement agreement. But they've got all the -- it's all done. CEO ENRIQUE ZALDIVAR: So it has some disputed items; not litigated, but disputed. MARION HACK: They're disputed, and hopefully -- I think they're settled. So we're, hopefully, done. We've got a settlement agreement today. The city sent us their version of the settlement agreement, which is very close to what our version is looking like, so we're pretty close to being completely closed out with the city, and we provided all the documents. And honestly, it's a great project. I invite you guys to go look at it. MAYOR ESTRADA: All right. Well, if there's no more questions or comments, now is the time to entertain a motion. Or, City Attorney, if you have anything to add before we -- CITY ATTORNEY MARTINEZ: No, Mayor, only to point you to the section in the staff report that's cited as the alternatives. MARION HACK: Am I done? CITY ATTORNEY MARTINEZ: Yes. Thank you, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We provided -- staff provided three general alternatives for you. Like with all the works projects, you have the authority to reject all bids and start the bidding process over again. That's one of the options that you have. That would obviously delay the project. And we don't know what the rebidding might bring in terms of the estimated cost for the project. We also heard two threats of litigation tonight. And we've heard a lot of issues relating to what the law says about responsibility and responsiveness. You could continue this matter to your next meeting, February 21st, or even the meeting beyond, to give us a chance to evaluate some of the things that we heard tonight with you in closed session, but I should add that it's likely that the bidders would have to then contact their sureties to get extensions on their bid bonds to make sure that we could still award it, if you decided to award it after considering all the information that you heard tonight and if we continue it to the February 21st meeting or some meeting beyond that, but that is an option. And like I said, you -- you've got a basis for going into closed session, and that's the fact that you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 heard two threats tonight of litigation from two of the bidders. Or you can just provide us with -- staff with alternative direction or continue to ask additional questions; that's also on the table. COUNCILMEMBER DAMIAN: Mayor, if I may, you know, you may want to close the public hearing before we -- CITY ATTORNEY MARTINEZ: It's not a formal public hearing, so -- COUNCILMEMBER DAMIAN: Mayor, I would make a motion to request for all the bidders to extend their bonds for a month, and let's continue this conversation to our February 21st meeting so that we can -- there's a lot to discuss, there's a lot of things that were put into the record, references and all that that I didn't get to view before (inaudible). So I just recommend to make a motion to move this over to our February 21st meeting and ask the bidders to extend their bond. CEO ENRIQUE ZALDIVAR: If each of the bidders can come to the microphone and see if you're willing to extend your bid bond. And we're saying a minimum of 30 days. If you can extend to 45 days, that's even better. SAM KASBAR: Kasa Construction is willing to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 extend the bid bond contingent upon approval to our surety company, which we don't see a problem. CEO ENRIQUE ZALDIVAR: How long? 45 days? SAM KASBAR: Sure. I'm good with that. CEO ENRIQUE ZALDIVAR: Okay. SAM KASBAR: Thank you. LUICCI NADER: Nationwide Contracting is willing to extend the bid bond for 45 days. And just let the record know that all the claims that were said about qualification earlier, we supercede all those qualifications in terms of equipment, manpower, and quality control. You can contact all our cities that we worked with. Only calls you'll get back is why didn't you bid that job Luicci. And that's every time on a weekly basis, we hear from all the cities. And we look forward to being responsive bidders and starting this project with you guys soon. Thank you guys for your time and sorry for the delay. MARION HACK: We can extend our bid bond, but my concern is the next hearing date I am out of town. I cannot attend. And I am lead counsel. So you said on the 21st, I'm sorry? CEO ENRIQUE ZALDIVAR: If you extend it for 45 days -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY ATTORNEY MARTINEZ: The council may be willing to look at this meeting in -- because we have a real full closed session agenda on the 21st. CEO ENRIQUE ZALDIVAR: Yeah, so -- if it's on the 6th, because by then, you know, Sam will be back. CITY ATTORNEY MARTINEZ: We have a really full closed session agenda on the 21st, so we were going to cut it close anyway. MARION HACK: Okay. CITY ATTORNEY MARTINEZ: So vou lust made it easy for us. MARION HACK: Okay. Good. Because it was going to be impossible. Thank you. What would be the session that you guys are considering? CITY ATTORNEY MARTINEZ: The 6th. MARION HACK: The 6th of March. Okay. Thank you very much. COUNCILMEMBER AVILA: I'll go ahead and second Mr. Damian's motion. MAYOR ESTRADA: City Clerk, roll call, please. THE CLERK: City Attorney, I just want to clarify that we are -- CITY ATTORNEY MARTINEZ: Continuing the matter to March 6th. We will also add a closed session at that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 date. THE CLERK: Right. CITY ATTORNEY MARTINEZ: I'll also note, just so everybody's aware, that the decision that you ultimately make has got to be based only on the information that is before you, that is in the documents, and the information that you heard tonight. So not anything that (inaudible). THE CLERK: Councilmember Avila. COUNCILMEMBER AVILA: Yes. THE CLERK: Councilmember Garcia. COUNCILMEMBER GARCIA: Yes. THE CLERK: Councilmember Damian. COUNCILMEMBER DAMIAN: Yes. THE CLERK: Mayor Pro Tem Ayala. MAYOR PRO TEM AYALA: Yes. THE CLERK: Mayor Estrada. MAYOR ESTRADA: Yes. THE CLERK: Motion carries 5-0. (End of requested transcription.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE I, the undersigned, a Certified Shorthand Reporter of the State of California, do hereby certify: That the foregoing electronically -recorded proceedings were transcribed by me to the best of my ability. I further certify I am neither financially interested in the action nor a relative or employee of any attorney or party to this action. IN WITNESS WHEREOF, I have this date subscribed my name. Dated: 2/14/2024 Diana Sasseen CSR No. 13456 1W x 0- C) U) our CL LO 0.) LO _0 U) 0) m 0 (3) 4- 0 -a 4- L- 0 z 0 M C) 0em 07 -0 0 00 I m I im In s R �} � It I A Al ml m U� C 03 C�,i t3 75 C (30 co 00 0 co C\l}cr, Ca t �1CLt4i tU C CL M �, E 1 0 A Lo :j to m 0 w CA C Cal M �2 co 9, 4 C5 Q-w CL 0- M to I Im 'He riv 2 k... k75 *y cf Z s rq 03 0 may, g 4 Y .- �p ." " (. 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VALEY 'c�",, DATE: February 7, 2024 �'t�JAT4'L) ` 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 additional 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: 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. Page I / 5 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 1 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, concrete, 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. Page 2/5 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 Contract©r coca#ion : Total Bid Amogln# 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 this 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 Page 3/5 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 independent 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 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. Page 4/5 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. Pages/5 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: RECITALS 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: 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 (25yo) 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 Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, 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 at 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 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. 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: Comprehensive General Liability Insurance ��,uuu,uuu per occurrence combinedt single ►emit W (including premises and operations) Contractual Liability Insurance Products $1,000,000limit O Liability Insurance Comprehensive Automobile Liability $2,000,000 per occurrence combined single limit W Insurance (includes owned, non -owned, and hired automobile hazard Professional. Liability Insurance (providing $1,000,000 limit () for a one year discovery period) Workers' Compensation/Employers' Statutory $2,000,000 per occurrence (X) Liability Insurance 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. • C 0N9 �\9 N 9 076C 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: (Print Name) Signature: Title: Address: ATTEST: City Clerk M By: Signature: Title: Address: (Print Name) CITY OF BALDWIN PARK, a municipal corporation Emmanual J. Estrada, MAYOR APPROVED AS TO FORM: City Attorney m • m . Grant R. Orbach Associate 916 329-3692 grant.orbach@bbklaw.com January 11, 2024 VIA E-MAIL [MARIONMACK C�TROUTMAN.COM] Marion T. Hack Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 VIA E-MAIL [RNIESLEY@WATTTIEDER.COM] Robert C. Niesley Watt, Tieder, Hoffar & Fitzgerald, LLP 2040 Main Street, Suite 300 Irvine, California 92614 VIA E-MAIL [CNI SMTDLAW.COM 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. #I ") 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 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 encourages Zusser to reconsider its invocation 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 obstruct 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 Operating 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 miselassified workers in the Operating Engineer and Laborer classifications and underpaid workers classified as Cement Masons in connection with the LADWP Project. As to Kasa Lin #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-ev-00521" 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.AppAth 1425, 1452-53; Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.AppAth 1294, 1303 ("[T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare")). Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 11, 2024 Page 3 Sincerely, -`� Grant R. Orbach for BEST BEST & KRIEGER LLP GRO:ab Exhibit A 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. fk f The portion of ihi: work €iaat will be Biome fav , ach cuiacontrocint under [hvh act, The paeme eontnactor Oiafl h,at only one sub-contraoor for each 1p€ririon ar, is defined ::b dre prime contractor in taia ear her laid_`" 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-Muc-rlo" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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) 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 Per the Specifications section 1168 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. 3.01 INSTALLATION A. The insta11' cc>rotractrar s11all ��°cue id �rotsf cx er ence with references shades 1 . GeneralT Install the playground equipment in accordance with the manufacturer's r cornrnended procedures and installation sequence. Equipment shall be rigid, devices. 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. 5, Signature ol ContracLor a, Corps rx-ilicarr Atry l�icl trlszriitl i by Wa corer r�Aion rtatrsk rrtcli� 1 kh n�tm I t1-le and the corporate .seal must tN,2 affixed.`Other persortsrnay sign for the cor,�poralion in lieu of the above if a certified cope of a resolution of, the corporate hoard of directors sio 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. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rlo" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. judge of his responsibility, experience, shill and business and financial standing. Additional numbered pages outlining this portion of the proposal may be attached to this Page. 15148 Sierra t3onita Lane, cnino, Lalitornia y1/1u Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. L03 QUALITY ASSURANCE A. Qualifications- Demonstrate experience in hoiliculturc and landscape maintenance, practices, and techniques. Provide sufficient number ofworker°s with adequate e uipnrent to perforn-i the work during the maintenance period, 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. 1.06 QUALIFICATIONS A Manufacturer: Company specializing in manufacturing the products specified in this Section with a minimum of five (5) years documented experience. B. Installer: Company specializing in installation of chain link fencing with minimum of live (5) years documented experience. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-Muc-rllo" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com cm G -1 1 wl( ow� CONTRACTORS STATE LICENSE BOAR Contractor's License Detail for license 582487 DISCLAIMER: A ftensn, stoats check provides iniesrmation taken frorrithe CSLR license database. Before relying on this information, you should be aware of the foHowing limitations. m ZSLB—pi—t d-os—n v'� 'rcuhf o'..(?U46)4`1his erPty se.Aen me.blo tenspldint d sdoonv Cack 0, itaktharA411 apporbelaxsfe,mom ouam& R. f9niytaiteYRlt'41@ngebred iSAfUdimcnlareaoned to CSLA aex.d irsoAto iEMP7071.17 i. r .: P+rbri,3ziantsrenRP=i [,; tcssthe coduattar rarLs to eaMON.0 metsr..wia. >.:llUP9abY9P'%,i@RA[h@4ClP,9y.6S Fti�iCvBRY:nrJPPnaVOn [ha[W}asnri }@[ YACni6'PCdlni44keg .b"slicerrge 4a:ataa4<' Data current as of 11/1612023 9:16:10 AM w, JON CIt MER CDNSTRUCrION L2392 BAJA PANORAMA SAWAANA,CA92705 Busaness Pherne Nu[nber:{7L4)&,54-Si`a5 Entity Sole Ownership I..0 a gate 12(0711989 Reissue note.. 011f 18/%027 Ettere Date 0113112.024 License is under suspension for the toRovd ng reasons: a Literate is under suspenvici for failure ttr complywAld Workers Camp, Aworkers` eampensaVoin cer ificareor exemption statement may have been received by the itoard but not yet processed. once the certificate or exemption ornament is processed the suspensionw6lq be lifted retroactively to the effecne date of the cwrt'licale or exemption statement. Ask she Contractor for proof of waakar's ecru pensatia n and contact the insurance company to verify coverage :Y;a'= a A- GENERALENGrNEERING €" C27-LANDSCAPING Contractor's Bond Yhisiicnnseriled aContractor's Bond with s EST£RNSuRETYCOMPANY Bond Number. 66732858 Bond Amount: S25, Effective Datet011112(2423 Cnntraccof's Bond history This license has workers compensation ireurancow ah the WELLpLEET NEW YORK INSURANCE COMPANY Policy Ntambor rIgRiC792988 effective gia4e:09/21,l2b22 ". expire Date: 64{21(20Y3 4varkers'C4mpen5ation history ,4*& 0, CONTRACTORS STATE UCENGE BOAR OContractor's License Detail for License # 582487 WSCLAIMER: A license stattis check provides information taken from the CSL8 Heense database. Before reb,ing on this infornsatimi, you shouts! be aware of the following limitations. cklivamplmre docrestumn Arrivatona we nodisrod 'ails me. ..Y b, rn—,vadometion that hat nee b^@4 seis"Itirmil 'er the baso,%kCuss' databr. Data current as of 11120/2023 12:20:39 PM JON GSLHERCRNSTRUCTION 12362 BAJA PANORAMA SANTAANA,CA92705 Business Phone Number;E714) 8-54-5155 Enfity WeOwnerWp Issuataste 12O)TI1989 Red rrueflake 01;19"2022 EXEIIIII DATe 61131JI024 License is under its gwinsion forthe, fWkirevol riavideng P LiCente is under towarriplywch Workers. Comp, Awnikers' rampensation cortificareor eseemptrar, sratuinentmay have been received bythe Board but notystproomovi, Once doecerfificateor exemption stabimentis processed diessopenSiON wlil be, feed revroacdaytly lartheeffective dakerd the rtnificarve, exersprian 5Wenyvv,iL 2ak1heeontrayrurfor prooftaf worker's compensation and centacrthe Ininerance companyto verify wvssrdge. 3535FEIIKU� 3EWER43HOMERM Contractor's B*nd Iwo Icense filed a C"naclora Bondi wide avESTERN SURETY COMPeas Bond Number. 66732a5a None Ani $25,000 Effective Date: G8112/2023 Cuntractol's Bard Wetwy 1,11orker,i Co-,pcnsafion Thi 5 1 icens e has wof ke ry c onove i sari a r, i men to nce with the W E LLFt EET NEW YO RK INSURANCE COMP,ANY PoUcy "uhnber.N9WCwJ988 Effiective Date: 0912112022 Expire DaTeii 09j2112023 Walkers, Hdriary I I I UP 1211 1001MI■'M 97M TV giv !II I HVIRMOMIf p:c(� Asseumee4 Director's Prevailing Wage Enforcement Decisions (Labor Code section 1742) (2011 to present) This page contains links to Decisions by the Director of Industrial Relations in cases arising out of prevailing wage enforcement actions under Labor Code section 1742. These Decisions have not been designated precedential and, therefore, under the Administrative Procedures Act's Administrative Adjudication Bill of Rights, they cannot be relied on as authority in future cases. The Decisions are being provided to the regulated public to show how the Director has interpreted the statutory scheme, and applied its provisions, in specific factual settings. The page also includes a word search function. _RXIMPI-MM 0=1 1� Date Issued Case Number(s) Contractor/Subcontractor(s) 6/9/2023 22-0288-PWH A & Y Asphalt Contractors, Inc. 5/3/2023 22-0119-PWH Tribute Tile and Stone, Inc. 41312023 20-0289-PWH Anton's Service, Inc. 20-0397-PWH 3/2812023 20-0304-2WH Moutaz Alsayed. an Individual dba The Stone Collector 3/16/2023 21-0066-PWH MVC. Enterprises, Inc.. a CA Corporation Date .ssued Case Number(s) MOVIE 110M r M-MIZE11 Katch Environmental, Inc, I of 14 11/2012023, 5:53 PM I.SRDirector's Prevailing age Enforcement Decisions (Labor C.. https://www.dir.ca.gov/oprl/PrevWageEncdecision.ht 8/20/2022 20-0349-PWH Original Sid Blackman Plumbing, Inc. 8/18/2022 19-0134-PWH Zusser Company, Inc. 8/12/2 22 20-0 0-PWH RGW Construction, Inc. 7/20/2022 19-0209-PWH & Tobo Construction Inc. and Mega Air 19-031 -PAN Co., Inc. 6/2512022 20-0229-PWH Grant Construction, Inc. 412712 22 21-0 34-P fH Dufau Landscape, Inc, 2/3/2022 21-0090-PWH PMK Professional, Inc., a California Corporation 1111/2022 19-0226-PWH TDbo Construction, Inc., a California Corporation 1 decisions Date ; Issued Case Number(s) Contractor/Subcontractor(s) 12/31/20 1 19-0002-PWH Dynamic Hoene Performance Inc.. dba Dynamic Mechanical 12/30/20 1 11-0099-PWH Facility Solutions Group, tnc. 12130/2021 20-0361-PWH Willkorn, Inc. 12/3012021 21- 0 2-PWH Hazard Construction Company dba Hazard Construction 8/2312021 19-0 7 -P H 1T2. Inc., d/ /a Todd Companies 6/2/2021 19-018-PWH Minako Arnerica Corporation dba Mince Construction 5/26/2021 17-049 -PWH An oun Fat@, an individual doing business as Fate Construction & Development 5/1 /2021 16-01 7-PWH Antoun Fata, doing business as Fate Construction & Development also known as Fits Construction Development, Inc. /10/2021 19-0108-PWH Ste George Groupe, a California corporation d//a St. George Construction How can we help you 3116/2021 -019 -P H Sha rare Elihu, an individual doing today? business as Blue Pacific Engineering t Construction r 2 of 14 It /20/2023, :3 P Ever Carr. A, CONTRACTORS STATE L[CENSE BOAR TF T-Contractor's License �W for Licen� 1063022 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSM—P10" by 1— aro I.& than afl1wen, below fiv �e k0o..U., Cm,k N", I*, . dca.1fiae .1 dhxi—thr.dwas 17K P Arbaraugm — nN hued-1—the unuviont falls to coosA, win dan— . D- h, —kl-d, there may bv rr1..M W-41- OW h., ..t wt been emsed Int. H. b-,d'% U—. da Business Inforniallon EVERFENCE CORPORATION 12309 TELEGRAPH RD SANTA FE SPRINGS, CA 90670 BurinmS Phone aiumber:(562t 946,2872 Entity conporatioft usuetune, 0210512020 Expire Date 9212912924 License Slatus This Ucerure It current and active. An Info motion below shaptial be mvirivead. Classifications )iW011415411101 Co 'a Bond This license fit" a Contractor's Bond who HUDSON INSURANCE (ONPAW Bond Number. 3004S956 Bond Amount 525,000 Effective DownelJOL/2023 Hi}Vwy Bond of Qualifying Individual Thequalifying undim druil. MATTHEW LLOYD SIVEWRIGHT certified that heisheowns 10percemor more ofthe acting stoClUmernbershlis Interest of this company; therefore, the Bond ofENalifying individual .snot required. Effective Dart: O21DSj2O20 This Wkwer, IIAL workers compensation insurance with the BERKSHIRE HAT HAVINY HOMESTATE INSURANCE COMPANY Policy Number. EVWC4216M Effecthei Date: 1111512023 moure Data: L111512024 Wnrkorsl Carnfunsation Wr gory Back to Top Conditions of Lice Privacy Policy Accessibility Accessibility Certification Copyright 0 2023 State of Callfornis SUB-CONTRACTORSDESIGNATION OF City Project No, CIP 21-1 — Barnes, lark Multi -Benefit Star wter Capture roject s required by State Law, the General Contractor bidding will hereinafter state the subcontractor on the fob for each particular trade or subdivision of the work in excess of one- half percent of the total bid price and will state: the first n rric and principal location of spilt, ship, plant or office of each. ]Where no subcontractor is listed for Qa particular phase of the work, it is understood at the General Contractor will perform the work. No changes or substitutions may be made inthese bcontractc rs except upon the prier approval of the City. The undersigned certifies that t e bids of the following listed subcontractors were used its producing the bid, and that the subcontractors listed will be used for the work for which they id, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the pecitications for the listed Work: Larne, address and Phone number of Description of wurle, materiats Dollar Value of % of Total Bid fit4 CODtras.tars, suppliers and vendors artcl�e�r g �er�t Cizi�atrtxstnt , L-0 z- ROAD 9y JY ofst " 1 a Y .. ,7A4NCxS_ CA � r. MA A %- Lora ovc, a g4ZXf P CPC f"jzs-, A 000 Bidder's Name, nature late # ®1 DESIGNATION OF SUB -CONTRACTORS City Project No. Clip 21-198 — Domes Park Multi-Ocnefit Stuerrovater Cap tu re project As required by State Law, the General Contractor bidding will hereinafter state the subcontractor on the job for each particular trade or subdivision of the work in excess of one- half percent of the total. bid price and wilI state the first name and principal location of mill, ship, plant or office of each. Where no subcontractor is listed fora particular phase of the work, it is understood that the General Contractor will perform the work. No changes or substitutions may be made in these subcontractors except upon the prior approval of the City. The undersigned certifies that the bids Lif the following listed embcontracturi were used in producing the bid, and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Enginor, and in accordance ®t the applicable provisions of the Specif ica tions for the listed Work: Name, addross and phoric n-umber of De4cTipriot% of work, materials JNwltar Value of of Total Bid ubcontractors, suppliersand voidors andlorequipment Sub -Contract Amotini sr ate. e) 0,7 C X4 te, 0- r4 4W 0 r., 41 eC 0& 'api Oqo* 000 00 ODD oc A AX Bidder's Name 17)7 Ml B-18 ri DESIGNATION OF SUB -CONTRACTORS City Project No. CIP 21-198 — Barnes Park Multi -Benefit Storrnwater Capture Project As required by State Law, the General Contractor bidding will hereinafter state the subcontractor on the job for each particular trade or subdivision of the work in excess of one- half percent of the total bid price and will state the first name and principal location of mill, ship, plant or office of each. Where no subcontractor is listed for a particular phase of the work, it is understood that the General Contractor will perform the work. No changes or substitutions may be made in these subcontractors except upon the prior approval of the City. The undersigned certifies that the bids of the following listed subcontractors were used in producing the bid, and that the subcontractors listed will be used for the work for wbich they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the Specifications for the listed Work: ikm� a �ess and phom number of Description of work, mate tlals Dollar Value of % of ToW Bid subconpp.Hers and vendors and/or eqmpment Sub-Cordract Ax"unt SPECTRMYSTM INC dba SMTRATURF RESISLENT RUBBER PLAY SURFACE 555 S FROMERCE AVE $103 $383,526,00 2.3% CORONA'CA 79 (951) 736-572 PRE -CON PRODUCTS 005-297-5140 240 V. LOS ARGELES AVE., StomPrisp to ! infiltration System $1,955,711,DO 11.5* "30 2 SIMI VALLEY (fine qzadlng and $oil ChVort by 41=Ldaj (702) 353-1165 Ion Gilmer Construction 12362 bajo panorma, Santa Ana, Ca 92705 Landscape and Irrigation *914,133.00 5.4t UC ELECTRIC 009) 821-9182 24i49 LORNA DR Electrical 5 1,250,000.00 7.3% MORENO VALLEY, CA 52553 1562046-2672 Evereence Fencing 2305 Telegraph Road $466,943.00 2.8t Santa Fe Springs, CA, 90670 USA Snade 6-Fabric Structures 1085 N. Main Street, Suite C. Shade Structare 5rango, CA 92867 $640,875.00 IN Ml 01 111 1:111== Nationwide Contracting sezvices, inc. DSA Nationwide General ConstzVCtion SerViCeS 11-13-202, Bidder's Name Authorized Signature Date September 28, 2023 KASA 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. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 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 City of 4 Gabriel Reyes Mayor Daniel Ramos Mayor Pro Tem Joy Jeannette Council Member September 21, 2023 Angelo Meza Council Member KASA Construction, Inc. Amanda Uptergrove 15148 Sierra Bonita Lane Council Member Chino, CA91710 Jessie Flores City Manager 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 frames. 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 Adelanto City Hall - 11600 Air Expressway, Adelanto, CA 92301 - (760) 246-2300 - Fax (442) 249-1121 June 22, 2023 KASA Construction, Inc. Attention: Sam Kasbar, Owner / VP 15148 Sierra Bonita Lane Chino, CA 91710 Project: Lucinda Garcia Park Improvement Project Owner: City of Monrovia Letter of Recommendation Dear Mr. Kasbar, On behalf of the City of Monrovia, I would like to thank you and your Team at KASA Construction for your efforts in completing the Lucinda Garcia Park Improvement Project. This project consisted of the renovation of an existing park which includes the installation of two new playgrounds, rubberized surfacing, exercise equipment, in addition to various other site furnishings such as block walls, concrete walking trails with lights, landscape and irrigation. KASA completed the project without any safety related issues and completed the project within the specified project time frame. When issues arose, solutions were provided and ultimately resolved. The City of Monrovia recently filed the Notice of Completion on this project and the quality of the improvements made during the project have been well received by the community. The KASA team completed the project with the intent to maintain a great business relationship with the City of Monrovia. City staff appreciate the willingness to complete the project in a diligent and professionalmanner which resulted in a completed project that the community is thankful for. would like to thank and congratulate you and your team on the project completion of the Lucinda Garcia Park Improvement Project. I would recommend KASA Construction Inc., to future agencies or owners based on the quality of work. Sincerely, Alex Tachiki Director of Public Works City of Monrovia Monrovia Corporate Yard • 600 South Mountain Avenue, Monrovia, California 91016-3611 • (626) 932-5575 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 ballen@vdla.us Landscape Architecture 432 Stevens Avenue, Suite 137. Solaria Beach, CA 33375 2042 Planning Tel: 619.734.8484 - Fax: 313.574,3333 - Web; www.vdla.us Water Management Arhicipais: Mitch IPhiillppe, ASLA, CA LLA a# 781 - Yaie Hooper, CID, Cal. IA Graphic Communications Associates., Ling Chan, ASLA, CA LLA ##5435, LRRt"# AR - Denise Armije, ASLA Brett Men, ASLA, CA LLA ##6595, CID, C,LIA, RWSS 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 $7,000,000. The project included but was not limited to grading, earthwork, storm drains, 2 lighted baseball fields, basketball court, 2 large playgrounds with rubber and mulch, a dog park, pre- fabricated restroom building, parking lot walking trails, fencing, several other park furnishings with new irrigation systems and beautiful landscaping. Your Team worked closely with my staff, consultants, JARPD and the City of Jurupa Valley to assist in value -engineering to bring this project to fruition for this wonderful community. KASA's staff was responsive, honest, and diligent in completing the project on time with quality workmanship. It was a pleasure working with you and your Team and I look forward to more projects in the future. I would not hesitate to recommend KASA Construction Inc. to any other Owner or Agency. Sincerely, Ryan Combe Director of Forward Planning Lennar Homes of California 990 M onLedtu Di ive, Sutc 3�'x Corona, CA ye s, FFo e, (551)317-3500 t sr z� i � 4 1 apt KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 WTI 17 =-$ 190 M. 8 131111129 F, M On behalf of the City of Norwalk, I would like to thank you and your team at KASA Construction Inc., for great work completed on the Environmental Enhancement & Mitigation Program project. This project encompassed the rehabilitation of seven sections of center medians, including installation of drip irrigation systems and drought tolerant plant materials along Firestone Boulevard, Imperial Highway, and Rosecrans Avenue. Due to the project being funded through a grant from the State of California Natural Resources Agency, the City was on a very limited timeline for completion and your team did an excellent job of completing all work prior to our deadline. City staff were impressed with the work of KASA, as well as appreciative of good communication throughout the duration of the project. All project expectations were met or exceeded and any issues that arose were quickly addressed. I appreciate your efforts and would not hesitate to recommend KASA Construction, Inc. to other ,.gencies. The City of Norwalk looks forward to working with KASA again in the future. 100 Civic Center Drive, Bay 2D Newport Beach, California 92660 949 644-3330 1 949 644-3308 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 brian.king@lennar.com A=: June 10, 2020 KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita lane Chino, CA 91710 Project: Sierra Crest Park & Dog Park Improvements Fontana, CA Owner: K Hovnanian Homes Subject: Letter of Recommendation To Whom It May Concern: On behalf of K Hovnanian Homes, we would like to thank KASA Construction for their efforts in completing the Sierra Crest Park Improvements Project. The project consisted of a Public City Park with a CXT Prefabricated Restroom Building, Playground Equipment, Rubber Surfacing, Basketball Court, Picnic areas with Benches, Tables, and Barbeques, green space, as well as Dog Park. KASA completed this project in a conscientious manner, maintaining the highest level of professionalism and keeping the client's best interests in mind. Throughout the duration of the project, KASA cooperated accordingly with K. Hovnanian and the City to overcome many obstacles faced during construction. Although, there were some trying times and design issues, KASA always maintained professionalism, and worked diligently with K. Hovnanian to achieve the most feasible solution for all. Without a doubt, KASA fulfilled their duties as a General Contractor to the satisfactions of all parties. They also always honor any warranty request and stand behind their installation, which is a true testament for a quality general contractor. It has been a sincere pleasure working with Sam Kasbar and his team. We would not hesitate to refer them to any organization seeking a diligent, professional general contractor that upholds the highest possible standards and executes exemplary work. Sincerely, ason Mock Senior Land Development Manager HovnanianK. •,CaliforniaDivision, 00 Exchange, Suite 200 Irvine, CA 90602 City ofRialto i 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 Office of the Public Works Director/City Engineer 335 West Rialto Avenue • Rialto, California 92376 LANDSCAPE ARCHITECTURE March 25, 2019 Mr. Sam Kasbar, Vice President KASA CONSTRUCTION, INC. 4649 15148 Sierra Bonita Lane Chino, CA 91710 RE: CONSTRUCTION OF JOE SAMPSON PARK CITY OF RIALTO, CALIFORNIA Riverside, CA92 96Dear 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. ( 61) 369- 700 KASA Construction has brought numerous park projects designed by our firm to life over the past several years. We are consistently 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. Fax1951) -403 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, http/Avww.comworksdg.com COMMUNITY WORKS DESIGN GROUP ; Scot Rice ASLA, LEED AP, CASp License 110 ` Vice resi ent Landscape Architect CA #51.11 NY #2645 Certified Access Specialist CASp-709 scott &%cwd > fun March 21, 2019 Subject: Letter of Recommendation Freeway Frontage Landscaping Project Contract Value: $512,251.57 To Whom It May Concern: We, the City of Westlake Village, would like to praise KASA Construction, Inc. for their outstanding work on the Freeway Frontage Landscaping Project in the City of Westlake Village off of the 101 Freeway and Lindero Canyon Road. The scope of work for this project included installing new irrigation and landscaping along the freeway onramp at Lindero Canyon Road. All work was completed in an efficient and timely manner. 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's team was easy to work with and made certain that best practices for safety, security and cleanliness were enforced and adhered to at all times. KASA's professional managerial skills, alongside their unyielding "get it done" attitude and approach in the administration and implementation of construction truly made the difference in the successful and timely completion. We would absolutely not hesitate to refer KASA's excellent services to others. We look forward to completing more projects alongside the KASA Construction team in the future. Sincerely„.; r Tucker r ¢cZyk, cti n Ma nagte r 31200 OAK CREST DRIVE WESTLAKE VILLAGE • CA 9 91361 o- (818) 706-1613 • FAX (818) 706-1391 o www.wlv.org Project: Los Serranos Neighborhood Park Owner: City of Chino Hills Subject: Letter of Recommendation Dear Mr. Kasbar, n behalf of the City of Chino fails, I Mould like to thank you and your team at KASA Construction Inc,, for your noteworthy efforts in completing the Los Serr nos Neighborhood Park. The project consisted of s nearly 4 m0lion dollar budget, including 6-acre park with landscape grading drainage irrigation, landscaping, site furnishings, sports courts, restrooms, picnic shelters, lighting, playground and fitness equipment, hardsc pe, and other amenities, In September of 2018, KASA cornmenced their work and through the duration of the projects KASA maintained the highest level of safety and quality, paying close attention t; the specifics of construction and completing the required work within the necessary time frames, If issues ever arose, solutions were always implerriented immediately, KASA's incredible adaptability, diligence and close-out for the ity`s final' acceptance and completion, alloyed for a successful Grand Opening of the park on November 16, 2019. l have attached our Grand Opening flyer- KASA's admirable coordination with City Staff, while upholding the utrno t 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 ap reciatlon to you and your devoted team on a job well dorm and; congratulate you on an outstanding project. It was an honor to introduce the "1 park to the City of Chino Hills I ,mould not hesitate to recommend mend S Construction tnc_, to any other owner or agency, Sincerely Cynthia Moran, Council Member ° " .r ° i :` r•t. Bennett - Brian Jobsz a Ray larquez ; Cynthia 'Moran gayer J. Roger July 24, 2018 Subject: Letter of Recommendation John F. Kennedy Veterans Memorial Park Restroom Improvements Project Project No, PCS HSG GR — JFK REDO' To whom it may concern, It has been a pleasant experience working with Sam Kasbar and his staff with KAS,A 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. It 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 k"ADo"Clopment & Spec"AJFK Al-�'k,\ AN [) COMM UN FVY �,, f1"'A'ICFSI l 1, P.N I Department of Public Works Douglas S. Stack, RE. Director October 31, 2017 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Subject: KASA Construction, Inc. Work Performance Commendation KASA Construction, Inc. has performed the construction of the Detention Basin Landscaping and Water Quality Installation and Tustin Legacy Linear Park Improvements project successfully to the satisfaction of the City. KASA Construction, Inc. has been a true partner throughout the process and the City greatly appreciates the efforts. We look forward to working with KASA Construction, Inc. in the future and would highly recommend your company to other agencies. Very ruly yours, Ken Nishikawa Deputy Director of Public Works/Engineering 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3150 • F: (714) 734-8991 9 www.tustinca.org (ity of Westminster 8200 Westminster Boulevard, Westminster, CA 92683 714.898.3311 www.westminster-ca.gov KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Subject: Letter of Recommendation Hoover Street Pedestrian and Bike Trail Improvemeni Go V 0 0 0 so rff• •gi 1111•welp''gell w I'�� Sincerely, take Rgo, P.E. Principal Civil Engineer L'itxl ............ N I I I Mffjv— OMM [91TIRIMUMI-11 11,11:11110 19M MIUM11 OTM am= U1 : Lrqfillm to J 4 S S� CITY OF ORANGE COMMUNITY SERVICES DEPARTMENT www.cityoforange.org (714)744-7272 FAX: (714) 744-7251 KASA Construction, Inc. Chino, CA 91710 PROJECT: TURF REPLACEMENT AND LANDSCAPE RENOVATION AT THE SANTIAGO HILLS ASSESSMENT DISTRICT rol "Al am- B -11 r#1 V! I M WJ nt 10614k ymo 71v 7-am" work was completed professionally and in �a timely manner. Working With KASA was a pleasure. Their professional managerial skills, from the top down, alongside their relentless "get the job done" attitude and approach in the administration and implementation of construction truly made the difference in the successful and accelerated completion. Based on the experience I've had, I would not hesitate to refer the professional services of KASA Construction Inc. to others. MEN= Sincerely, Nathan Bluhm, Landscape Project Coordinator 1.21r, =-, I.T.Mmu CITY OF SOUIR PASADENA rep. 626,403,7360 M FAX: 626,403,7361 October 2 5, 201 to o 'hom It May oncer KAS Construction was awarded ra contract for the construction of the dog park project in the City cst' Soutli Pasadena, vvhich wast r t ° l in Fall2016,Their dediczition to the pro' was a major factor in tile project being completed in a successful and timely mart aer, Th, rough this roarer. their ; tarf was cooperative,1 ible, and difilgently worked with city sta.ff. The rc• jcct was constructed in to professional and workmanlike manner, Documentation and communication were timely and profional, and they were, receptivc to otir requests. KASA Construction truction is highly hly recommended, as their staff an excellent fast to any city or agency. Feel, free to contacl nie at a � f cl mfk t�tlr a r �riacta, rao r ( 6) 403 7 3ifyou rased additional information, Sincerely, r. eilra autsch Community Services Director %(-",-,1TY OF ORANGE �r� r COMMU STY SERWCES DEP ENT WWW.Cjty0f0range,orq PHONE "(714j 744.7 74 a FAQ (714,) 744-72 1 July 14, 2015 KASA Construction 15148 Sierra Bonita bane Chino, C. 91710 Subject; Grijalva Park Exorcise Circuit landscape. o Whom t May Concern: t is nay 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, shoring p 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... would not hesitate in providing a positive referral and I hope that the City of Orange has t e good fortune to work alongside them in the future, Respectfully Submitted, t �f Don Equitz r. landscape project Coordinator COMMUNITY ITY E V10C 5 DePART ENT * 230 E, CHAPMAN AVEN E + ORANGE, CA 92866 e. 2s, Operating -.�►r �� �, .rig' Corp,_- ., 1156 N. Mountain Avenue (91786) / Post Office Box 670 Upland, CA 91785-0670 Office — (909) 949-6789 / Facsimile (909) 931-5595 January 21, 2015 RE. Letter of Recommendation for NASA Construction To Whom It May Concern: In September of 2014, KASA Construction was selected and began construction of certain CFD improvements in our Park Place master planned community in Ontario, CA (a joint venture project by Lewis Community Developers and Stratham Communities). Park Place showcases homes by industry leading homebuilders, KB Home, TRI Pointe Homes, Ryland Homes and Woodside Homes. The CFD improvements completed by KASA Construction included Celebration Park (a 6 acre public park) and Merrill Avenue landscape improvements with total costs in excess of $5,000,000. KASA Construction was aggressive in their bidding for Celebration Park and were approximately 14% lower than the second place bid. The Park Place Grand Opening took place on November 8, 2014 and over 4,000 people attended the opening celebration which included the viewing of 18 beautifully appointed model homes and a tour of the Parkhouse (a spectacular 14,500SF recreation center). The Grand Opening also included live entertauunent and food service in Celebration Park. The date of the Grand Opening; however, was not confirmed until after KASA Construction had commenced its work. NASA Construction rose to the challenge and completed over $5,000,000 of construction in half the time granted by our agreement. A significant portion of the work had to be completed within a mere 20 working days from commencement of construction. Six months of construction were accelerated and successfully completed within a total of 60 working days — all while coordinating construction activities with various contractors of other trades concurrently performing work within Park Place. KASA's exemplary performance exceeded our expectations. It is with great pleasure that we have been afforded the opportunity to collaborate with KASA's experienced, dedicated and driven staff. KASA's professional managerial skills, from the top down, alongside their relentless "get the job done" attitude and approach in the administration and implementation of construction truly made the difference in the successful and accelerated completion of Celebration Park which allowed us to meet our November 8'11 Grand Opening date. I look forward to working with the KASA Construction team on many more projects in the future, Sincerely, U1! 1 Randall Lewis Executive Vice President Larisa Sass ZUSSER COMPANY INC larasass@gmail.com Hector Zavala, Estimator KASA CONSTRUCTION, INC. hectorz@kasaconstruction.com Luicci Nader NATIONWIDE CONTRACTING SERVICES INC luicci@nationwidecontractors.net December 12, 2023 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 favoritism, 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 interest." 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 a ter 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 prematurely 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. CC: Grant R. Orbach, Best Best & Krieger LLP Encl.: KASA Bid Protest City of :. Public g Division 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. fk f The portion of ihi: work €iaat will be Biome fav , ach cuiacontrocint under [hvh act, The paeme eontnactor Oiafl h,at only one sub-contraoor for each 1p€ririon ar, is defined ::b dre prime contractor in taia ear her laid_`" 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-Muc-rlo" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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) 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 Per the Specifications section 1168 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. 3.01 INSTALLATION A. The insta11' cc>rotractrar s11all ��°cue id �rotsf cx er ence with references shades 1 . GeneralT Install the playground equipment in accordance with the manufacturer's r cornrnended procedures and installation sequence. Equipment shall be rigid, devices. 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. 5, Signature ol ContracLor a, Corps rx-ilicarr Atry l�icl trlszriitl i by Wa corer r�Aion rtatrsk rrtcli� 1 kh n�tm I t1-le and the corporate .seal must tN,2 affixed.`Other persortsrnay sign for the cor,�poralion in lieu of the above if a certified cope of a resolution of, the corporate hoard of directors sio 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. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rlo" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. judge of his responsibility, experience, shill and business and financial standing. Additional numbered pages outlining this portion of the proposal may be attached to this Page. 15148 Sierra t3onita Lane, cnino, Lalitornia y1/1u Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. L03 QUALITY ASSURANCE A. Qualifications- Demonstrate experience in hoiliculturc and landscape maintenance, practices, and techniques. Provide sufficient number ofworker°s with adequate e uipnrent to perforn-i the work during the maintenance period, 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. 1.06 QUALIFICATIONS A Manufacturer: Company specializing in manufacturing the products specified in this Section with a minimum of five (5) years documented experience. B. Installer: Company specializing in installation of chain link fencing with minimum of live (5) years documented experience. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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. 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-Muc-rllo" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 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 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*/VS-A--- CONS-rRuc-rio" Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com Exhibit C Troutman Pepper Hamilton SandemLLP ���������� Two Ca|�nn�Plaza, 350Sou�Grand /4/onue.Suha34O0 0-0 �����L0 � ���ri' Los Angeles, CA ������N�k���� . ����������� � �� tmutman.00m Marion lHack D213.928.9885 marion.haok@tmuhnan.00m December 14.2O23 VIA E-MAIL Sam Gutierrez City OfBaldwin Park Public Works, Engineering Division 144O3E.Pacific Ave. Baldwin Park, CA91700 GrantR. Orbao Best Best & Krieger LLP 50OCapitol Mail Guihm17S8 Sacramento, CA95A14 Re: BID PROTEST DISPOSITION AND ORDER T0SHOW CAUSE Barnes Park Multi Benefit SkonmwaterCaptmre Project Dear Mr. Gutierrez and Mr. Orbach: This firm represents the interests of ZuSs0rCompany, Inc. (�sser"). Weare in receipt Ofyour letter dated December 12.2023,requesting 8response tOthe City OfBaldwin P8d/S ("City") Order to Show Cause regarding Zusser's responsibility as a bidder for the Barnes Park Multi Benefit 8tOr0VV@t8[C8ptUr8 Project ("Project"). The notice is invalid as it does not follow clear California law regarding non -responsible determinations. VVhi|8 ZuSS9r intends to provide 8 fOnn@| reSp0nSe, we note that, as an inUU@| 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 torebut such adverse evidence, and (3)permit ZuGeertnpresent evidence that itiaqualified to perform the contract. (See City Of/nOAeN0Dd-L./\. County Civic Center ,4u07.KSuperior Court (1972)7CG|.3d881' 871; B0NdstODu Napa Sanitation Dist. (1890)222C@|.App.3d 1362. 1309.) Furthermore, due process compels ohearing take place prior k}o rejectionpfthe low monetary bidder 8S@non-responsible bidder. (City 0fInglewood, supra, 7CG|.3d8t871.) NO hearing has been set and the evidence for which the City iebasing its decision has not been provided. 16*1565250 Sam Gutierrez Grant R. Orbach December 14, 2023 Page 2 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.AppAth 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 1661565250 Sam Gutierrez Grant R. Orbach December 14, 2023 Page 3 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. a ►AW cc: Misha Fyodorov 1661565250 Exhibit D Grant R. Orbach Associate 916 329-3692 grant.orbach@bbklaw.com December 20, 2023 VIA E-MAIL [MARION.HACK C�TROUTMAN.COM] 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 regarding 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 grounded 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 recognizing the mischaraeterization 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 School Dist. (2010) 187 Cal.AppAth 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 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 advised 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 Director 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 whether 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 1.3, 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 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 ill Sam Gutierrez sgutierrez@baldwinpark.com Romany Basilyous rbasilyous@baldwinpark.com City of Baldwin Park Public Works Engineering Division 14403 E. Pacific Ave City of Baldwin Park, CA 91706 T. P 7%•&VIM NA to Sacramento, CA 95814 grant. orbachgbbklaw. com M 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 I st, 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 adequaw consideration for the non -responsiveness of both Zusser and Nationwide's bids. Of KASA's s asons wh-w, Nationwide's bid should be re-ected- the GUE's re-ection arbitrar onl1i address] one (1) — the executed signature. Mr. Gutierrez writes: I "The City is satisfied that Nationwide's bid is responsive because the bid promisee — A to do what the contract requires (Taylor Bus Service, Inc. v. San Diego Bd �o Education (1987) 195 Cal.App.3d 133 1.) That KASA alleges that Nationwide wi i Grant R. Orbach Secember 21 2023 not i i those contractual commitmentsdoes notf` " • • 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 required C-27 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. California 11 ITS LIST OF SUBCONTRACTORS A. 1 1 f Landscape Subcontractor is Unlicensed in Cali orma i Nationwide Does1 1 1' the Requisite or Experienceto Self -Perform 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 • • Jon Gilmer Constructions ilandscape. and irrigationI • • •n Gilmer Construction had and has a suspended license per i Sam Gutierrez Grant R. Orbach 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. Zart vn�&v�c '§Z Z 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 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 reauirements. material violations in Nationwide's bid. A. The Bid Was Non -Responsive Literal compliance with the bid request is a consideration in determining non -responsiveness. Great W. Contractors. 'Inc. v. Irvine Unified Sch. Dist., 187 Cal. App. 4th 1425, 1456 (2010), qs t6bdi cA (Sep0, 010, _oG041688, 2010 WL 3789323 (Cal. Ct. App. Sept. 30, 2010)(citing D.H. Williams Construction Co. v. Clovis Unified &��9 146 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. Mill Grant R. Orbach December 21 2023 9 1. I MISM I 1 0 v v 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 Con, ion Cb� V� city a 45 Cal. App. 4th 897, 904-905 (1996) 47 Ops.Cal.Atty.Gen. 129, 130 (1966)). A proper measure of whether the agency's waiver resulted in an "unfair a vantage" is et er t e 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. MMkpgfijqLV1 Qqu� bf 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 118 1. 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. 111. 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 Grant R. •. M Tt, 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. WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. Robert C. Niesley 20136398.1 104431.00003 Exhibit F Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 troutmarill Los Angeles, CA 90071 pepper troutman.com Marion T. Hack D 213.928.9885 marion.hack@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.AppAth 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 166286912v3 Sam Gutierrez Grant R. Orbach December 22, 2023 Page 2 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.AppAth 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.AppAth 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.AppAth 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. 166286912v3 Sam Gutierrez Grant R. Orbach December 22, 2023 Page 3 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 166286912v3 Sam Gutierrez Grant R. Orbach December 22, 2023 Page 4 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.AppAth 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, 166286912v3 Sam Gutierrez Grant R. Orbach December 22, 2023 Page 5 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 166286912v3 Sam Gutierrez Grant R. Orbach December 22, 2023 Page 6 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.AppAth 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 166286912v3 Sam Gutierrez Grant R. Orbach December 22, 2023 Page 7 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.AppAth 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 166286912v3 Total Records: 2 Search Date: 12/14/2023 Filter Applied: Defendant Name all american asphalt Defendant Name Party Case Type Number NAICS Code NAICS Industry Date Filed Assigned Deputy DIR Office Case Status All American Asphalt, a Defendant WC-CM-888710 32732 Ready -Mix Concrete 06/11/2022 Puniloa San Bernardino Hearing California Corporation Manufacturing Chavira WCA Approved All American Asphalt, a Defendant WC-CM-780654 561311 Employment 03/27/2020 Maria Elena San Bernardino Closed Settled — California Corporation Placement Agencies Sandoval Pre -hearing Page: 1 of 1 1 2 3 4 5 6 7 8 9 O O 10 ry °6 11. 0 0 12 ry z -� O � o Q ="" O Q 13 O O M M a rn N M J O M 14 N z ZZ�LL..N OO6�Qw OU z� 15 ,,,O N U Ox J w Q s Q LU 16 o z° a Z a Uw Q �U N 17 z O 18 V) z 19 Q ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation Thomas W. Kovacich, State Bar No. 94046 TKovacich@aalrr.com 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, u 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. 20 LILIA GARCIA-BROWER, in her official 21 capacity as LABOR COMMISSIONER, DIVISION OF LABOR STANDARDS 22 ENFORCEMENT, 23 Real Parry In Interest. 24 25 26 27 28 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 -1- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 II 3 4 5 6 7 9 O O 10 rV °6 11. 0 0 12 ry z -� O � o Q ="" O Q 13 O O M M O M 14 z ZZ�LL..N O O OUz 15 U Ox ('0LU 16 o z° a z Q U w Q �U N 17 z O 18 V) z 19 Q 20 21 22 23 24 25 26 27 28 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 I I I N Hill Street, Los Angeles, CA 90012, Petitioner Zusser Company, Inc. ("Zusser") will 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 ("Decision") 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 judicial notice; other documents on file in this action; and any oral argument of counsel. Dated: October 10, 2023 Thomas W. Kovacich Attorneys for Petitioner Zusser Company, Inc. -2- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 ry °6 11. 0 0 12 r z o �" H P O Q =" 13 Q O M M 0 Q O O M C J Oate"' °Q'ZN� 14 Q W N Z zz�-..•0 15 o��Qw� O ooU,A U a z� 16 Z a Uw Q �U 17 N Z O 18 V) z 19 Q 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page 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 -3- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES STATE CASES Pages Busker v. Wabtec Corporation (2021) 11 Cal.5th 1147.................................................................................................................. 15,20 City of Long Beach v. Department of'Industrial Relations (2004) 34 CalAth 942, 22 Cal.Rptr.3d 518, 102 P.3d 904................................................................. 15 Coalition of Concerned Communities, Inc. v. City of'Los Angeles (2004) 34 CalAth 733......................................................................................................................... 20 Department of Industrial Relations v. Davis Moreno (2011) 193 Cal.AppAth 560............................................................................................................... 16 Independent Roofing Contractors v. Department of'Industrial Relations (1994) 23 Cal.AppAth 345................................................................................................................. 20 Lusardi Construction Co. v. Aubry (1992) 1 CalAth 976, 4 Cal.Rptr.2d 837, 824 P.2d 643..................................................................... 15 Sheetmetal Workers v. Duncan (2014) 229 Cal.AppAth 192............................................................................................................... 15 STATE CODES/STATUTES CodeCiv. Proc. § 1094.5.............................................................................................................. 14 CodeCiv. Proc. § 1094.5(b)......................................................................................................... 14 LaborCode § 1720........................................................................................................................ 15 LaborCode § 1742................................................................................................................... 15,16 LaborCode § 1742(b).............................................................................................................. 16,17 LaborCode § 1742(c).............................................................................................................. 14,15 LaborCode § 1773.......................................................................................................................... 9 LaborCode § 1775.............................................................................................................. 10,11,15 LaborCode § 1777.7................................................................................................................ 10,11 LaborCode § 1813................................................................................................................... 10,11 OTHER AUTHORITIES 8 CCR § 16200................................................................................................................................ 9 8 CCR § 16303(a)......................................................................................................................... 20 8 CCR § 17224(d)............................................................................................................... 11,16,17 -4- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 ry °6 11. 0 0 r z 12 p M H P O Q =" 13 Q ~ O M M p Q O O M M ate"' °Q'ZN� 14 z Zz�-..•0 15 p O6� Q w n O �OpO U J w Q d Q a z0 16 z a Uw Q �p 17 N z O 18 V) z 19 Q 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES (CONTINUED) Pages 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 -5- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 3 4 5 6 7 8 9 O O 10 rV °6 11. 0 0 12 ry z -� O � o Q ="" O Q 13 O O M M O M 14 z ZZ�LL..N O O �OUz 15 N U Ox J w Q� s Q LU 16 o z° a Z a Uw Q �U N 17 Z O 18 V) z 19 Q 20 21 22 23 24 25 26 27 28 This writ seeks the reversal of the Decision issued by the Department of Industrial Relations ("DIR") issued on August 18, 2022. (AR000004.) 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"). 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 I 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 6,100 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.) -6- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 I 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q =M" 13 O Q O O M M O M 14 Z 15 O °Oo�Z' ('0LU U Ox zow 16 a Z a Uw Q �U 17 N Z O 18 V) Z 19 Q 20 21 22 23 24 25 26 27 28 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 installed 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. (AR000809-000810, 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 I 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.) -7- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 12 ry Z - O ,o QQ =M" 13 �. � O M m O Q O O M M O aJ o,NM M 14 Q W O N z ZZ6� ' .N 15 Oo �,ouZ— N U Ox J w Q� s Q o ° z° 16 a z Q U w Q �U 17 N z O 18 V) z 19 20 21 22 23 24 25 26 27 28 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.s (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 shall 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: The 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 will 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 not 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 Underdrain 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.) ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 I 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 12 ry Z - O O tiPo � � O QQ =M" 13 �. � O M m O Q O O M M O M 14 N Z ZZ�LL O 06o-z. 15 to UUOx s Q o ° z°W 16 a Z a Uw Q �U 17 N Z O 18 V) 19 Q 20 21 22 23 24 25 26 27 28 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 allowed 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 the LADWP/Metropolitan lagoons was - is - a filtration plant. And so according to the scope of work from the prevailing wage 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 distributing filtration treatment stations, boosting stations, waste sewage disposal plant, central chlorination, 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 determinations 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.) The applicable Wage Determination is LOS-2014-2. (AR112, 002844.) The classification utilized by DLS.E 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, filter basins, settling basins, and aeration basins."' (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.) -9- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q =M" 13 O Q O O M M O M 14 Z 15 O °Oo�Z— N U Ox J w Q� - s Q LU zow 16 a Z Q U w Q �U 17 N Z O 18 V) z 19 Q 20 21 22 23 24 25 26 27 28 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." (AR000136-000137, 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. (AR000356-000357.) 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 ("CWPA"). The CWPA totaled $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. (AR000316-000317.) Moreover, she did not reach out to the DIR 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.) -10- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 I 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q =M" 13 O Q O O M M O M 14 Z 15 O �O OU z' N U Ox J w Q� - s Q LU zow 16 a Z a Uw Q �U 17 N Z O 18 V) Z 19 Q 20 21 22 23 24 25 26 27 28 appropriate scopes of work. (AR000324.) Furthermore, she never visited the Project except she claimed she could see it from the freeway on her commute. (AR000308-000312.) 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.) The 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 $1.71,476.08 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 § 1.777.7 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.) -11- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q ="" 13 O Q O O M M O M 14 Z 15 O �O OU z' N U Ox J w Q� - s Q LU zow 16 a Z a Uw Q �U 17 N Z O 18 V) Z 19 Q 20 21 22 23 24 25 26 27 28 interest accruing on unpaid wages. (AR000039.) 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 Fyodorov. His duties included estimating and project management on this Project. Fyodorov 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. (AR000520-000521.) Zusser is not signatory to any union collective bargaining agreement. (AR000543.) Zusser's work was performed exclusively in the four lagoons. There were 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. (AR000711- 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. (AR000528-000537.) He followed up the conversation with an email dated April 8, 2019. (AR004272-004274.) 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. (A:R000561- -12- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q =M" 13 O Q O O M M O M 14 Z zz�LL�N 15 O �OOU z' N U Ox J w Q�� s Q � z�W 16 a Z a Uw Q �U 17 N Z O 18 V) Z 19 Q 20 21 22 23 24 25 26 27 28 000568.) Fyodorov 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. (AR000569-000581.) 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 tradesman 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 1-5 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.) -13- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 12 ry Z - O O tiPo � � O QQ =M" 13 �. � O M m O Q O O M M O M 14 Z 15 O O OU z' ('0LU U Ox zow 16 a Z a Uw Q �U 17 N Z O 18 V) Z 19 Q 20 21 22 23 24 25 26 27 28 Fyodorov testified the work clearly came within this scope: 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.) 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 -14- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 2 3 4 5 6 7 8 9 O O 10 rl °6 11. 0 0 12 ry z -� O Q =M" O Q 13 O O M M O M 14 z ZZ�LL..N O O OUz 15 ('0 U Ox o 16 a Z a Uw Q �U 17 O 18 V) 19 Q 20 21 22 23 24 25 26 27 28 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 CalAth 976, 985, 4 Ca1.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 union 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 CalAth 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 CalAth 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 Sheennetal 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. -15- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 O O rV 06 0 0 M ry Z O tiPo � � O O Q O O M M O �M Z zz� O N U Ox LU O wOw Q � z a Z a Uw oU Z O V) Z Q 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 promptness 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 assessment." (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 facie 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.AppAth 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 the Labor Commissioner from introducing such evidence in proceedings before the Hearing Officer or the Director. See 8 CCR § 17224, -16- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 I 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q =M" 13 O Q O O M M O M 14 Z 15 O �O OU z' N U Ox J w Q� - s Q LU zow 16 a Z Q U w Q �U 17 N Z O 18 V) z 19 Q 20 21 22 23 24 25 26 27 28 subd. (d). t t 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 Subcontractor 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 classified 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 stations, waste sewage ' � 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 (AR000141). 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. -17- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 9 O O 10 rV °6 11. 0 0 12 ry z -m O � o Q =M" O Q 13 O O M M aJ o,NM O M 14 z ZZ�LL..N O �OOUz 15 N U Ox Q sLU 16 o z° a Z a Uw Q �U N 17 z O 18 an z 19 Q 20 21 22 23 24 25 26 27 28 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 There was not treatment performed at the La Boosting Station Theroons.e was no Boosting Stations in the Lagoons. Waste Sewage Disposal Plans There was not Sewage Disposal :Plans. No sewa e involved. Central Chlorination and Chemical No chlorination or any treatment of water Treatments work. was performed at the La oons Under round su CoolingWells nnI410MM art of treatment lant Suction Basin ( art of treatment lant Filter Basin rt of treatment lan Settling Basin III No Settling Basin art of treatment Ian Aeration Basin No Aeration Basin ( artof treatment Ian (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: i "A# 1a in txWVWW with c. Maall distributiNj taftiSwsaa t€ as merit Oaat iva, bOOSOM9 wtO` nS, WaSIAD SIRWagO dISPOSaltrt sat , Mntfdt d940finatign ch aaata nag 0e,*W , r t kiwi st4 OeaC Yg aza 94)%''Ay Wes to ho TT ,, sucton baskts, 6t a° basins,softng basins and t o t arim; -18- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 rV °6 11. 0 0 ry z 12 O tiPo � � O Q ="" 13 O Q O O M M O M 14 Z 15 O �O OU z' N U Ox J w Q� - s Q LU zow 16 a Z a Uw Q �U 17 N Z O 18 V) Z 19 Q 20 21 22 23 24 25 26 27 28 There is no credible evidence submitted by DLSE that the Jensen 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 obtained 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 bolstered 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 training 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.) -19- ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 9 O O 10 rV °6 11. 0 0 12 ry z -� O � o Q =M" O Q 13 O O M M O M 14 z ZZ�LL..N O O �OUz 15 N U Ox J w Q� - s Q LU 16 o z° a Z a Uw Q �U N 17 Z O 18 V) z 19 Q 20 21 22 23 24 25 ►W as worker is quasi legislative. 8 CCR § 16303(a). See Independent Roofing Contractors v. Department of Industrial Relations (1994) 23 Cal.AppAth 345, 254. In analyzing the advisory scope of work between the pipefitter and pipelayer the language must be reviewed. "If the language is clear, 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 Ca1.4th 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 Thomas W. Kovacich Attorneys for Petitioner ZUSSER COMPANY, INC.'S MOTION FOR ISSUANCE OF WRIT OF MANDATE 42518266.1 1 2 3 4 5 6 7 8 O 9 O 10 ry °6 11. 0 0 r Z 12 H P O Q =" 13 Q O O M C J O °Q'Z14 Q W N z U 15 O �oouo J w Q d Q o ° z° 16 a z Q U w Q �U 17 N z O 18 z 19 Q 20 21 22 23 24 25 26 27 28 (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: ® 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 address is rsao@aalrr.com. 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 List. 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. 42518266.1 PROOF OF SERVICE 1 2 3 4 5 6 7 8 0 9 �E 0 10 ry 06 11 n 12 ry -S 13 0 0 > A 14 < Z 15 0 --Uu 0;� 01 o 16 z < Uw 'U 17 z 0 18 V') z 19 20 21 22 23 24 25 26 27 28 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): smcgintykdir.ca.gov; ju�ribe &�direa�ov 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): Igrucelagdir.ca. �qv- jro . asLa)dir.ca.gov Attorneys for the State of California Department of Industrial Relations, and Director of Industrial Relations Attorney for Real Party In Interest Division of Labor Standards Enforcement 11 42518266.1 PROOF OF SERVICE Total Records: 1 Search Date: 12/15/2023 Filter Applied: Defendant Name pcn3 Defendant Party Case NAICS NAICS Date Assigned Case DIR Office Name Type Number Code Industry Filed Deputy Status PCN3, INC., Defendant 05-55056 02/17/2012 Long BeachWCA Closed Page: 1 of 1 General Engineering Contractors 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. ,pm April , 2023 Los Angeles,. `DearSir or Madam: Our cxjst(xnq,, Zuswx (w'c c ., has viscd us of their desire to work for you on upcoming projecu. Wn mind vv o like o share i x r ec ,their # 9 iW c � x —a`m a3 my IN _ —. , m a m^+s:. amp ncc,&.vnited Fire is a CWiforniaadmitted, sweiNy and,is atithorized, to issue twnds, in 0K, State of Wifornia. 11mir Rest rwing invesfigation of Zuswr ornparly clearly iWicates a cornlyally, w:11 Versed in the rconstruct'JiXI p us � .. with great depth o cc flen ople, knownfor divir ability c mpic ,whedule. withinbudgA�t and with c c onal %,vorkfrionship, Fcuss as Zusser, Company s devekTed and maiataitrvd cc relationships A,,itb material suppliers, Vencral contramrs and 4ect PKJJ r%-. oin I and iuu fl . aril would bc, °e, then, plouseconsider anyreitsomb whilAt excoodsithis arnount. Prosently` icy aiv, in gopci stwidinge them to yetu highly Any bund mquest is s man r (wim-eno r s cnd surety. m Th suretyhave no fiability', or obligwiono any, third pady, or owner tvs a result cX t'c letter. Plemse do not hesiulte to icall or mail its withany que%stions. using t i c cculltainfbmatkm cantainext in theletterheadofthis IcItcr. Unk, fire &,Cas Ity Cimipany n.. ire '� 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 Mikhail Fyodarov <zussercompa,ny@9rnalI,com> ention Basin Project alus Unuale )ong@0pwJawunty.goY> Wed, Oct I 1, 202 3 at 8,53 AM w(ftmaiLcone` <zussercampany@,9rnafl-corn>, "ant an@zusser.com" <anton@zusser,00rn>, Cc• "Cody Duncan (Consultant)' <C,Dunr-an@dpw.lo,county,,gov>, Amy Le eAI-e@dpwlar-punt y.goV> Good moms ng, was reviewing this project today, --- ---------- - - - --------- Local Worker Participation Percentage achieved 64.06% Requirement 30% 1 Targeted Worker Participation Percentage achieved 46.16% 10% Thank you far havirig both numbers high. 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. 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 I on 703 we, 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. 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 cluctbanks, 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. a i. � I: a i. � I: a i. � I: a i. � I: Exhibit G 17901 Von Karman Avenue Suite 500 Irvine, CA 92614 I (949) 537-3800 SMTD LAW L L (949) 537-3822 (f) SALAMIRAD MORROW • 71MPANE . DUNN December29, 2023 Via Email Csggtierre.-khaldwinpark com) & Overnight Mail Sam Gutierrez Public Works Department City of Baldwin Park 14403 E. Pacific Ave. 'Baldwin Park, CA 91706 Re: Nationwide Contracting Services, Inc.'s Response to Bid Protest on the Barnes Park Multi Benefit Stormwater Capture Project ("Protect") Dear Mr. Gutierrez: This firm represents Nationwide Contracting Services, Inc. ("Nationwide"), the lowest responsive and responsible bidder 'onthe Project for the City of Baldwin Park ("City"). In accordance" with the City's Notice Inviting Bids and Bid Documents this letter shall constitute Nationwide's formal response to the protest of the disgruntled bidder, Kasa Construction Inc. ("Kasa"). In accordance with the requirements of the Contract Documents and California law, this letter is intended to be a request to deny the protest of Kasa and award the contract to Nationwide. In addition, Nationwide requests the opportunity to address the City before or duringconsiderationof any issues pertaining to theawardof that contract, which' opportunity is guaranteed by Government Code section 54954.3, subdivision (a). If this letter is not sufficient to accomplish these purposes, please let us know immediately what else is required, so we can comply. ' If we do not hear from you, we will proceed on the basis that this letter is sufficient. asa's Protest Lacks Merit and Does Not Provide Valid Grounds to Reject Nationwide's Bid The third lowest bidder, Kasa, protested the bids submitted by the two lowest bidders, Zusser Company, Inc. and Nationwide. It is our understanding that the City deemed Zusser Company Inc. non -responsible and has requested that Nationwide provide a response to Kasa's protest. As set forth below, Kasa's protest lacks merit as it is premised on incorrect'- assumptions and provides no good faith basis or legal position for the City to find Nationwide's bid non -responsive, let alone find Nationwide to be non -responsible. Kasa's protest cannot legitimately claim that Nationwide's bid is non -responsive, as Nationwide correctly and completely filled out the bid form and included the requested information. (See, MCM Construction, Inc. v. City and County of San Francisco, (1998) www.smtdlaw.com INv�vF Los A"NcE;Es 3a •"PWOFNIz Sam Gutierrez Public Works Department City of Baldwin Park December 29, 2023 Page 2 of 5 66 Cal.AppAth 359, 368 ["A bid is responsive if it promises to do what the bidding instructions require."]). Kasa's hyper -technical arguments are either incorrect or insufficient to find Nationwide's bid non -responsive. In its December 12, 2023, letter, the City correctly concludes 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)." Indeed, the City correctly found that much of Kasa's bid protest was based upon unsupportable arguments and baseless conclusions. The City can and should reject Kasa's protest on its face; however, Nationwide provides the following response to each of Kasa's bid protest arguments. 1. Luicci Abinader Is The Current President and Secretary of Nationwide The City correctly notes that Kasa's bid protest incorrectly alleges that Nationwide's bid is non -binding because it was signed by Luicci Abinader, who according to Kasa, is not Nationwide's president and secretary. Kasa is simply wrong, and Nationwide has provided documentation refuting Kasa's inaccurate argument. 2. Kasa's Immaterial and Hypothetical Arguments Do Not Render Nationwide's Bid Non -Responsive The remainder of Kasa's protest is based upon arguments that were manufactured after scouring Nationwide's bid, which is improper under California law. As the Court in Bay Cities Paving & Grading, Inc. v. City of San Leandro, (2014) 223 Cal.AppAth 1181, 1189 correctly noted: 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, [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his [or hers], a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy. (citing Ghilotti Construction Company v. City of Richmond, (1996) 45 Cal.AppAth 897, 908-09) It is well established under California law that bids which substantially conform to a public agency's request but contain some error or irregularity may be accepted if the error does not affect the amount of the bid or gives the applicant an advantage that other bidders did not have. (Bay Cities Paving & Grading, Inc. v. City of San Leandro, (2014) 223 Cal.AppAth 1181, 1198-1199.) Therefore, bids must be evaluated from a practical, rather than hypothetical, standpoint, giving due consideration to the public interest being served. (Ghilotti Construction Company v. City of Richmond, (1996) 45 Cal.AppAth 897, 908- 909; MCM Construction, Inc. v. City and County of San Francisco, 66 Cal.AppAth 359.) Competitive bidding statutes were enacted for the benefit and protection of the public and www.smtdIaw.com I RV t N � . Lc. A% _,, . O t_�.,%o . Piro :ix Sam Gutierrez Public Works Department City of Baldwin Park December 29, 2023 Page 3 of 5 not for the benefit of the bidders. (Judson Pacific -Murphy Corp. v. Durkee, (1956) 144 Cal.App.2d 377.) a. Nationwide's Bid Is Responsive, As Nationwide's Experience Meets the Bid Requirements. As the City is aware, if the bidder fails to list a subcontractor for a specific scope of work, the bidder intends to self -perform that scope of work. (Public Contract Code § 4106). Kasa's protest requests that the City look beyond the four corners of Nationwide's bid to determine whether Nationwide's experience is sufficient to meet the bid's requirements. In other words, Kasa wants the City to impose pre -qualification requirements — post bid — and then subjectively assess those requirements to determine whether Nationwide's bid is responsive. This is simply not a valid ground to determine a bid's responsiveness. (See, Baldwin -Lima -Hamilton Corp. v. Superior Court, (1962) 208 Cal.App.2d 803, responsiveness is to be determined from the face of the bid). Kasa not only has asserted improper grounds for determining responsiveness, but Kasa also asserts incorrect conclusions regarding Nationwide's experience. Specifically, Nationwide will self -perform the equipment installation and has prior experience performing park projects to meet the City's qualifications. (See Exhibit A). b. Nationwide Correctly Listed Jon Gilmer Construction Who Was Licensed At the Time of Bid Nationwide duly listed Jon Gilmer Construction to perform the Landscaping and Irrigation scope of work. At the time of bid, Nationwide verified on the Contractor's State License Board's website that Jon Gilmer Construction was licensed and able to perform its work.' Nationwide is informed that, after the bid date, the Contractor's State License Board suspended Jon Gilmer Construction's license due to its failure to timely renew its worker's compensation insurance. Under California law, in certain circumstances, a contractor is required to maintain worker's compensation insurance. (Business & Professions Code § 7125). Per the CSLB's website, Jon Gilmer Construction's worker's compensation insurance was active through September 21, 2023. Under Business & Professions Code § 7125.1(a): The registrar shall accept a certificate required by Section 7125 as of the effective date shown on the certificate, if the certificate is received by the ` Kasa's protest asserts that it included evidence that Jon Gilmer Construction was not licensed at the time of bid, but those documents were not provided to Nationwide. Based upon Nationwide's review of the CSLB website prior to bid, Jon Gilmer Construction had an active license at bid time. www.smtdiaw.com 1,zvl%[, • Lc)s ANGECE_ . OAKi_AND - PH ENiX Sam Gutierrez Public Works Department City of Baldwin Park December 29, 2023 Page 4 of 5 registrar within 90 days after that date, and shall reinstate the license to which the certificate pertains, if otherwise eligible, retroactive to the effective date of the certificate. In this matter, Jon Gilmer Construction represented that it was duly licensed and in the process of changing its worker's compensation insurer prior to bid. Based upon California law, Jon Gilmer Construction was still able to contract within 90 days of September 21, 2023 (i.e., up to December 21, 2023) if it had obtained the certificate, which Nationwide understood to have occurred. Nothing referenced in Kasa's bid protest, or the fact that Jon Gilmer Construction did not remedy its licensure issue in time to reinstate its license supports rejecting Nationwide's bid. (See, e.g., Menefee v. County of Fresno, (1985) 163 Ca1.App.3d 1175, 1180 [A public entity may waive minor irregularities or deviations in a responsive bid.]) Regardless of the current status of Jon Gilmer Construction's license, Nationwide correctly listed a licensed subcontractor at the time of bid and under California law is entitled to substitute that subcontractor if the subcontractor's license is subsequently suspended. (Public Contract Code § 4107(A)(6)). c. EverFence Has Extensive Fence Experience Kasa's protest of EverFence's experience is also misplaced. Again, Kasa is not protesting the responsiveness of Nationwide's bid, but instead is asking the City to look beyond the four corners of the bid and perform a post bid qualification analysis of the experience of Nationwide's subcontractors. EverFence's founder has over 20 years' experience in the fencing industry. In addition, EverFence has assumed control of Lakeland Fence's (CSLB license no. 286995) business operations. Nationwide is informed that Darren Smith, the owner of Lakeland Fence, is currently employed by EverFence. Lakeland Fence was established in 1973 to perform fence work. It is Nationwide's understanding that in addition to the affiliation between EverFence and Lakeland Fence's corporate structure, Lakeland Fence's management decisions are made by EverFence. (See Exhibit B).Z Thus, the experience of EverFence and its affiliate, Lakeland Fence, well exceed the requirements of the specifications. More importantly, Kasa's protest is akin to a subjective review of EverFence's performance requirements. In this regard, the individuals overseeing the fence installation each have over 15 years' experience in the fence industry and will be directly involved in the installation of the fencing on the Project. There is no doubt that EverFence has significant experience, and the installers performing the work at issue are well qualified 2 Additional information from EverFence and Lakeland Fence can be provided if needed. www.smtdiaw.com I, ,.... . L�c�s Ar =s O • Pt ix Sam Gutierrez Public Works Department City of Baldwin Park December 29, 2023 Page 5 of 5 and capable of performing the necessary work. If the City has any concerns regarding EverFence's qualifications, EverFence has offered to provide additional information. Finally, Kasa's protest misinterprets the qualification language in the bid documents. Specification 02 82 10, section 1.06 does not indicate that the prime contractor's bid is non -responsive if the listed subcontractor does not have 5 years of experience. Rather, this is a performance requirement that is to be assessed during the project and as part of the submittal phase. Nothing in Kasa's bid protest provides a basis for rejecting Nationwide's bid due to this specification section. 3. The City Must Award The Contract To Nationwide, The Lowest Responsive and Responsible Bidder Based upon the foregoing, Nationwide requests that the City deny Kasa's bid protest, and award the Project contract to Nationwide, the lowest responsive and responsible bidder on the Project. Nationwide looks forward to partnering with the City to complete this important Project. cc: Client Sincerely, SMTD LAW LLP Christopher Morrow www.smtdiaw.com m x D NATI -' WIDE CONTRACTING SERVICES, INC. 949-500-0894 W WW. NATIONWIDECONTRACTORS.NET December 27, 2023 Recent Playground Equipment Installation 1. Phase 1 SAUSD Washington Elementary - Santa Ana Unified. 2023 New playground installation at Basketball Court. 2. Costa Mesa Citywide Parkway Maintenance and New Sidewalk Construction - City of Costa Mesa 2022 Reinstalled Playground equipment at Heller Park. 3. Santa Ana Santiago Park - City of Santa Ana 2023 Installed 2 separate playgrounds at Santiago Park along with rubberized surfacing. 4. Bonita elementary school - LAUSD 2019 Installed 2 new adjacent playground areas at Bonita Elementary with rubberized surfacing. 5. Grand view elementary School LAUSD 2020 Installed new playground at Bonita Elementary with rubberized surfacing. Luicci Nader, President, Vice President, Secretary Nationwide Contracting Services, Inc. DBA Nationwide General Construction Services m X 2 A = EVERFENCE December 27, 2023 Dear Luicci, Relevant sister/related companies to EverFence Corporation are Lakeland Fence Corporation (CSLB License # 286995, licensed since August 1973) and A-M Fenceworks (CSLB License # 998327, licensed since November 2014). As well as the above -mentioned license information, our PM, Projector Coordinator, Estimator, Foreman's and General Manager all have well over 15+years of experience each. Please let me know if a breakdown of our employees' experience would help in this matter. We have completed over $20 million of fences this year, please let us know if you require any additional or references from these references. Thank you, Brian Davies Senior Project Coordinator Everfence Corporation 120 Newport Center Dr. Newport Beach, CA 92660 www.everfence.com Exhibit H December 20, 2023 750 The Cit-v Drive South, Suite 470 Orange, CA 92868-6905 Phone - (714) 740-3284 FAX - (714) 740-3300 Re: Nationwide Contracting Services Inc. DBA: Nationwide General Construction Services> bid bond extension To City of Baldwin Park: Per your request, this is to informed you that the bid bond issued to Nationwide Contracting Services Inc. DBA: Nationwide General Construction Services. on November 13, 2023 will remain valid for 90 days and unless further extended will expire on February 13, 2024. Sincerely, Great American Insurance Company Thanh Xuan Thi Nguyen Attorney -in -Fact GREAT AMERICAN INSURANCE COMPANY(g) Administrative Office: 301 E 4Ti"f STREET 0 CINCINNATI, OHIO 45202 5 3-369-50 0 0 FAX 513-723-2 40 The number of persons authorized by this power of attorney is not more than ONE No. 0 21617 POWER OF ATTORNEY t A L MEN BY THESE PSENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing er and by virtue of die laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Noise Address Limit of Power THAtdhl XUANTHI NGUYE i WEST INSTE ,CALIFORNIA $100,000,000 This rower of Attorney revokes all previous powers issued on behalf of the attorney(s)min-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25TH day of MARCH 2021 Attest GREAT A itiCEt ISt.t rL°ECCb 3 d Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMIL.TON - as: MARK VICARK) (877 377-2405) On this 25TH day of MARCH 2021 ; befine nee personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Sensor Vice President of the Bond Envision of Great American Insurance Company, the Company described in and which executed die above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSHI A KOHOMT Notary Public y State of Maio My Comm, moires y 15, 202 This Power of Attorney is granted by authority of the fallowing resolutions adopted by the Board of Directors of Great American Insurance Company ,by unanimous `tt consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Fice Presidents, Divisional Vice Presidents and Divisional Assistant Nce Presidents, or any one of there, be and hereby is authorized, fmin time to time, to appoint one or more Anorneysein-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits tiftheir authority: and to revoke any such appointment at any time: SOLVED FURTHER. That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be iffixed by facsimile to any power of attorney sir"certificate of either given for the execution alarm bona, undertaking, contract of sure ferhip or other written obligation in the nature thereof; such signature and seal when so used being hereby adopted by the Company as the original signature ofstem officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though nually affixed CERTIFICATION I, STEPHEN C, BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. and settled this day of w ' Assistant SecreYury CALIFORNIACIVIL CODE § 1189 n State of California } County of . _ } n Dca1 before me, hoi Tramp Notary Public Cate Here Insert Name and Title of the officer personally appeared Thanh Xuan T l u art Name(s) of Igner(s) who proved to me can the basis of satisfactory evidence to be the person(st whose name() issf subscribed to the within instrument and acknowledged to me that-4e/she/tfiey executed the seine in her/.r authorized capacity(' �r and that b her "r signature(s) on the instrument the person( ), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY F PERJURY Fancier the laws of the State of California that the foregoing paragraph is true and correct. =jt&PY ITN my hand and official seal. -Signature._.__.__ _A it nature caf lVratar l uiadlc 'lace Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this forma to an unintended document. Description of Attached Document Title or Type of Documents � ,. _ :w:_a.. _.___.-w-.._ Document Cate; _ umber of Pages. Signer(s) Other Than Named Above: a a l (les) Claimed bySigner(s) Signer's Same: Signer's Name. Ej Corporate Officer -- Title(s). EJ Corporate Officer - "Title(s): 0 Partner --: D Limited ❑ General 0 Partner --- Ell Limited General - E.1 Individual ❑ Attorney in Fact Individual ! � Attorney in Fact CJ Trustee 0 Guardian or Conservator 0 Trustee _vi Guardian or Conservator • Other: F] Other Signer Is Representing: Signer Is representing; 02015 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY Y (1-800-676-6627) :Item" 5907 e: F " N I ILI t J pp U'- F ! 790 The City Drive South, Suite 200 Orange, CA 92868 (714) 6 -5725 — PHONE (866) 547-9li - FACSIMILE January 4, 2024 City of BaldvAn Paris 14403 Pacific Ave, Baldrnrin Paris, CA 911706 R: KASA Construction, Inc. Project; BARNS PARK MULTI -BENEFIT STORMi ATER CAPTURE PROJECT, City Prgject 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 Li $a , Attorney -In -Fact Nz� Seat No. 6700 lu powasA00mey Igraits; the attli,4 mole raimod hwwft� sindoeyllm he atbo*to I$nd the Company except in this larighher itivi *Vw adat herroln ttniad� KNOWN ALL PERSONS BY THESE PRESENTS., I&" Mutual Insurance Company is a corporation � under the lam of the State of Indiana (hensin wilect Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY he Ohio Casualty insurance Company is a corporation M anized under the laws of the State of Massachusetts, and W, led pursuant to and by authority herein sat Certificate No. 8209682-024103 4wd under the laws of the State of New Hampshire, that erican insurance Company is a corporation duty organized does hereby name, constitute and appoint, Jose all of the city of _ ---------- _- -Sm Dim state Of CA each individually ff there be more than one named, its true and ley-in-fact to m*e. execute, seal, acknowledge and defivar, for and on As behalf as surety end as its ad and deed, any am all underlairiNs, bonds, rowgruizanow and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as I they have been duly signed by the president and aftsled by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, thL% Power of Allomey has been subscibed by an mthofted allow or official of the Companies and the corporate seals of the Companies hm been affixed thereto this 13th day of March , 2023 , State 01 Cowty On this Compa, therein IN WTI Liberty Mutual Insurance Company txatr 10 INS& X"acre The Ohio Casualty Insvance Company West American Insurame Company 191 19 9RI 9, IYA By: David M. Carey, Assistant Secretary Sr PENNSYLVANA of MONTGOMERY I 3th day of March 2023 before me personally appeared Dwid M. Carey, who acknowledged himself to be the Assistant Secretary of Lib" Mutual Insurance 4 j, The Ohio Casualty WCompiWy, and Wert American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes '4 contained by signing on behalf of the corporations by hinoW as a duty authorized officer. i MESS WHEREOF, I have hereunto subscribed my nan* and allbred my notarlal seal at Plymouth Meeting, Penns)lvania, on the day and year first above mitten. a CL C Commonwealth of Pe"reylvAno.-WifY—sm, > a lemso Pmelta, Noiary Puuk MMVt)ff*(y Cray MY 0UMfflJ$ftA expfM Marth 20, 2025 Ely- C.Of"Mmm nmber 1126044 M.Mber, Pe-sMnfa A=096bn 0 NaWno Teresa Pastels, Notary Public ^d< C r This Power of A" is made and executed lawsuant to and by allftrKy of the following By -lam and Aultiorizations of The Ohio Casualty Insurance Company, Liberty Mutual tnsurance Company, and West American Insurance Company which resolutions are now in full force and offed reading as follovm c ARTICLE IV' - OFFICERS: Section 12. Power of Attorney. C Any officer or other official of the Corporation authorized fax that purpose in writing by Me Chairman or the President, and subject to such limlialion as the Chairman or line - President may prescribe, shall appoint such atlorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowtedile and defiver as surety 53 any and all underigings, bonds, recognizances and other surety obligations. Such allwaysmin-facta subject to the limit onS set lb0h in their respective powers of attomey, shag c have full power to bind ltva Corporation by their signatum and execution of arry such ftlyuments and to attach #*Mo the seat of Me Corporation. When so executed, such instruments shalt be as binding as If signed by ft Presldent and attested to by the SecAny pow or aulhorty granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, he President or by the after or offims granting such pow or authority, C ARTICLE )011 - Execution of Contracts. Section 5 , Surety Bonds and Undertakings Any (Acer of tire Umpany mAhonzed for that purpose in writing by the chairman or the president, and subject to such lirnitaboris as the chairman or the president may prescribe, shall appoint such ftmeys-in-fact, as may ben to act in behalf of the Company to make, execute, seal, ackin(Wedge and deliver as surety any and At undertakings, bonds, moognizances and other surety obligations, Such attomaysam-fact subject to the limitations so " in thew respective powers of aft", shall have full power to bind the Cornparry by their signature and execution of any such insVurnerris and to attach therdo the seat of the Company, When so executed such instruments shag be as binding as if signed by the president and atlestati by the secretary. CeMk,m of Designation - The President of the Company, acting pumuent to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such qftmays4- W as may be necessary to ad on behalf of the Company to make, execute, seal, M*nowledge and deliver as surety any and all urdertakings, bonds nroognizances and other surety obligations. Authorization - By unanimous consent of the Comparry's Mard of Directors, the Company consents that fa mile or mechaniaalty re used signiffire of any assistant secretary of the Company. Wwever appearing upon a oarbiled copy of any power of attorney issued by the Company in connection with saraty bonds, " be valid and binthing upon the company with the some force and effect as though manually affixed, 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casuallry Insurance Company, Liberty Mutual Insurance Company, and West Amedcan Insurance Company do hereby cardly that the original power of abmay of which the foregoing is a full, true and correct copy of the Power of Attorney execuiled by said Companies, is in full force and effect and has not been revoked. INTESTIMONY WHEREOF, I have hereunto so my ham and affixed the awls of add Companies this 4th day of January 2024 ewsdo act M %Nsu* Otp 0 191 OR Ica asBy: Renee C. Liewel1r, Assistant Secretary LMS-12873 LMIC OCIC WNC Mulb Cc 02121 1�ibert y_Mutual. SURETY Liberty Mutual Surety jr j�� bm As part of its business continuity efforts during the pendency of the COVID-1 9 pandemic, Liberty Mutual Insurance Company (KLMIC") 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. Renee C. Llewellyn, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT FFrA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San i On 'TAN 10 4' 2024 before me, Judith Samuel, Notary Public personally appeared Lisa Sayno who proved to me on the basis of satisfactory evidence to be the person( -&) whose name( -Fri re subscribed to the within instrument and acknowledged to me that he they executed the same in his(gYtheir authorized capacity(ies), and that by his oDtheir signature() on the instrument the person(-&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JUDITH SAMUEE COMMissmin NO-2452311 WITNESS my h nd and official seal. NOTARY PUBLIC - CALIFORMA SAN DIE GO COUNTY Commilmion Exom JWy 4,2027 JNO �(Nltwy P�Ublll Seal) Comm,"o, E*ff" JAy 4,2117 ADDITIONAL OPTIONAL INFORIVIATJONINSTRUCTIONS FOR COMPLETING THIS FORM Thj_t 'f,rnt comj7cis width current Calf of srutures regarding rrofwawording enact, DESCRIPTION OF THE ATTACHED DOCUMENT ij'needed, shotdcl be comptered and atrached lo the docunlent- I eknowledgments ftom other states mqy be compleredfor cfocumenty being sent io thar ware so long as the wording does not require Me Caltfiprnia notary to violafe Calrfornia notart, (Title or desoripbon of attached document) o State and County information must be the State and County where the document signcrts } personally appeared before the notary public for acknovviedgment- - Date of notarization must be the date ihat the signer(s) personally appeared which (Title or desonpiiotl of attached document continued) must also be the same date the acknowledgment is completed. ry s The notary public must print his or her name as it appears within his or her Number of Pages — Document Date—,.,-- commission followed by a cornma, and then your title (notary public), Print the names) of document signer(s) who personally appear at the time of notarization, CAPACITY CLAIMED BY THE SIGNER & Indicate the correct singular or plural f6orns by crossing off incorrect fortris li.e, is iafv I or circling the correct forms. Failure to correctly indicate this El Individual (s) information may lead to rejection of document recording. El Corporate Officer a The notary seal impression must be clear and photographicaBy reproducible, Impression must not cover text or lines, If seal impression smudges, re-scal if a Title suffliciew area permits. otherwise complete a different acknowledgment form, El Partner(s) a Signature of the notary public must match the -signature on file with the office of the county clerk. El Attorney -in -Fact Additional information is not required but could help to ensure this ED Trustee(s) acknowledgment is not misused or attached to a different dt:%turrram. Other Indicate title or type of attached document, number ofpagesand dare. Indicate the capac i%v claimed by the signer- If the claimed capacity is a corporate otTicer, indicate the title 0,e, CEO, CFO, Secretary - 20 15 ',,ersiun NoLlry 0asses corn SOD-?7 3 -386 5 ■ Securely attach this document to the signed document with a staple. City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 RE: Zusser Company Inc. Los Angeles, CA. HUMIMMUMM We provided Zusser Company("Zusser') with the bid bond for the captioned project which bid on November 14, 2023. That bid bond expires on January 14, 2024, which is 60 days from the date of the bid. Please accept this letter as an extension of the bid bond coverage for an additional 30 days. This letter is to provide you with assurance that the bid bond in your possession is valid through February 13, 2024, Irene Attomev-in-Fact I ill�ir:iiiiiiir I M7111111! 11'1'w ; I �'� 'ji �i I , i I ; i i ��i aiany, t-�ompan 24800 Cnnsar,Sta Drive, Suite 160, Kss€on Vi �., o, �PjCA 92691 OU Fret.. k8'OU' Main Line (949),.61 7 0 Fax (9,49) 461-7725 Cahfornia L-kc-,ense Nc, 0(-7667136 www CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the dtacurrent to which this certificate is attached, and not the truthfulness accuracy, or validity of that document STATE OF CALIFORNIA County of Or i On before me, _ Theo Nguyen Litt Notary Pubic, T^ Date i Insetf Name of Notary appears exactly as it a ears an the official al personally appeared Irene Luon i� ata (—) ®f 6gner(sj who proved to me can the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheithey executed the same in his/her/their authorized capacity(ies), ® - - and that by his/her/their signature(s) on the instrument the THAO NGUYEN LUU Hotsry Pa¢blkc a Cal rnla persdn(s), or the entity upon behalf of which the persons} _ n.. Orange County C acted. executed the Instrument. ,• 4earvsr�lssl X 7�3ti44 gay caer EExpar Jat is, 2az7 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature I Place Notary Seal Above Signalure of Notary Public i OPTIONAL Though the information below is not required by law, it may prove valuable to personas relying can the document fraudulent the form to document. aria could prevent removal and reattactlttment of another I Description of Attached Document Title or Type ofDocument: Document Date: ..m,� � Number of Pages Signer(s) Other Than M1larned tkbove' ap city(ie ) Claimed by Signer(s) Signer's Name . _� _ � m^. � : � m � Signer's Name: 6 0 Indi°vidua! ® Individual ® Corporate Officer [] Corporate Officer—Tltle(s)_ _, El Partner E] Limited El General D Partner ® Limited El General , E Attorney in Fact e ® Attorney in Fact ® Trustee Trustee ® Guardian or Conservator rod, ,rs ",hj llb i.ere Guardian or Conservator ® Other ® Other: Signer is Representing, P g, I SIft�r fS g Representing: LI ..: . UNITED FIRE & CASUALTY CONVANY, CEDAR RAPIDS,IA I gtsiriet. Surety Departinent UNITED FIRE I OMPANY, WEBSTER,IX 118 Second Ave SE Uf19 FINANCIAL, PACIFIC INSURANCE COM'9'PA Y', LOS ANGELES, CA CedarRapids,,IA 2401 NSUl ANGE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS,Tbat United Fire & Casualty Company, a corporation dray organized and existing tinder the lags of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of `texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of C:alifo is (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, doLn intake, con% iruEc and appoint JAMES W. MOILANEN, YUNG T. MULLIOK, P. AUSTIN NEFF, IFENE LUONO, EMILIE GEORGE, CHRISTINE WOOLFORD, DANIELLE HANSON, ALEXAN ER R. HOLSHEI ER; EACH INDIVIDUALLY their uue and lawful A ey(s)®' F t with power d authority hereby conferred to sung seat d execute in its behalf all lawfal bonds, undertakings d other obligatory . eats of similar nature provided t no single obligation shall exceed $40, 000, 000. 00 d to bind the Companies thereby as folly and to the same extent as if such instrurnents were signed by the duly authorized officers of the Companies d all of the acts of said .Attorney, pursuant to the authority hereby given and hereby ratified and confirmed° The Authority hereby granted shell expire the 16 th day of May, 2 24 u n I ess soon st r revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw drily adopixel by the Boards of Directors of United Fire & Casualty Company, y, United Fire & Indeninivy Company, and Financial Pacific Insurance Company, "Article VI — Surety Bonds and Ltndet kia s"° Section 2, Appointment of Atto ney-fit-Fact. "The President or any Vice Presideni, or any other officer of the Companies tiaay, from that eto time, appoint by wrinm cerlifleates attorneys -in -fact Ica act in behalf asfthe Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, maybe affixed by facsimile io any power of auorney or stocial power of attomcy or certification of either authorized hereby; such signature and seal, when so card, being adapted by the Comparno as the original signature of such officer and the original seal of the Companies„ to be valid d binding upon the Companies with the same farce and effect as though manually affaxcd. Such attomoys-in-fact, subject to the limitations sot of Barth in their respective cenificates of authority shalt have full power to bind the COMPenICS by thetT sagnataarr and execution of any such morumernu; and to attach the seal the Companies thereto° The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time mvoke all paver and authority previously given to my attorney-m-fact . IN W11 NESd WHEREOF, the COMPANIES have each caused these presents to be signed by its am,,vice si t arid its corporate seal to be hereto affixed this 1 t h day of May, 2022 eggWWB¢68ae_ 9C@$@gUM „��a�s� ��,aWhe?tp✓P,.�¢A aaC�A9gp�re.�,M �� q lt� w ITNI -,D FIRE & CASUALTY COMPANY °ise ¢c _UNITED FIRE E I COMPANY ® FINANCIAL, PACIFIC INSURANCE CO ANY tp��F' 86f88a4��g � 889@P te8 mmtW�t 4°ey g �¢¢,s9o,b4a�f -B Y state Of Iowa, Co ay oflss; Vibe President On 16th day of May, 2022, before toe personally arse Dennis J. Riohm nt5 to me known, who being by the duly sworn: did depose d say; that he reside in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Fin vial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seat affixed to the said iris cent is such corporate seal„ that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, d acknowledges e to be the act and deed of said corporations. e Judith A. Jones tsw2 Notarial Seal __ w Commission tea r 173041 Public My Corinnission Expirea 42342024 �w-mniliss iott exla -0i23f2024 L Mary A Beach, Assistant Secretary of United Fire& Casualty Company and Assistant Secretary of limited Fire& Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the for _ping copy of the Power of Attorney and affidasb, and the copy of the Section of the bylaws and resolutions of said Co rations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same arc corrmt transcripts thereof, and of the whole of the said originals, and that the said Power ofArforney has not been revoked and is now in fail force .and effect. Irt testimony whereof I have hereunto subscribed my name and affixed the corporate seat of the said CoTorations this __2 t st day of December 2023 d s Is eta¢ ¢'r ter° s%}a;m6& � "5cLye,,? 0 BY: � ,AIIssist ®tom Secretary, � ���g 8A65 09'b4�4 ✓ � pp946W94�4°^�b� dda�ft 94�b x"" F&C &%. UF&I EPIC �9 ry 5 dPPi pgry9S4 BS OA0045 122017 �t Yy 1��t�N'�s`425jt °Gt�tC' � January 30, 2024 VIA E-MAIL [MARI0N.IIACK@TR0UTMAN.00M1 Marion T. Hack Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 VIA E-MAIL [RNIESLEY@WATTTIEDER.00M1 Robert C. Niesley Watt, Tieder, Hoffar & Fitzgerald, LLP 2040 Main Street, Suite 300 Irvine, California 92614 VIA E-MAIL [CNI SMTDLAW.COM ] Christopher Morrow Salamirad, Morrow, Timpane & Dunn LLP 17901 Von Karman Avenue, Suite 500 Irvine, California 92614 Grant R. Orbach Associate 916 329-3692 grant.orbach@bbklaw.com 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 the attribute of trustworthiness [... ] to satisfactorily perform the public works contract". (Public Contract Code section 1.1.03). 65431.40014\41989058.1 Marion T. Hack, Robert C. Niesley, and Christopher Morrow January 30, 2024 Page 2 • Zusser has not demonstrated candor in connection with the instant proceedings. Zusser conditioned its willingness to provide the City with requested documents material to the City's inquiry on the City providing the "evidence" which prompted the request, and when such "evidence" was not forthcoming, refused to comply. Such conduct is inconsistent with Zusser having "demonstrated the attribute of trustworthiness [... ] to satisfactorily perform the public works contract". (Public Contract Code section 1103). For the absolute avoidance of doubt, the City has requested that Zusser provide the City with, by way of illustration and not by limitation, any "claim[s]", any "written statement[s] identifying what portion of the claim is disputed and what portion is undisputed", and any "written statement[s] identifying the portion of the claim that remains in dispute and the portion that is undisputed" as described in section 9204 of the Public Contract Code, or any similar documents, for the John Anson Ford Park Infiltration Cistern Project, and Zusser has refused to comply, first under an assertion of mediation privilege, and later under an assertion of irrelevance in the absence of the City identifying the evidence prompting its inquiry. In the unanticipated event that Zusser now claims that it did not understand that the City was requesting this information, the City's request is renewed, and Zusser shall provide such documents to the City immediately. Time is of the essence. As to Nationwide's bid, City staff is of the opinion it is responsive and that the responsibility accusations against it do not rise to the level of non -responsibility. This is particularly true because those non -responsibility accusations have not been adjudicated and Nationwide, unlike Zusser, has demonstrated candor with respect to the matters it has been permitted to address. To the extent Nationwide has not addressed other matters raised by Zusser, it is because Zusser unconscionably withheld such information from prior correspondence so that it could deprive Nationwide of notice and an opportunity to respond. For Zusser to claim that its due process rights are being violated, and then turn around and egregiously "sandbag" its business competitor with last minute non - responsibility accusations to which it has been deprived an opportunity to respond to, smacks of bad faith. For the avoidance of doubt, the undersigned would appreciate if counsel going forward limit their communications with the undersigned to writings upon which counsel of record for the other of the three (3) lowest bidders are copied. Sincerely, Grant R. Orbach for BEST BEST & KRIEGER LLP GRO:ab Encl.: Correspondence Since January 1.1, 2024 65431.40014\41989058.1 Best Best & Krieger LLP Grant Orbach From: GrantDrbach Sent: Tuesday, January 3U'2024zk21 PM To: 'Hack,Marion T.';'RobertNiedey';'cm@smbd|avxcom' Cc: 'Rosenberg' Michelle 8.';Amanda K4arutzh/ Subject: FW: Re: KA5A Construction, Inc.'s ex parte advocacy, albeit apparently confined to positions taken within its papers, could be perceived as an attempt to (a) deprive the lower bidders of their due process rights and (b) instigate a serial meeting in violation ofthe Brown Act. I am forwarding the email so that if any of the lower bidders take issue with its contents they have anopportunity toheheard inthe matter. From: Enrique Vega Date: Tuesday, January 3Ci2U24atI2:54PK4 To: Daniel "Danny"Damian , Emmanuel ].Estrada ,A| jandraAvila , Monica Garcia Jean K4.Ava|a Cc: Enrique Za|divar , Sam Gutierrez ,Romany B8Si|yOuS , Subject: Re: Good Afternoon Councilmember Damian, Thank you very much for your prompt response. We appreciate the opportunity to share our concerns with you, your colleagues, and your staff. I am writing on behalf of KASA Construction, which submitted a bid for the Barnes Park Stormwater Capture Project. As you may be aware, KAS4 also submitted a Formal Bid Protest against the lowest bidder, Zusser Company, and the second lowest bidder, Nationwide Contracting Services. KASA identified several issues of concern in both proposals submitted by Zusser and Nationwide. Fitness Ability, Capacity, Experience -At the end ofthe day, this isapark project, and amongst other things, there was adecent amount of Storm Drain work, which the Zusser and Nationwide are more versed in than KASA, and that is why they bid on the project. The amount of Storm Drain work is a small percentage of the overall bid. . If it was just a park project, neither Zusser nor Nationwide would have even bid on the project requires the General Contractor to have built X amount of Parks in a certain period of time, neither would have likely qualified, but KASA would have. Additionally, KASA listed a very experienced and qualified sub to perform the underground storm drain, which is all the company does. 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 concerning 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 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 City investigated this claim by KASA and determined that Zusser appears to be a NON - RESPONSIBLE bidder. This determination was not solely based on the reasons alluded to in the Protest relating to Zusser's record before the Department of Industrial Relations but also because the investigation's findings did not instill confidence in staff that Zusser "has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to perform the public works contract satisfactorily." • Unless Zusser can show good cause, City Staff intends to recommend that the contract be awarded to the next lowest responsive bidder, which it believes to be Nationwide. 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 not the most qualified vendors 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. Proven Track Record and Competitive Pricing • KASA is 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. KASA self - performs several trades in-house and owns and operates its own machinery for total control over the work. KASA currently has 2 street improvement projects and four park projects. • KASA is not merely trying to leapfrog the two lowest bidders. In fact, as a result of Zusser being deemed a non -responsible bidder, the lowest bidders, Nationwide and KASA, are separated by approximately $150,000 on this multi -million -dollar project. • It is KASA's opinion that the City and Residents deserve the most qualified bidder for this project, not just the cheapest. KASA Construction Inc. is by far the most experienced, qualified bidder for this project. Due to the aforementioned concerns and KASA's extensive experience in parks projects we respectfully request that the council award the contract for the Barnes Park Stormwater Capture Project to KASA Construction Inc. Thank you for your time and consideration of this matter. Respectfully, Enrique Vega Vice President The Principia Group On Thu, Jan 25, 2024 at 5:41 PIVI Daniel "Danny" Damian <DDarnian@baldwinpark.com> wrote: Hi Mr. Vega, Thank you for reaching out with your concerns. I welcome any points you would like to make regarding the project and recommend that you email them to me as well as to staff for the city council to take into consideration at the February 7th council meeting. Please CC the following CEO Enrique Zaldivar - Ezaldivar(& ,baldwinpark.com Public Works Director Sam Gutierrez - Sgutierrez(ji.)baldwippark.com Engineering Manager Romany Basilyous - Rbasilyous(Li),baldwinpark.com Chief Deputy City Clerk Shirley Quinonez - Squinonezkbaldwinpark.com Thank you! I Councilmember City of Baldwin Park 14403 E. Pacific Ave Baldwin Park, CA 9171 City Hall 626-813-5201 Fax 626-337-2965 Cell 626-634-1860 www.baidwinpark.com City Hall is Closed on Fridays 0 From: Enrique Vega <enrigue@principiagroupllc.com> Sent: Thursday, January 25, 2024 4:31 PIVI To: Daniel "Danny" Damian <DDamian@baldwinpark.com> Subject: Good Afternoon Councilmember Damian, I hope this email finds you doing well. My name is Enrique and I am reaching out on behalf of a vendor that is looking to do work with the City of Baldwin Park. We would like to request a meeting to discuss the Barnes Project Stormwater Capture project bid which the city will be having a hearing for on February the 7th. We would like the opportunity to discuss some concerns that we have with some of the bidders and the project as a whole. We hope that we will be able to shed some light and highlight some issues we find problematic so that the City and the Residents of Baldwin Park get the most qualified vendor to complete the project. Thank you in advance for your time and consideration of this request. We look forward to hearing from you. Sincerely, Enrique Vega Vice President The Principia Group Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 troutman.com Marion T. Hack D 213.928.9885 marion.hack@troutman.com January 16, 2024 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 THIRD REQUEST FOR EVIDENCE OF NON -RESPONSIBILITY - AMENDED Mr. Orbach: This letter is being submitted in response to the City of Baldwin Park's ("City") January 11, 2024 letter setting a hearing date for Zusser Company, Inc. ("Zusser") and Nationwide Contracting Services, Inc. ("Nationwide) to demonstrate they are responsible bidders for the Barnes Park Multi Benefit Stormwater Capture Project ("Project"). Please refer to this letter as we have added additional information that was left out of the letter originally sent on January 1 E 2024. The City is required to award the contract to the lowest responsible bidder. (See City of Baldwin Park's Municipal Code §§ 34.27 through 34.38 [all contracts shall be awarded to the lowest responsible bidder pursuant to the public contract code].)' Zusser's bid was the lowest and its bid has already been deemed responsive by the City (See City's letter dated December 12, 2023 at pg. 2). The City has nonetheless claimed Zusser is not responsible and has set a hearing to determine the responsibility of both Zusser and Nationwide, the second low bidder. Because of that determination of non -responsibility, the City must provide any evidence it is relying on in its determination of responsibility to Zusser, prior the January 19 date for briefing that the City has set. See City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871. The California Supreme Court is very clear on this very point: "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 ' . "[W]hen a public entity solicits bids, it represents, consistent with the statutory mandate, that if the contract is awarded, it will be awarded to the lowest responsible bidder." (Kajima/Ray Wilson v. Los Angeles County Metropolitan Transp. Authority (2000) 23 Cal.4th 305, 315.) 167259427v2 Grant R. Orbach January 16, 2024 Page 2 received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract.]; see also Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) To date the only evidence provided by the City is as follows: "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 its 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 Code Section 1103)." (See December 12, 2022 letter.) Since this is the only evidence that the City has identified as the basis for questioning of Zusser's non -responsibility, Zusser will provide additional rebuttal evidence by January 19 as requested by the City. If the City is basing its decision on any evidence "received from others or adduced as a result of independent investigation" regarding the City of Bell Gardens project or any other information, the City must provide that evidence and Zusser will respond accordingly. Zusser is not required to rebut evidence that has not be presented nor can it. Wholesale requests for records that are not the basis for the City's non -responsibility determination is not appropriate nor relevant. If the City has evidence of specific issues as to the City of Bell Garden's project, Zusser must be informed of such so it can prepare a response and provide the appropriate documents to rebut said allegations. Of note, the City has not provided to Zusser any evidence of a negative reference obtained by the City. So far, the City has admitted that it did not contact all of Zusser's references or that some of the references did not respond. (See December 20, 2023 Letter) If there is evidence of a negative reference, it must be provided to allow Zusser to respond. . Please confirm that the above evidence correctly reflects the record or if the City wishes to amend the record. If the City amends the evidentiary record, Zusser may need more time to respond. Sincerely, Marion T. Hack cc: Misha Fyodorov 167259427v2 IEDER WATT, TIEDER, HOFFAR & FITZGERALD, ININA29KIPPOIND Grant R. Orbach, Esq. Best, Best & Krieger LLP 500 Capitol Mail Suite 1704 Sacramento, CA 95814 grant.orbach@bbklaw.com Re: KASA Construction's Bid Protest on Bames Park Multi Benefit Stormwater Capture Project ("Project") F01-70311191= This letter constitutes KASA Construction, Inc.'s ("KASA") response to the City of Baldwin Park's ("City's") letter dated January 11, 2024 regarding the February 7, 2024 hearing and the City's invitation for written statements regarding the Barnes Park Multi Benefit Stormwater KASA has completed nearly 50 park projects. It is one of the most respected park builders in of Newport Beach, City of Tustin, City of Westminster, City of Orange, Pomona Unified School District, Lewis Operating Corporation, Lennar, City of Norwalk, K. Hovnanian Homes, City of Rialto, City of Rosemead, City of Gardena, City of Redlands, City of Santa Clarita, City of Torrance, City of Villa Park, City of Rancho Palos Verdes, City of xi' lanto, City of Monrovia, City of Westlake Village, City of Chino Hills, City of Moreno Valley, City of South Pasadena, General Contractors: The Penta Building Group and Architects: David Volz Design and Community Works Design Group. A complete list of all of KASA's park projects is attached as Exhibit "A". Notably, KASA has also been nominated by the Penta Building Group for the 2023 Quality Contractor of the Year, 2023 Safety Contractor of the Year, and Carlos Jimenez, one KASA's employees, for 2023 Safety Leader of the Year due to KASA's outstanding work on a high profile project on the San Manuel Indian Reservation. STTIT�l ionwiae-777-a 177A F I Ff 7=71= their storm drain experience, but storm drain work is only a small percentage of the overa�l work for this Project. KASA listed an exceptionally experienced and qualified subcontractor to perform Grant R. Orbach, Esq. _Rr_L, �A_YY_Leger LL?: January 19, 2024 Page 2 the underground storm drain work. Nationwide attempts to expand its experience in its December 27, 2023 letter by including recent playground equipment installation projects, but the playground installation is only a small portion of the scope. KASA has also performed five other park projects with the same landscape architect the City used to design this Project. See attached Letter of Recommendation from David Volz Design attached as Exhibit "B". When assessing the "quality, fitness, capacity, and experience to satisfactorily perform the public works contractPub. Cont. Code § 1103, based on KASA's extensive experience in park projects, there is no better team to execute this work than KASA. KASA's success is also attributed to it's experience and technical and designers who svecialize in parks, in order to value engineer projects for Owners. This results in a win -win scenario for all parties to achieve a better overall project at a lower cost. No other bidder besides KASA can prove performance and success from past experiences. KASA understands that the City is choosing to only consider the bid protest on the grounds of non -responsibility rather than non -responsiveness. Nonetheless, the non -responsiveness of the bids evidence the non -responsibility of the bidders. Based on the letters provided to the City to date, neither Zusser nor Nationwide have rebutted the presented evidence in KASA's protest which challenges their respective responsibility. Most notably, neither have addressed their unfair advantage of listing an unlicensed landscape subcontractor. See Gbil uifb n eoV*Ofv 45 Cal. App. 4th 897, 904-905 (1996Ops.Cal.Atty.Gen. 129, 130 (1966)). Both Nationwide and Zusser listed an unlicensed landscape subcontractor and a fencing v4-* Q_mwLQAw&eg�AheAe_f_med Specifications for the Project. Zusser has y, et to address these defects. Nationwide concedes in its December 29, 2023 letter that a bid error "may be accepted if the error does not affect the amount of the bid or give the applicant an advantage that other bidders did not have." Nationwide and Zusser both had a clear, unfair advantage in listing LoweArctrice for this unlicensed subcontractor on their bids. Such an advantage is material, and cannot be waived by the City. Neither Nationwide nor Zusser have the experience of a C-27 license to perform the unlicensed landscape subcontractor's work. Zusser concedes in its December 22, 2023 letter that "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." Here, Zusser is truly not able to perform the contract without a licensed subcontractor or a C-27 license. Nationwide claims, without evidence, that its unlicensed landscape subcontractor was licensed at I.id time, Nationwide then attem%ts to circumvent this defect in their bid by claiming they can self - perform or substitute. Again, Nationwide's lack of licensure precludes them from having the -wakfia 4-awa- su6confractor To only L11CII USSU111C UICJ 00"o of the irrigation and landscape work is significant on this Project — for KASA it exceeded $1 anuary 19, 2024 Page 3 million. Only an experienced, licensed landscape contractor can perform the major coordination and troubleshooting that will be required for dealing with existing conditions of an irrigation system for a retrofit and expansion, which is what is anticipated on this Project. Similarly, Zusser's bid was further non -responsive because it listed more than one subcontractor for the same electrical scope and Zusser does not have the requisite C- 10 license to self -perform that work. See Public Contract Code § §4100-4113; KASA's November 20, 2023 Letter to City of Baldwin Park. Zusser has yet to address this defect in its bid. Nationwide takes the position that it has demonstrated "the bid promises to do what the contract requires" and yet asks the City to ignore the contract specifications of its fencing subcontractor as ri all nge do IT M lm;�M R [IM&MIFATMIrg ORM MRRW==iWVMI6'IrI9*IWI --- project is irrelevant since LUSser MEN at projeCL aS a reierefice anu on that project at issue for the City's consideration of Zusser's responsibility. on allegations made by the Construction Laborers Trust funds for Southern California Administrative Company in a pending lawsuit in the United States District Court for the Central District of California, Case No. 8:23-cv-00521 which Nationwide has yet to address. Grant R. Orbach, Esq. Best, Best & Krieger LLP January 19, 2024 Page 4 Th-e-107-SHOUlU MJULA VOUI to KASA. M= MR= Robert C. Niesley 1 *41 molloolm AIL 1 "i R 1...,1 C 1 Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 List of Parks and Athletic Field Projects Completed by KASA Construction 1. 1013ON -Ontario - Veterans Park 2. 1101RE - Redlands - Terrace Park 3. 1103MU - Murrieta - Torrey Pines Park 4. 1205ON - Ontario - South Bon View Park 5. 1208PE - Perris - Mercado Park 6. 1401RP - RPV - Abalone Cove Shoreline Park 7. 1402NM - NMC Builders - Mill Creek Wetlands Park 8. 1403RP - RPV - Abalone Cove Park - Restroom and Parking Lot 9. 1404ON - Ontario - Celebration Park 10. 1406FO - Fontan - Sierra Crest Park D 11. 1408BE - Bellflower - Flora Vista Dog Park 12. 1501NE - Newport - Back Bay Park 13. 1502OR - Orange - Grijalva Park 14. 1504RC - Rancho Cucamonga - Etiwanda Creek Park 15. 1505BE - Bellflower - Zinn Park 16. 1507MO - Moreno Valley - Palm Middle School Athletic Fields 17. 1511GL - Glendora - Drought Tolerant Landscape and Dog Park 18. 1605SP - South Pasadena - Dog Park Project 19. 1606TU - Tustin - Detention Basin Passive Park 20. 1608HU - Huntington Beach - Worthy Park 21. 1701RO - Rosemead - Jay Imperial Park 22. 1702OR - Orange - Yorba Park 23. 1704ON - Ontario - Celebration Park North 24. 1705R1- Rialto - Joe Sampson Park 25. 1708MV - Moreno Valley - J F Kennedy Park 26. 1804CH - Chino Hills - Los Serranos Park 27. 1805JV - Jurupa Valley - Riverbend Park 28. 1902FO - Fontana - Sierra Crest Park 29. 1905LF - Lake Forest - Portola Park 30. 1908CY - Cypress - Oak Knoll Park 31. 2009YU - County of San Bernardino - Yucaipa Regional Park 32. 2006WE - Westminster - Mendez Tribute Park 33. 2008OR - Orange - Handy Park 34. 2101CH - Chino - Discovery Park 35. 2102FO - Fontana - PA16 - Park 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com AIL Building the Foundation for our Future CA License No. 927544 1 Classifications: A, B, C-27, C-10 36. 2106GG — Garden Grove — West Haven Park 37. 2107JV — Jurupa Valley - Shadow Rock Park 38. 2107JV — Jurupa Valley — Adventure Park 39. 2107JV — Jurupa Valley — Discovery Park 40. 2109AD — Adelanto — Marconi Park 41. 2201MO — Monrovia — Lucinda Garcia Park 42. 2205SF — San Fernando — Layne Park 43. 2303WI — Winchester — KB Willow Glen Park 44. 2304EM — El Monte — Merced Ave Linear Park 45. 2305HO — Homeland — Countryview Park 46. 2307EA — Eastvale — JCSD Mt. View Park 15148 Sierra Bonita Lane, Chino, California 91710 Phone: (909) 457-8260 Fax: (909) 457-8261 1 www.kasaconstruction.com 1*4125r1,0011 f� LA u -101ape- Ar, Ii1,c 1144 P0Yk P111v,,s Y,s www.dvolzdesign.com Home Office 151 Ka[m us Chive. Suite, M Costa Mesa, CA 9262 January 18, 2024 phone 1300 fox 714. 41.1323 Co achelloValley Office Kasa Construction, Inc. 78060 Calle stadia Attn: Sam Kasbar U Quinta, CA 92253 15148Sierra Bonita Lane phone 76 .5805165 Chino, CA 91710 fox 76 S64.03ri Subject: Letter of Recommendation To Whom it May Concern,-- I am writing to express my recommendation for KASA Construction, a company I have had the benefit of collaborating with on multiple projects. As Landscape Architect and Project Manager at David Volz Design, I have seen the successful completion of projects in collaboration with KASA Construction in various cities,' including Cypress, Fontana, Irvine, Costa Mesa, and Norwalk. KASA Construction consistently demonstrated a high level of professionalism, dedication, and expertise. Their commitment to delivering exceptional results within the Stipulated timelines and budget Constraints is commendable. Their attention to detail, innovative approach, and adherence to industry standards have made them a valuable` partner and team member. Furthermore, their collaborative approach with various agencies and municipalities, including those in Cypress, Fontana, "Irvine, Costa Mesa, and Norwalk, "reflects their commitment to building positive relationships within the community. KASA Construction has not only met but exceeded our expectations in terms of quality, safety, and overall project management. It is without hesitation that I recommend KASA Construction for any construction project. Their exemplary work ethic, professionalism, and track record of successful project deliveries make them an invaluable asset to any ; team. If you have any further questions or require additional information, please do not hesitate to contact me. �r n, : Buis Pe`draza Cardozo, licensed Landscape Architect r SMTD�LA�W January 19, 2024 Via Email (_,rant.orbachCa bbklaw.com) Grant Orbach Best Best & Krieger LL:P 500 Capitol Mall, Suite 1700 Sacramento, CA 95814 Irvine, CA 92614 (9 9) 537- 0 (9,49) 5 7 2(t) Re: Nationwide Contracting Services, Inc.'s Supplemental Response to Bid Protest on the Barnes Park Multi Benefit Stormwater Capture Project ("Project") Dear Mr. Orbach: As you know, this firm represents Nationwide Contracting Services, Inc. ("Nationwide"), who is the lowest responsive and responsible bidder on the Project for the City of Baldwin Park ("City"). We provide this letter in response to your letter dated January 11, 2024. Nationwide was the second lowest bidder on the Project. Kasa Construction Inc. ("Kasa"), on November 20, 2023, submitted a bid protest claiming that Nationwide's bid should be found non -responsive. The City responded to Kasa's letter and correctly found that Zusser Company, Inc.'s bid should be rejected, and that Nationwide's bid was responsive. In response to the City's request, Nationwide responded to Kasa's bid protest on December 29, 2023.1 In that response, Nationwide provided evidence and explanations showing that Kasa's bid protest was factually inaccurate and did not provide sufficient grounds for the City to deem Nationwide's bid non -responsive. Nationwide's bid is clearly responsive as it promises to do what the contract documents require. (See, MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.AppAth 359, 368.) Moreover, Nationwide has duly provided information and support refuting Kasa's bid protest and showing that its bid substantially conforms to the bid documents. This is all that is required under California law. (See Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.AppAth 1181, 1198-1199 [bids that substantially conform to a public agency's request but contain some error or irregularity may be accepted].) As a last-ditch effort, Kasa submitted a second bid protest letter on December 21, 2023. This second protest letter was sent months after the bid date, and for the first time, Kasa requested that the City determine whether Nationwide is a responsible bidder and 'Nationwide incorporates its December 29, 2023, response and does not intend to restate the arguments and evidence previously provided to the City. www.smtdiaw.com Grant Orbach Best Best & Krieger LL:P January 19, 2024 Page 2 of 4 raised again arguments that were previously rejected by the City. Kasa should not be permitted to submit multiple bid protests asserting new and different arguments, the City should reject Kasa's protests and the City should award the Project to Nationwide the lowest responsive and responsible bidder. Clearly, Kasa's actions are not only unnecessarily dragging out the City's contracting process, but Kasa's actions exemplify why disgruntled high bidders should not be allowed to scour bids for inconsequential issues hoping to find immaterial errors. (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.AppAth 1181, 1189 ["It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal ... after the fact, [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his [or hers], a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy."].) It is well established that a public entity must "notify the low monetary bidder of any evidence reflecting upon his responsibility received from others or adduced as a result of independent investigation, afford him an opportunity to rebut such adverse evidence, and permit him to present evidence that he is qualified to perform the contract." (City of Inglewood -Los Angeles County Civic Center Auth. v. Sup. Crt. (1972) 7 Cal.3d 861, 871.) Here, the City has only provided Nationwide with Kasa's December 21, 2023, letter as "evidence" in support of conducting a non -responsibility hearing. Kasa's December 21 letter, however, is factually inaccurate and does not provide a good faith basis for deeming Nationwide a non -responsible bidder. Clearly, if Kasa had sufficient grounds to assert that Nationwide was non -responsible, it would have included those grounds in its original protest and provided sufficient notice and information for Nationwide to properly respond. Instead, Kasa has asserted conclusory arguments based upon a misunderstanding of Nationwide's experience, a misreading of the bid documents, and a misunderstanding of California law. As part of its bid protests, Kasa boldly concluded that Nationwide has "little to no experience with the intricacies required in order to build a park of this size." Kasa provides no evidence in support of this argument. Rather, Kasa's sole basis for this argument is that: "It appears both contractors listed only one Park project on their references." Notably, this project did not require pre -qualification. Furthermore, the City as part of its awarding of the Project is fully capable and able to independently assess a bidder's 2 In its November 20 bid protest, Kasa appears to argue that Nationwide should be found a non - responsible bidder, but Kasa provides no specific evidence or arguments to support this position. Indeed, in each of the paragraphs addressing Nationwide's bid, Kasa argued that Nationwide's bid was "non -responsive". Although paragraph 8 of Kasa's November 20 bid protest is titled "Non - Responsible Bidder", nothing in that paragraph discusses responsibility, and instead, Kasa argues that Nationwide's bid is non -responsive. www.smtdIa W.CO i IRVW Yk LoC, A s4c,,PL,[s1- 0AKLAN0 . PHOE14Ix Grant Orbach Best Best & Krieger LL:P January 19, 2024 Page 3 of 4 experience and call on the bidder's references to verify the bidder's abilities.3 Kasa's attempts to create its own standards in the bid documents is irrelevant and not appropriate under California law. How Kasa views the project requirements or what Kasa deems to be a similar project has no weight on the City's analysis or decision. If every disgruntled high bidder's argument regarding a lower bidder's experience was sufficient grounds to hold a responsibility hearing, then the public works construction industry would be delayed indefinitely. Moreover, as discussed in Nationwide's December 29 letter, Kasa's assumptions regarding Nationwide's experience are factually wrong. Nationwide has provided the City with its relevant experience and is prepared to partner with the City to complete this project. Kasa's belated attempt to raise a pending litigation involving Nationwide is also irrelevant and not germane to the City's analysis. Nationwide acknowledges there is a litigation currently pending in United States District Court between Nationwide and the Laborer's Trust Funds. This is a disputed claim, and the action involves accounting discrepancies concerning contributions made by Nationwide during a specific time period. During that time, Nationwide was performing work on various projects including projects it believes were not subject to Trust Fund contributions. The parties are currently engaged in exchanging information to resolve this matter. The Trust Funds previously reduced their proposed assessment due to Nationwide voluntarily providing information, and Nationwide believes the current calculations are still inaccurate. Nothing in the Laborer Trust Funds claim suggests that Nationwide acted with an intent to deceive or that Nationwide's actions were untrustworthy. In fact, Kasa offers no evidence or legal argument to support its argument that a pending dispute over trust fund contributions is grounds for finding a bidder non -responsible. Turning to the remaining arguments in Kasa's December 21, letter, and as previously discussed in Nationwide's December 29 letter, Kasa incorrectly claims that Nationwide's bid should be deemed non -responsive because Jon Gilmer Construction was not licensed at the time of bid. It is clear from the printouts from CSLB website provided by Kasa, (see Exhibit B), and the relevant statutes that the basis for Jon Gilmer Construction's license being suspended was its failure to renew the worker's compensation insurance. The License Status section of the CSLB license detail explains that Jon Gilmer Contraction's "[1]icense is under suspension for failure to comply with Workers Comp." More importantly, it goes on to explain that [a] workers' compensation certificate or exemption statement may have been received by the Board but not yet processed. Once the certificate or exemption statement is processed the suspension will be lifted retroactively to the effective date of the certificate or exemption statement. Ask the 3 Although not required by the bid documents, Nationwide provides the enclosed additional references to the extent necessary to assist the City's analysis. (See Exhibit A). www.smtdiaw.com Grant Orbach Best Best & Krieger LL:P January 19, 2024 Page 4 of 4 contractor for proof of worker's compensation and contact the insurance company to verify coverage. (Exhibit B [emphasis added].) Under California law, Jon Gilmer Construction would have been licensed at the time of bid and able to contract with Nationwide had it timely resolved its worker's compensation audit. Specifically, under California law, Jon Gilmer Construction had until December 21, 2023, to resolve its worker's compensation audit and have its license activated retroactively to September 21, 2023.4 (Bus. & Prof. Code, § 7125.1, subd. (a).) Jon Gilmer Construction represented that its worker's compensation insurance was being resolved prior to bid and Nationwide correctly listed Jon Gilmer Construction in its bid. Under California law, Nationwide is entitled to substitute a subcontractor if the subcontractor's license is subsequently suspended.5 (Pub. Cont. Code, § 4107, subd. (a)(6).) Finally, Nationwide provided sufficient evidence showing EverFence's experience and qualifications. Nothing in Kasa's bid protest or the bid instructions indicate that EverFence's experience is a basis for rejecting Nationwide's bid. Based upon the foregoing, Nationwide again requests that the City deny Kasa's two bid protests, and award the Project contract to Nationwide, the lowest responsive and responsible bidder on the Project. Sincerely, SMTD LAW LLP 8p�" lk Christopher Morrow cc: Client 4 As discussed in. Nationwide's December 29 letter, per the CSLB's website, Jon Gilmer Construction's worker's compensation insurance was active through September 21, 2023, and Jon Gilmer had 90 days from that date to resolve any issues with its worker's compensation carrier. s Nor is listing an unlicensed subcontractor the kind of error in arithmetic or clerical mistake in filling out the bid that would have entitled Nationwide to withdraw its bid without penalty. (See Pub. Cont. Code, § 5103; MCM Construction, Inc. v. City and County ofSan Francisco (1998) 66 Cal.App.4th 359, 376-377.) Because listing Jon Gilmer Construction would not have allowed Nationwide to withdraw its bid without penalty, Nationwide could not have gained a competitive advantage. www.smtdIaw.com Troutman Pepper Hamilton Sanders LLP Two California Plaza, 350 South Grand Avenue, Suite 3400 Los Angeles, CA 90071 troutman.com Marion T. Hack D 213.928.9885 marion.hack@troutman.com January 19, 2024 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 Hearing Briefing of Zusser Company Inc. Dear Mr. Orbach: This letter is being submitted in response to the City of Baldwin Park's ("City") January 11, 2024 letter setting a hearing date for Zusser Company, Inc. ("Zusser") and Nationwide Contracting Services, Inc. ("Nationwide) to demonstrate they are responsible bidders for the Barnes Park Multi Benefit Stormwater Capture Project ("Project"). Zusser, as the lowest responsible bidder, disputes that it is a nonresponsible contractor as outlined by California Law and does not waive and hereby reserves any objections to these hearings. I. THE CITY'S MUNICIPAL CODE REQUIRES IT TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, ZUSSER The City is required to award the contract to the lowest responsible bidder. (See City of Baldwin Park's Municipal Code §§ 34.27 through 34.38 [all contracts shall be awarded to the lowest responsible bidder pursuant to the public contract code].) "[W]hen a public entity solicits bids, it represents, consistent with the statutory mandate, that if the contract is awarded, it will be awarded to the lowest responsible bidder." (Kajima/Ray Wilson v. Los Angeles County Metropolitan Transp. Authority (2000) 23 CalAth 305, 315.) Zusser's bid was the lowest and its bid has already been deemed responsive by the City (See Exhibit 1, City's letter dated December 12, 2023 at pg. 2). While the base bids for the three bidders (KASA, Nationwide, and Zusser) were close, the overall Project consists of the base bid plus alternatives. Taking the base bid plus the alternatives into account, the overall bid prices differ significantly. Indeed, KASA's overall bid is $1,451,847 higher than Zusser's overall 167244907v2 Sam Gutierrez Grant R. Orbach January 19, 2024 Page 2 bid and Nationwide's overall bid is $685,056 higher than Zusser's. Thus, if the City does not accept Zusser's lowest responsive bid, it will be paying significantly more money for this Project.' This would be waste of public funds and precisely why the City Charter requires the City to award contracts to the lowest bidder. The City has a fiscal responsibility as well as a legal responsibility to accept the lowest responsive bid. Furthermore, a finding of nonresponsibility is a serious accusation which would have a major effect on Zusser, who is a small family -owned company. Zusser would have no choice but to fight such a finding in litigation and appeal if necessary. Thus, the City would not only be paying significantly more for the Project but would also be required to pay hundreds of thousands of dollars in legal fees over unnecessary protracted litigation. Fees incurred to defend such litigation are not recoverable. When looked at as a whole, there is no financial benefit to rejecting Zusser's lowest bid. Ill. THE CITY HAS FAILED TO PROVIDE ANY EVIDENCE OF ZUSSER'S INABILITY TO PERFORM THE CONTRACT As a matter of law, Zusser is entitled to all evidence upon which the City is relying in its determination of nonresponsibility. (See Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369; City of Inglewood-L.A. County Civic CenterAuth v. Superior Court (1972) 7 Cal.3d 861, 871.) Notwithstanding, the City has not provided such evidence despite four requests from Zusser for said evidence. Disturbingly, the City has also been inconsistent as to the reasons why Zusser is a nonresponsible contractor. On December 12, 2023, Zusser received a letter from the City rejecting KASA's bid protest in which the City stated that Zusser was not a non -responsive bidder but that it appeared to be a nonresponsible bidder based on Zusser's "substantial, repeated, bad faith violations of prevailing wage law." (See Exhibit 1.) Yet no such examples of "repeated, bad faith violations" were ever provided by the City. The City was apparently basing this statement on one decision by the DIR on a project that was 10 years old where there was no finding of bad faith. The City has never provided any evidence of "repeated, bad faith violations." On December 14, 2023, Zusser wrote a letter to the City requesting the City provide it with "any evidence reflecting upon [Zusser's] responsibility received by others or adduced as a result of an independent investigation" as required under California law.2 (See Exhibit 2.) The City had claimed that the "results of its reference investigation did not give City staff confident (sic)" that Zusser was a responsible contractor. (See Exhibit 1, pg. 2.) But, shockingly, on ' We are informed that the funds for the base bid come from a grant but the alternatives must be paid from the City's own funds. Thus, not awarding the contract to Zusser would deprive the City of a direct savings of between $685,056 and $1,451,847 and would make the alternatives potentially infeasible. 2 (See City of Inglewood-L.A. County Civic CenterAuth v. Superior Court (1972) 7 Cal.3d 861, 871; Boydston v. Napa Sanitation Dist. (1990) 222 Cal.App.3d 1362, 1369.) 167244907v2 Sam Gutierrez Grant R. Orbach January 19, 2024 Page 3 December 20, 2023, the City's counsel admitted the City did not contact every reference listed in Zusser's bid and that some of the references did not respond to the City. (See Exhibit 3.) The City admittedly had no evidence of negative references received for Zusser. Despite this lack of evidence, the City required Zusser to provide further information on five specific projects without any basis for asking for such information. On December 22, 2023, Zusser provided a fulsome response demonstrating that Zusser is the lowest responsibility bidder including descriptions of Zusser's work on these projects, whether projects were completed timely, and whether any disputes on the project or warranty issues. (See Exhibit 4.) Despite Zusser fully responding to the City's requests, on January 11, 2024, the City sent a letter to KASA, Nationwide and Zusser, setting the date for a hearing on nonresponsibility and yet again asking for more information on a project that Zusser did for the City of Bell Gardens. (Exhibit 5.) Yet the City has never provided any evidence which would support a conclusion that Zusser was a nonresponsible contractor based on Zusser's work on the Bell Gardens project. Zusser has already provided the following information on that Project, including new information as highlighted: • 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. In ies 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 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. 167244907v2 Sam Gutierrez Grant R. Orbach January 19, 2024 Page 4 If the City has evidence "received from others or adduced as a result of independent investigation" regarding something specific to the Bell Gardens project, then Zusser will respond to those specific allegations. But providing claim documents without any context would be irrelevant and ultimately useless to the City's analysis of responsibility. The City has no personal knowledge of the Bell Gardens project or the claims. It is a mystery why the City needs these documents, unless the City is withholding information that it has received on that particular project. We would hope that the City would not violate the law so brazenly. Again, Zusser will provide any document the City needs in order to rebut any evidence that the City has "received from others or adduced as a result of independent investigation" regarding the Bell Gardens project. On January 15 and 16, Zusser asked the City, for the third and fourth time, of any evidence reflecting upon Zusser's nonresponsibility so that Zusser could properly rebut or respond to this evidence. (See Exhibits 7 and 8.) The City must provide all evidence "received from others or adduced as a result of independent investigation." (City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 871.) To date, the City has provided no such evidence except questions regarding a DIR issue which will be discussed below. 111111. ZUSSER IS A RESPONSIBLE CONTRACTOR Indeed, while the City has provided no evidence to suggest Zusser's inability to perform the contract at issue, Zusser has twenty years of successfully performed projects. Zusser is a family run general contractor specializing in public works that serves the greater Los Angeles and Orange County as well as Riverside, Imperial and Ventura Counties. Zusser has successfully performed similar projects to this Project including a wide variety of underground water storage, stormwater capture, and other water systems. In 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. Examples of these projects, as requested by the City, include: 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. 167244907v2 Sam Gutierrez Grant R. Orbach troutmaall January 19, 2024 pepper Page 5 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. 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. Further, Zusser already provided a letter from its surety stating 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. (See Exhibit 9, Surety Letter.) 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. Lastly, Zusser has enclosed a number of positive references from public entities herein. (Exhibit 10, References.) 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. 167244907v2 Sam Gutierrez Grant R. Orbach January 19, 2024 Page 6 THE CONTRACT NOR ITS TRUSTWORTHINESS The only piece of evidence Zusser has been provided, and therefore the only evidence which Zusser is required to respond to, is the DIR decision on a 10-year old project. The Decision of the Director of the California Department of Industrial Relations in case No. 19- 0134-PWH 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 is not final. The DIR's decision was based on a determination that Zusser misclassified sewer and storm drain pipelayer workers on the project. Zusser contends that the 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 performed exclusively in the lagoons, which would make Zusser's classification of the workers the correct one. Additionally, the main point of contention is not whether the Plant and Lagoons were connected, but the fact that refurbishment of waste solids lagoons did not involve any water treatment components typically associated with specialized pipefitting trades in the water treatment plans. Therefore, the use of pipelayers for sewer and storm drain, applicable to underground piping including solid waste disposal was totally appropriate for the scope of this project which was refurbishing of refurbishment of lagoons used for solids disposal and includes modifications to the existing piping system. 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.) This is a simple disagreement on how a small portion of workers were classified on a job. Zusser had a right to contest what it proved was an incorrect classification of workers. There was no finding of bad faith on the part of Zusser nor could it be. The project is 10 years old and Zusser has performed numerous projects with prevailing wage worker since that time. Despite this issue, other public entities had no issue considering Zusser a responsible contractor because this issue had no impact on whether Zusser could competently perform the work on their Projects. Zusser has successfully completed several dozen projects since this issue arose. a. The Operating Engineer and Labor and Cement Misclassification Issue Is Not Relevant The DIR Decision found that Zusser misclassified workers in the Operating Engineer and Laborer classifications and underpaid workers classified as Cement Masons. Zusser made a 167244907v2 Sam Gutierrez Grant R. Orbach January 19, 2024 Page 7 financial decision not to fight the DIR decision regarding the reclassification of these workers due to the legal costs of doing so and the fact that two workers involved in the alleged misclassification have since passed away. Notwithstanding, Zusser maintains that these workers were appropriately classified and that if there was any misclassification, it was due to a good faith error. However, Zusser notes that the wages of laborers and cement masons are almost the same and therefore the alleged misclassification did not cause harm to the employees. This issue was also a difficult one to provide evidence for records in the field were not clear as to which classification was appropriate as these trades often overlap. Since that time, Zusser set up a state-of-the-art system to avoid misclassification and claims in the future, which has been very successful. In order to "promptly and voluntarily" prevent any future misclassification, Zusser set up a system to prevent these misclassification issues that are common on projects with prevailing wages. Over the years, in order to eradicate any potential worker misclassification, Zusser has developed one of the most sophisticated four-way classification tracking system in the industry. This consists of (1) a special cell phone (or tablet) application to track daily reporting and tasks of individuals in near real time; (2) full-time solar -powered cameras installed on project locations which allows a timekeeper to double check employee tasks and classifications throughout the day and during payroll preparation; (3) a time sheet which reflects classification, work performed, and hours worked; and (4) check boxes within timecard which allow workers to certify that the classifications listed are correct. (See Exhibit 11, examples of Zusser's system.) If any data entry mistakes are discovered, they are corrected typically by the next pay period, Zusser had gone above and beyond to make sure DIR issues are mitigated. These are not the actions of a contractor that is not responsible, rather it is the height of responsibility. It is doubtful, that Nationwide and/or KASA have developed such a robust system to ensure proper classification of workers. Finally, it should also be noted that the alleged misclassification here had no bearing on Zusser's timely and quality performance of this project. Indeed, the project was completed on time and to the complete satisfaction of the owner. Again, we reiterate the fact that the DIR 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.) As stated in our prior letters to the City, 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, involving hundreds of workers under prevailing wages. (See Exhibit 12, portfolio.) 3 It should be noted that pay checks are always released regardless of any claim by the worker that the hours, classifications, work description or rates are wrong, or injuries reported. (Id.) 167244907v2 Sam Gutierrez Grant R. Orbach troutmaall January 19, 2024 pepper Page 8 VI. THE CITY CANNOT EMPLOY FAVORITISM IN ITS AWARD The "purpose of requiring governmental entities to open the contracts process to public bidding is to eliminate favoritism, fraud and corruption; avoid misuse of public funds; and stimulate advantageous marketplace competition." (Marshall v. Pasadena Unified School Dist. (2004) 119 Cal.AppAth 1241, 1256.) "Although public bodies have discretion to determine which bidders are responsible, they may not, if they determine more than one bidder is responsible, make the award on the basis of relative superiority." (Boydston, supra, 222 Cal.App.3d 1362, 1369 [emphasis added].) In City of Inglewood-L.A. County Civic CenterAuth, supra, 7 Cal.3d 861, after the civic center authority awarded a contract who was not the lowest bidder, it was found that the award was based on a determination that the higher bidder was relatively superior in ability to perform the work. In setting aside the ruling, the Court of Appeal found that the statute had no basis for applying the relative superiority concept and rather the civic center authority was required to award the contract to the lowest bidder, unless that bidder was found not responsible, i.e. not qualified to do the particular work under consideration. Here, the City may not similarly apply the concept of relative superiority where all three low bidders have allegations which might be used to challenge the "trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract." Instead, the City must award the contract to the lowest bidder—Zusser. Each contractor here has issues which could lead to a subjective determination that the bidder is nonresponsible.4 Nationwide has a pending lawsuit in the United States District Court for the Central District of California, Case No. 8:23-cv-00521, filed on March 22, 2023. (Exhibit 13.) This lawsuit involves claims that Nationwide owes the Construction Laborers Trust Funds damages due to Nationwide's failure to make monthly benefit contributions for its employees. This is a recent serious allegation and far more relevant that Zusser's DIR dispute. Here, Nationwide is accused of not paying for employee's retirement funds. Another recent pending lawsuit was filed against Nationwide by the Creditors Adjustment Bureau, Inc. in Orange County Superior Court, Case No. 30-2022-01296113-CU-BC-NJC. (Exhibit 14.) In this lawsuit, the plaintiff, as the assignor of the State Compensation Insurance Fund, claims that Nationwide failed to pay premiums on the workers compensation insurance policy provided by the assignee. Again, this is a serious allegation in which Nationwide is accused of not paying workers comp insurance premiums. In a third lawsuit filed in the Orange County Superior Court, Case No. 30-2023- 01326343-CU-BC-NJC, homeowners sued Nationwide for construction defects. (Exhibit 15.) This pending lawsuit goes directly to Nationwide's fitness and capacity to perform work on a project. Thus, the second low bidder Nationwide is involved in three court actions, that are more persuasive evidence as to the `trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract" than the alleged evidence against 4 However, Zusser is not advocating that any of the bidders be deemed nonresponsible. Each bidder has been in business for many years and through that time run into issues that are normal for any business. The point is that one bidder's issues cannot be held to a higher standard than similar issues experienced by the other bidders. 167244907v2 Sam Gutierrez Grant R. Orbach January 19, 2024 Page 9 Zusser. Thus, any finding that Zusser's one 10-year violation is an indicator of nonresponsibility over three lawsuits against Nationwide that involve alleged wage theft, construction defects and failure to insure employees, could only be considered favoritism. Moreover, in 2014, KASA was involved in a personal injury lawsuit filed in the San Bernardino Superior Court, Case No. CIVDS1414976. (Exhibit 16.) This case involved an automobile accident wherein the defendant was employed by KASA and driving a KASA vehicle. This lawsuit speaks to worker safety issues, a serious concern. It would be highly arbitrary and capricious for the City to hold Zusser to a higher standard that the other bidding contractors. The allegations against Nationwide and KASA are even worse than those made against Zusser—a single 10-year-old DIR decision that has no bearing on whether Zusser could perform the work on that project. Furthermore, the City has a history of awarding contracts to contractors with DIR issues. 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 Exhibit 17, 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. (Id.) Clearly the City has never used DIR violations or decisions in determining contractors are responsible, 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. VI1. CONCLUSION The City's "evidence" is clearly insufficient to classify Zusser as a nonresponsible bidder. Moreover, with respect to this Project, Zusser no doubt has the requisite trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract in question. 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. Zusser is confident that it has demonstrate and will demonstrate that it is the lowest responsible bidder on this Project. Moreover, Zusser is fully prepared to pursue all legal remedies should the City decide to deny Zusser the contract on the basis of nonresponsibility. Sincerely, Marion T. Hack' AWM cc: Misha Fyodorov 167244907v2 Exhibit A R. REX PARRIS RAJ MALHI MAYOR COUNCILMEMBER MARVIN CRIST LAUREN HUGHES-LESLIE VICE MAYOR COUNCILMEMBER KEN MANN JASON CAUDLE COUNCILMEMBER CITY MANAGER January 18, 2024 Sent Via Email Nationwide General Construction Services 7660 Liberty Dr., Huntington Beach CA, 92647 Re: LETTER OF RECOMMENDATION 44933 Fern Avenue Lancaster, CA 93534 661.723.6000 cityoflancasterca.gov The City of Lancaster hereby expresses its commendation to Nationwide General Construction Services for their outstanding performance on the Lancaster Health District (Phase 1), LACMTA Project ID# F9131. The team demonstrated expeditious and thorough submission of submittals, as well as timely issuance of Change Orders. Moreover, the team provided prompt and accurate Certified Payroll Records (CPRs) to our Labor Compliance team, fully complying with City regulations regarding payment to employees and subcontractors. The City of Lancaster recognizes and appreciates Nationwide General Construction Services' unwavering commitment to quality, timeliness, and compliance in this project. Sincerely, Araxie Kahramanian Analyst — PW City Engineering AK:at S*ect: Law OfRtf6rtal To Whom It May Concern: Patki NAtibtrwid6 h alre lisieA illeir suboontfk6rs. If you have any questions, please do not hesitate to contact me. Sincerely, MARINA LANDSCAPE, INC. Craig F I zi Business Development 949-254-4039 MARINA LANDSCAPE, INC. 3707 VV. Garden Grove Blvd- t Orange, CA 92868-4803 p 714M9,6600 f 714,9351199 w madriaco,corn o License #492862, &B,C27, C29,C36,D34,D49,D59 Moss "TT == Phone.- 805-527-00769 City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 He: Nationwide Contractors To whom it may concern, y Than n ye a, O U' harm a rdi a Sales Mahag6r Prb�ton Produa� Mobdo: 805-297-5143 31 UC ELECTRIC 24849 Lorna Dr Moreno Valley, CA 92553 License No. #814643 January 17, 2024 The City of Baldwin Park 14403 Pacific Avenue Baldwin Park, Ca 91706 Project: Barnes Park Multi -Benefit Stormwater Capture To whom it may concern, I am writing to express my recommendation for Nationwide General Construction Services, with whom i've had the pleasure of working closely with over the past 15+ of our company's 23.years. As a subcontractor, our professional relationship has been longstanding and positive. Nationwide General Construction Services' leadership has exhibited effective communication, proactive problem -solving abilities, and payment reliability. Their dedication to deliver high -quality results on time and within budget has been instrumental in the successful completion of numerous projects. Should you require further information or wish to discuss Nationwide General Construction Services in more detail, please feel free to contact me directly. Sincerely, Carlos Urbina Sr. (909) 821-9182 Owner Phone: 951-208-4320 Office E-mail: ucelectricl@yahoo.com Exhibit B }}z t xrU4#<i ilT 41,s, 4l F ,f.r' SLR t3 Ill r ;,�� 00, ,sSzs cS k s taia'`S3s tiw. 21tz, z113t r, rs �izi2r:. s`�£r r�t,£iis r i r jtz_ z l a4 r,. ° , 1 �. its:::�, *.:;"£zt. 1 1 LF2,`air z� �444yZzz: a CONTRACTORS STATE LICENSE BOARZ! OContractor's Licensei for License 582487 11cense d ata^bue. befurp. rety4 in this ;nfaa nifi sn, you ho in be aware of the aF,".Ib�nmy.a°n:h�x4+ss._e�S.x,,.c•as�ka;.�P.v{tuaT rS%4 tj tY`d o6S.�e¢p�;zeu.,mti„cn,.bkv sa+2°atmint d�°.c4, suwret 4-[t c±°�Ea€sa..sha8auiki a{Sp�aata4��'.°�;+sc,�irv4t!r.�raE�a^,'�I�,isff•.�rt ruae4a..a.6k°.n a, ca�aaaE+xa., s ;h+�"�a,,;. s"scl, wesmnotion aise ¢,&'sil r.ee �k:nen r prwic's�C k.. a e4l sa?�r.'69 t{% ¢* rte�7 b�? a �onm,411ni,alt{olt iAot,tr"s u�Ra�,cuz,rarsl+[kara+n�ag �k�caxa'atnYaarF ettz+an[ha[RSem rat yac t3.4G�r�,'�ts"x.d 5�thc °aer.YJ �k,ar,"�a..is,a¢ar>re Data current as of 1/115/2-023 9�!6;10 AN', 5.:236^F.4, AP,kNORAMA Pc,s,rcwsa 'Potne¢ Njrra¢seo:{i k4{ 854-.3555 tuft Soy (tba vemshl ... � i,E4Q(15hkn Ul`CIF'r Se5kC1ea5�n'�eP aase*"4fl 6efliLry'�dd'x't'�Yflk Ya t71`%er3rta^rlg9 ,dieuaFket� n'a;ti4�eP9"ura:[ae ceEts,Ef aee pr exs nmpvon statA enz may Nave ka w • rcceited by tho £stsaad buttttatYet preee;,scd, �"eee:PEe reerL`Pir.efle a: pzasegasE�rsiero-ter+fl in preeesaed lh_.:aaap.nm:ers amal9 t,aEfta'"�tu..?et8ave9gz rs¢hc,vRuV,u",nteof thecen3icWeer acesrspri4.n st,11a�Tont..4sk the cont, aczzrr for preof of ��ek€:r':ss?arrr ue�tssn42�e'+4rti9 eenG'teY.B�'P!r'E;et€pertrnr^cc, r,ipdi=,a'Kt.�vto rC, .tavte,,Ct e.. C27 LAPSSCFat`E92G .. cpet 4tetr"pgone Ht 17U'n.e F£ed a Ct,E);rxftr'5 d24ed Mrh vv[ aTERrd S£;4adiYCOMPANY - &§easy@ Number, 66732854 TWsj: en *Fas wc«rkats[ rp wzsat eC irmwarrstewr@th the WELLFLEET NIMYOPKINSURANCE COMPn?P1".r Moe huns xmr^.Fswr'darMMft PtFedive Data-Oq1=112k2'2 ..:Expire pike; 05122"1023 Vv,sak,_rw darslpMa d .r9 FihWry k, CONTRACTORSSTATE LICENSE 0AR, Cr tactor's License Detail for License 582487 MSC LApf` ER: A :Ken5p shads check pwo-vide5 israaaataaaaact, taken froirn the CSLB H<eRise database, skefore reiyiaw on this Ehifpw ration, you sha+Wd he aware of the c t..4tkrkmpla,m djstow'wr&`%R+t uv'^=:�4h"Eku JkSH'sw tvFhi9@3^Ptb`�"s`3StF3,i&ti ^fi J'.7�.%Itbt4er �5 ^C VI,x41aJ'.'�Jry ri w('�, n, J r.pw.at'M oppeer9elcM1=a tics�re'te!rnxat an.C,I:.x t�e�it fnemdatnrs,an w°.wclessC+sadde r¢rcicer.. a L' kyc .:n%;s;".i„Rr rrtGC+,°cj VrodjbAg, a^n n;aomd n nSJ""`uvm;0ma,etr,}:4gCCWrYiA3'5iI4^V'"*..fl:C"d£oP°Rftf.coi➢h),wnb the Y--. w 0..Z oelr,*a I, rh". n.A?,—fe'-mir.for.':1a'U."RR'AmAsroti'*; Me Cwq Cn1,:."P<d" mR19llem'C'4.Eip'"�Sk mtbCg'as:. Dt.a t� Trent as wry k ii` i ,twJ7° iae2fi°L9PM li+'p GRMER GUINa€44.aCTRON a.yysa RAA e,~4WRAFaA Enliky Soo' O^. nership @area data S .lpTw`isaatn kber'aoa oat* +11JR1,12022 a:xpwre dews01!3312024 11coraa Psurteaaee'.anteoanasate for rfia Rudd fr a€ati.2t r Cnl r,,p,;rv.,; i5 ur'rri ��.^:�'tia*pb:°$iitsrp ts.ar.;r��`<€y.v �c4i hMtsrisr2es �„,rsm��a. ss wic�e6+,�rs'r�r^p€ns.,rE�c�=r pr?ificataroa memptirn...rca°mentmay havcbacnie 4,givel.dby`riieUa€'3bulroty cPrah SAId. once "ir-KerParh tectrexeminvnnaaararrwaneisp=esed, thesnasg nsion sviiih rked ketrdactiveiY Cer Chsi effective date jai:ire ewlifieaeA, eotea:,raar: 5a;eme,:n€, Ask she comm, 8a: orpeo^f of worker's Compensation and (i nacttfreinsurarnpRcampare,toveifacuewstaa. 111r;I Inet.il rnontractor'a Band me @aeaeu filed a Conuaraer's ro,,d wiafh'WESTitfic- SURE"i''iCt"raR6'ra n, Bond 3acans4sen M732n" M Marld.ar oullu$2d,0c,0 Eftct .re Dec Cuntxa lmr's p;;.rd H s er'y "p;r'Ce r Thir icwnsenasewtraeirs,co peys&taarninsuance.windw,heIsd'i.L r`=C.p.E1NEW YORKINSURANCE C.C1 w,tw":r,NY PoUry r sarnGpar.wvaY¢ s°3 2td w'fsp a.ive:Dam 0912..w,'20211 CaIAM, Dom trior71,002,1 iti°rdks `a° Co, aeaa.a..na Hinary This specification describes a reinforced concrete subsurface storage and infiltration system, produced by a manufacturer that is regularly engaged in the engineering design and production of stormwater infiltration systems for at least five (5) years and which have a history of successful production, acceptable to the Engineer. SWI1 GENERAL SWI1-1 Design Requirements The following design requirements shall apply: 1. Precast concrete modular stormwater detention/infiltration shall comply with ASTM C858. . Dry -cast units may not be used. 3. Precast concrete subsurface infiltration system shall be sized in accordance with the following specifications: a. Subsurface infiltration system must have a minimum capacity of 1,346,400 gallons (about 180,000 cubic feet or 4.1 acre-feet) and a minimum footprint of 20,000 square feet. 4. System shall be designed so modules are aligned and have channels that extend to the bottom of the modules, allowing for relatively unrestricted fluid flow in both directions. 5. The invert of the system must be level and continuous to allow for maintenance. 6. Minimum structural design loading (ASTM C857) a. Total cover: as indicated on Plans b. Concrete shall be designed for AASHTO HS-20 wheel loading c. Minimum soil bearing pressure: 3,000 pounds per square foot (psf) d. Vertical and lateral soil pressures shall be determine using: i. Groundwater below invert ii. Lateral soil pressures to be based on active earth pressure 1. Lateral soil pressure (unsaturated) = 35 pounds per cubic foot (pcf) for 120 pcf Backfill unit weight iii. Vertical soil pressures 1. Live load = HS-20-44 and Dead load =120 pcf cover fill unit weight 7. Contractor to verify geotechnical requirements 8. Backfill on the sides of the precast system shall be structure backfill, 3/4-inch crushed rock, or as recommended by the manufacturer and approved by the Engineer. Backfill over the top of the structure shall have a maximum unit weight of 120 pcf. D-51 P, 0-m. A pri 15,202-3 : Zusser.° . . ss, Dear Sir or Madam: proj,mts. With that in mind w`%vould like to share uith you kmr experieme 61 acting as their sup.rety I:Kmrd . United Fi�orapany *united Fi ce"") underwrites Their needx- I Initedire ig a O&I-11-ninS lmt ttei cur.4W: and i,;. UIIfIIrAri7^A In M411A linnAA.,in Mkt,. ktATO cif dg ("apacily is pmsenin the riingte, oS 0D,,ff)MJ)(X) sing , $50.00(),000 d � a con r. ` a` rg400nable, amount.is Prexmflygogdsiandinge L is, a matter Im-INvemn thc contractcw and surcty, Pie suretysAM have n ,. third party, or owner as s, result or thistt. &s;e do not hes-itme. to, call or December 14, 2023 To whom it may concern, Zusser Company Inc. successfully carried out and completed the "Park to Playa Trail: Stoneview Nature Center to Scenic Overlook" project in Culver City, CA. This project was awarded to Zusser Company Inc. by Los Angeles County Public Works. I worked on the project as the Los Angeles County Public Works Owner's Project Manager. If you have any questions, please call me at (213) 840-7004. Sincerely, YAW Ryan Kristan PROJECT MANAGER City Whittier PUBLIC WORKS 13230 Pena Street, Whittier, California g 0 -177 (5 ) 567-9500 Fax ( ) 567-2874 www,cityofwhittier.org January 3, 224 Javier Valle Street bepartment Manager City of Whittier 13205 Penn Street irk' 062) r 7-9668 To whomit may concern: During performance of our contract Zusser demonstrated the attribute of trustworthiness„ as well as quality, fitness, capacity during the construction of the project. Sincerely A M Gmail Mikhail Fyodorov <zussercompany@grnaJiI.com> RE: Fountain Valley Contractor Follow-up DeCoursey, Chris <ChrisDeCoursey@ocfa.org> Fri, Nov 22, 2019 at 12:47 PM To: Mark Bray <Mark. Bray@fountainvalley.org> Please see D'ny answer's in IF,"IED b6ow Zusser is a good respon§ve fire II\4y c6i is (714) 720-6066, ff you need more and want to talk direcfly. Have as Happy Thanksgiving and Holidays! Chris DeCoursey, PE Construction Manager Orange County Fire Authority Office: 714-573-64731 Mobile: 714- 720-6066 We visualize problems and solutions through the eyes of those we serve, From: Mark Bray [mailto:Mark Bray@fountaunvalley,org] Sent: Friday, November 22, 2019 10:47 AM To: DeCoursey, Chris <ChrisDeCoursey@ocfa,org> Subject: Fountain Valley Contractor Follow-up ,UTI',0N, This email originated from outside of the organization. Do not click links or open attachments iless you recognize the sender and know the content is safe. Good morning Chris, �$y311i �til 11 b�4J 4 1 SS 1 �12t� �j vt k' �5 „.ti�, �c p, i � II �I w i J At 1 i i Full Time Cameras (Solar Powered) Installed Onsite Online Interface for Site Camera Footage ;bsite automatically has permanent archiving of site video/ photos at 15 minute interval ows'Zusser to re -visit the full history of project including the laborer and equipment ons Online Time Card Reporting System - Custom designed electronic time card reporting system which transmits' information to our email server for permanent archiving of the daily time resources. This system is implemented for Zusser staff to use on all projects. %lww'10:0.,pAit 2xV.: aC&xr5d.mvp tM, NAX FssK+'G9n paiY.5lMmian'd " Gmail v v amo a ercem PROUCTEW TIMECANO Zusser Daily T1ms Card " ''Ruweor ClsriY sknd <m,n&�:u,':zu>dm'�'r�: ". W$a#Srp 2r >"2tY.l.Caa3A9 WS'•8 Tb 6d� '%bN, C+A"@.4pC444DkNV$ "3A$Y; i,rt{ d.QiVfl, ra45iVPagy♦ j; :Gu Pu^%t1r:'.4: $ h Y443PYti*,^YPt ". Date of R'!*$'k.%. �':. r4t°a1 JSIY. Ma4r 9r1.4 •. GNO:idknlNu�tiittMk, L':Rj ". ". lati6AP0.. Gp M., r4teGti. Job Name+ rrur 4«. },xi ira„daN t4xarxe,.�n� Yid3G: +§,mfl t'�5 4 Prym»aGk H $r aev+s.W®a ar—{az,{9dexge lfiu" d} ... ta^t,Fyd ". aW^1 tl. 1rC.,ra,..e,-vimt..rx tsr-A 8,.. SUId NePFas.':Yac. Employee#1. ".. F.,Mcne*2O� Fnx xr�F*5 P.— r Tpri.%. Cv"reueePs maF'Ad V C.U04 fto. ee Pd,, ".k :4:x.+k q.W Gr eekruw qG mi p 0 Add ua%m Y.. Labor Class F'an -.3Ct LuWm>MFlu"rxu". s ' c�atk:P '14.e^4t2.}tyh4Pipe v0perwor Yxmrtmbivs& e'er _., ,.�%ro,c0.�9' _int,�t�ells�kY�,t,r!= i`:,Arer4tac+ I re ta$knasee<easm cr,�.x«wnwe.�a+ua6nadaa�> Arid No, 'W' Laborer Tasks ":1 Pi/gJ st+�$�FA�d�',Hb&'Gd}'k.(Vg k..G.:kat :'91YtuM IX4dlRdt }�3d bYxk6 C+dtVe+Niri4V4s#kep}w{y:. ". .., }wwb N --WAB; d � .ti t. rt'.>�.k.=6wu " 1aRwa*}*r'%k. e¢m yr C+Nw.te ~ vn tfi"yi 1J" ki Msi riR} & Ht rs(LaboreO ':� Hat¢xa.. C+a=r4n�Fxxa ddaRCl APsragyyrypg9 $,ltip"v;:.CStV tF$tW NLhi0.'1!'e CA 14nFrWlap 'U$�."+a"lik h.: �itMasran'�... Operator tasks Hours(Operator). j Et . M AW 0aeYaks Yaa s ". irtltl " Add Not" rk+a�a a.;c;$4a ad aaacxr xkp ms.. s rrna $l n ,,O r ': M).,P c+nf. of.. " rzntp7. C4wWr "rmau!sariwht " *lu Y?t> Add Y$$ ;,, s3dtPoi �naA 2auk paW Lt'.t�a :. aa+tiyx paaergpFtg; Fsmna. LtlffiCit G4$NS5 .kRti#�f ' kflL aaY Y�p$k 3i&rebFS wx••SkikkSRPorvz#wrnn Vtsiq,�, 9j:: W6 k0b. Y. tq�tFiereovnd ':. G`nN:wi+�tdrtn`41 r�*""4rt+4+4Ya^F$'x bW�M+avVame�ramnk��aFiTdie"tf'P�rit�r4fk4�a,++'Ns+me�v`*13YY6�a55pTG�NkiO 43'Tw. Physical (Paper) Time Sheets Filled out and signed by employee with each paycheck Timesheet Prows m [AiM.241-t Name_ Jose A ertn Diaz Jr: Sep 18 to Sep 24 2023 Custarneci rviceItem .,.„ (pG lknm,,Nntnn; �I as R�.t 'su i"ta F 3r3 au TOM Bill' .r Cuskantev C.4iv of. 'e3 tmraitswaak..i)3 V iApc^ t 1 ch)crtitur 61. i? R -11 fl ntr 4'00 ItCH iini.' ms 19-' 3 Vel iAPca3P k EXUROullhuradc Stmrl 7Ou AM § 0;1C to prgjecl P ih , , ;? 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Yes circle ar�� Yes descrlbe: _ — Cratnrtsen�: —._... -Pay Ch will be relaawd r ardle$$ of arsy c 4ms by the wjn r that the hours c45S[ isa41du75 w k descriptin va gates arewrttn r injuries report a s d Tntats 94tw] E Citl 6''rrn $ fRl 8 l3 6:0e OM 40 UD Signature ,P rEK ty J+At l bare emcrtly 5 anti ri*tnsw�d "nY,r�ta¢� &Hli cMr.,4'k 6eph sl lnN pnNeP11 �f4a 45a d2s�$r;aLeaF 4h s t an, �fivfnd gCrnnd aoemshst [4'vap tutaxa+. rmtad abv3ve� a rar¢,�W rrtnsat Ihnu^s cwTeasPanmana earrtxanr 4hd aladt ap ryer,nd a#weN Sroark[I+surca,v,u,a,�drrvtyr,rtllrencamd`vlosk p&tcr4+tNaty �..xeq.:'ana F�n�4'rt rheg�.rmraA uatklraAA ro the Raooftgwrrk;�€r�Jwrl I'm, d an Ott NrFn, llL tinian titaM iher +t . dfnA tir cegtia^: dyr ret#I paaBa,a ara accvxale,n etrnMArvfA.' %te�.en.�;,ali9neaoa Prewaa,~fg, 44agR Batas dxUS' a41n (wM1+ h mot, Ltn dkC 3aui ek ire cnan mk�Idlitg b5C m5[gar0@d is e+'ew Teas t&;ih�. xc Rk nO aaFdte&ftWatfi,Li415andrRi 6khee,¢'Wkv. es dnrc to nSE'ttlr 4h!S Pa'F dl {ter'+nti7BarWadwp°d�n thd:^kT+ESkd,r &15ee{n,mad5'fs W4H axlrrema9nae "tlsc.q" kS2ynuf'tthB@aW.AsUled�2 �eec 1„WPlati knp„i�y a?f tnt45+,r1yw work or va�a.«x kaetlnn taere.M„ arai caa dAdS •rrec m+al.FVR)d'If 0 Beans 3?. m,ro'uktt vA,.. eic.'Ct tl W4 } . dunn the yer vy da w Rnad aew dptG+ e..er dilia 4saam v.`aak pas!slllcatia w -- naneac:n �aa raaasnasa G�daAa �ncd 4 S Atxlgwe G y#casQ 6TnO5 GIn74ed dlRre'§PI P¢af a 4i wor4mnN ptthe-cvac N.°nafdu^auCiiC14J 4�Ea4Go,., @„* a .. ne r �nrx r.na.ad fns nr. orv,akh6fihEnt rRv 4A en. vh..P, ius3rtr, A dC4Nare ttnk4 khE 3hcarB %x Lam afld cvarCGt under dr4 �Er�aiv43f tiMISRY erftita,cAn u. he that Phemsa,tte shad 4e ra4ercea4m Ae,aration Clousear rrvamlrtiiuwnen#z0.*ter General Engineering Contractors 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. Please contact me at your convenience if you are interested in additional information or have any project you want to discuss. We enclosed some major project reference list along with selected photographs. P, 0-m. A pri 15,202-3 : Zusser.° . . ss, Dear Sir or Madam: proj,mts. With that in mind w`%vould like to share uith you kmr experieme 61 acting as their sup.rety I:Kmrd . United Fi�orapany *united Fi ce"") underwrites Their needx- I Initedire ig a O&I-11-ninS lmt ttei cur.4W: and i,;. UIIfIIrAri7^A In M411A linnAA.,in Mkt,. ktATO cif dg ("apacily is pmsenin the riingte, oS 0D,,ff)MJ)(X) sing , $50.00(),000 d � a con r. ` a` rg400nable, amount.is Prexmflygogdsiandinge L is, a matter Im-INvemn thc contractcw and surcty, Pie suretysAM have n ,. third party, or owner as s, result or thistt. &s;e do not hes-itme. to, call or TABLE OF CONTENTS 1. Our Values About Us Why Choose Zusser Values 2. Our Qualifications Relevant Experience 3. Our Team Resumes Zusser Company Inc. (ZCI) is a general contractor, construction firm that serves the greater Los Angeles and Orange County Area. ZCI is a family run business founded 19 years .•• (2005) in a small home • in Orange • CA. ZCI aims to plan, design, build, and •' high • projects with friendly professional, efficient, and sustainable service. We strive to implement • long-term relationship with our clients based • communication, transparency, trust, and an anticipation • their needs. CONSTRUCTION EXPERIENCE C�Lig��liII[i �L CONSTRUCTION EXPERIENCE CONSTRUCTION EXPERIENCE PROJECT SUMMARY Agency: City of Bell Gardens - Public Works Contract Amount: $15,600,000 Architect: CWE, Inc. Completed: 2023 PROJEC11"' 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. ROJECT SUMMARY Agency: California Department of Parks and Recreations Contract Amount: $3,600,000 Completed: 2022 PROJECIF 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 PROJECT SUMMARY Agency: City of Bell Gardens - Public Works Contract Amount: $205,000 Completed: 2023 PROJECT SUMMARY • Construction of water, sewer, electrical utilities for the pre -fabricated restroom including preparation of the foundation PROJECT SUMMARY Agency: City of Redondo Beach Contract Amount: $900,000 Completed: 2012 PROJECT SCOPE Renovation of the Pier Deck Surface including Demolition, PCC Pavement, Interlocking Pavers, Decorative Concrete Banding, Site Furnishing, Channel Drains and Piping, Electrical Work, SWPPP 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. PROJECT SUMMARY Agency: Whittier Utility Authority Contract Amount: $1,800,000 Completed: 2013 PROJECT SCOPE • Construction of a Lined Landfill Cell for Phase 2C at the Savage Canyon Landfill located in Whittier. • The work consist of Mass Excavation, Subgrade Preparation, Earthwork, Installation of High Density Polyethylene (HDPE) Geomembrane, Geosynthetic Clay Liner (GCL), Geocomposite, Geotextiles, HDPE and PVC Piping, Surface Water Control Structures. PROJECT SUMMARY Agency: City of Colton Contract Amount: $1,300,000 Completed: 2013 PROJ EC7f'SL) M MARY • Construction of new Well Pumping Plant which includes Site Grading, Aggregate Base and Paving. Construct Well head Improvement including Pump Pedestal, Gravel Access and Construction of Well Pump Foundation. • Construction of Well Blow off Drain and Discharge Piping and Fittings, Concrete Structure, Chlorination System including 1,000 gal Containment Storage Tank, Pumps and Appurtenances. • Electrical Work including Building and Site work. Painting and Coating. PROJECT SUMMARY Agency: City of Ontario Contract Amount: $3,400,000 Completed: 2015 PROJ ECIFSL) M MARY • Water System Improvements including installation of 1,300 If of CML&C water transmission pipeline, installation of RCP, connection to existing at various street intersection, traffic control, pavement repairs, street restoration, demolition. • Relocation of the existing Well No. 41 Chlorine Generation and Injection system, construction of CMU building, installation of a Single Pass Ion Exchange Perforate Wellhead Treatment System for Well No. 41. • Electrical and system integration work. 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 cluctbanks, 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. PROJECT SUMMARY Agency: Imperial County Contract Amount: $8,100,000 Completed: 2019 PROJECT SUMMARY • Remove waste and impacted soil from site and re - grade to a uniform surface. • Removal & disposal of Cal-Haz waste and non- hazardous waste. • Onsite processing of existing concrete and placement of reclaimed concrete. ROJECT SUMMARY Agency: County of Los Angeles Contract Amount: $1,800,000 Completed: 2018 PROJECT SUMMARY • Stone Nature Center to Overlook Segment: New decomposed granite trails, soldier pile retaining walls at slope hillsides, shoring, sire demolition, grading, excavation, interceptor drain, bench cuts at sloped hillsides, post and cable rails, fencing, landscape and irrigation PROJECT SIUMMARY Agency: County of Los Angeles Contract Amount: $110,000 Completed: 2018 PROJECT SUMMAIIII,'�',,Y • Construction of the Martin Luther King memorial grove portion of the Park to Playa project- including manufacturing and installation of the obelisk • Site amenities including the seating, boulders, and engraving of boulders PROJECT SUMMARY Agency: Rancho California Water District Contract Amount: $3,000,000 Completed: 2019 PROJECT SUMMARY • Demolition and disposal of existing surface debris, polypropylene, geotextile liners, reinforced concrete. • Pond surface preparation, grading, excavation. • Install reinforced geomembrane and geotextile along the slopes and bottom of Pond. • Construct reinforced concrete clewatering sump, fiberglass grating, liner anchorage and related work. PROJECT SUMMARY Agency: Los Angeles County — Public Works Contract Amount: $3,654,000 Completed: 2023 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 PROJECT SUMMARY Agency: County of Los Angeles Contract Amount: $2,716,00 Completed: 2023 PROJECT SUMMARY • Removal of an existing Valley Rubber Dam#3 measuring 8' in dia by 450' in length, • Supplying and installation of a new rubber dam and materials • Concrete foundation preparation, construction joint repairs, cleaning and testing of dam PROJECT SUMMARY Agency: County of Los Angeles, Dept of Public Works Contract Amount: $1,400,000 Completed: 2014 PROJEC"I"' SUMMARY • Demolition of existing concrete channel, reconstruct reinforced concrete channel • Construct rubber dam and control house • Modified diversion structure, slides gates, operational platform, structural steel catwalk, RCP pipes and fittings, structural and site concrete, asphalt, concrete outlets, riprap, electrical. PROJECT SUMMARY Agency: Orange County Transportation Authority (OCTA) Contract Amount: $1,980,000 Completed: 2015 PROJEC"I"' SUMMARY • Construct additional parking at the Golden West Transportation Center. • Construct 57'x97' Storm Water underground concrete vault, excavate to 20' deep, shoring, sump pumps, mechanical. • Site grading, flat concrete, asphalt, landscape, site demolition, electrical PROJECT SUMMARY Agency: County Sanitation District of Los Angeles Contract Amount: $3,700,000 Completed: 2019 PROJECT SUMMARY • Demo existing Digestion Tank KLIVI, ancillary facilities, residuals within tanks, mechanical piping, equipment, reinforced concrete structures. • Relocation of existing yard piping and electrical equipment. • Backfill to match existing grade. PROJECT SUMMARY Agency: City of Buena Park - Public Works Contract Amount: $163,630 Completed: 2020 PROJEC11"' SUMMARY • The memorial was created and dedicated to honor Buena Park's Fallen officers. • It includes excavation, concrete work, memorial monument installation with lights and landscape PROJECT SUMMARY Agency: Las Virgenes Metropolitan Water District Contract Amount: $1,500,000 Completed: 2019 PROJ ECIFS1.J M MARY • New glass -lined centrate storage tank with volume of 480,000 gallons, tank mixing equipment, valves, instrumentation, and associated tank accessories. • New access road and tank site, excavation, grading, paving. • New pipes, fittings to tie-in to existing centrate lines for filling and draining the storage tank. • New electrical panels, PLC, equipment. • New dry weather diversion structure. • Site drainage system including concrete swale, gutters and storm drains. PROJECT SUMMARY Agency: County of Ventura Contract Amount: $625,000 Completed: 2017 PROJECT SUMMARY • Repair of damaged levee slope of Conejo Creek. • Removal undermined riprap revetment and place new revetment material. • Remove and replace deficient bank lining, excavation, rock riprap, compacted backfill, water pollution & diversion control, removal water, shoring Lara Sass, President Ms. Sass has 40 years of heavy -civil and marine construction experience. Ms. Sass is responsible for estimating, scheduling, project control, and administration for environmental, mass- excavation/grading, marine public, and private work projects. She is experienced in estimating, negotiation, and performance of large and small contracts and subcontracts, including hard -dollar, and design -build contracts for government agencies and private clients. Misha Fyodorov, CEO & General Manager Mr. Misha Fyodorov has 40 years of heavy -civil construction experience encompassing all aspects of construction project execution. Mr. Fyodorov is responsible for overall company performance including estimating, construction management, procurement and contract administration, safety program, equipment management, hiring and employee training. Mr. Fyodorov supervises multiple, complex, medium and large- scale projects involving hundreds of craft labor, several project managers, project engineers and field superintendents. As a Project Manager, Mr. Fyodorov has a proven record in managing complex government, municipal and private work including construction of bridges, highways, airport, marine, landfills, flood control, mass excavation, pipe -line, mechanical, and remediation projects in the Western United States. a Antonio Zori, Senior Project Manager Mr. Antonio Zori is a results -oriented professional with over 25 years of experience in construction management and direction of different types of complex projects (public and private contracts). Specialist in increasing profits, reducing expenses and execution time using different construction methods and value engineering, maintaining the quality and scope of project. Highly qualified in analyzing production and deviation costs, scheduling optimization, team management and successful negotiation with clients and subcontractors. Anton Fyodorov, General Project Manager With 18 years of heavy -civil construction experience, Mr. Anton Fyodorov oversees company performance, managing various aspects such as estimating, construction, procurement, safety, equipment, hiring, and training. He leads multiple large-scale projects, demonstrating expertise in government, municipal, and private construction, covering bridges, highways, airports, marine structures, landfills, flood control, mass excavation, pipelines, mechanical, and remediation projects in the Western United States. CONSTUCTION ENGINEERING Zusser has construction -focused engineering, providing seamless solutions that smoothly translate blueprints into completed projects. DIGFFIAL DESIGN DRAWINGS (2D & 3D) Zusser utilizes a range of advanced heavy -civil design software to produce both 2D and 3D designs and drawings specifically tailored for construction applications. This enables us to employ sophisticated tools and technologies to enhance the precision and effectiveness of our design processes. Zusser forwards its finalized designs to field crews for seamless implementation and to material suppliers and fabricators to ensure precise construction and manufacturing processes. This streamlined communication and distribution of design information facilitate accurate and efficient execution in both construction and fabrication phases. EARTH WORK CALCULATIONS & OPTIMIZATION Zusser employs specialized software to accurately calculate earthwork quantities, focusing on efficiently managing the import and export of soil and determining the optimal haul routes on construction sites. This dedicated software ensures precise earthwork planning and enhances overall project efficiency. VIEWPOINT �Lig��l3�l�i�Y��e] Zusser is equipped with cutting -edge, in-house construction survey equipment that plays a pivotal role in ensuring accuracy and efficiency throughout the construction process. This advanced equipment serves various purposes: Site Investigation: Prior to commencing a construction project, Zusser can examine the site to gather crucial information about topography, soil conditions, drainage patterns, and existing structures. Staking and Layout: Zusser is able establish and mark critical reference points on the site, including property boundaries, building corners, and utility locations. Monitoring and Verification: Throughout the construction process, Zusser continuously checks on the position, elevation, and alignment of structures are conducted to promptly identify and rectify any deviations. As -Built Surveying: Upon project completion, Zusser can conduct a final survey to document the finished works, creating an as -built record. By leveraging state-of-the-art survey equipment such as Drone Mapping and our Trimble GPS/ GLASS system, Zusser ensures that precise measurements and spatial data guide decision -making, minimize errors, and uphold quality control from project initiation to completion. DroneDeploy .&THmb1e, Civii Construction Geas , plems Case &23-cv-00521 Doclient 1. F-fled 03/22/23 Page 1 of 3 Page e 0 #: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALEXANDER B. CVITAN (SBN 81746) E-mail: alc rac-law.com MARSHA M. HAMASAKI (SBN 102720) E-mail: marshah rac-law.com PETER A. HUTCHINSON (SBN 225399) E-mail: peterh rac-law.com REICH, ADELL & CVITAN, A Professional Law Corporation 3550 Wilshire Blvd., Suite 2000 Los Angeles, California 90010-2421 Telephone: (213) 386-3860; Facsimile: (213) 386-5583 Attorneys for Plaintiff UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, a Delaware limited liability company, Plaintiff, V. NATIONWIDE CONTRACTING SERVICES, INC, a California corporation doing business as NATIONWIDE GENERAL CONSTRUCTION SERVICES, Defendant. CASE NO.: COMPLAINT FOR: 1. MONETARY DAMAGES DUE TO EMPLOYEE BENEFIT PLANS 2. SPECIFIC PERFORMANCE OF OBLIGATION TO PRODUCE RECORDS FOR AUDIT [29 U.S.C. §§ 185, 1132(a)(3), 1132(g)(2) and 1145] Plaintiff, Construction Laborers Trust Funds for Southern California Administrative Company, a Delaware limited liability company, alleges: JURISDICTION AND VENUE 1. This action is brought by a fiduciary administrator on behalf of employee benefit plans against an employer. It is brought to enforce of the terms of 474847.3 I Case &23-cv-00521 Doclient 1. F-fled 03/22/23 Page 2 of 3 Page 0 #: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 collective bargaining agreements and plan trust agreements to: (a) recover fringe benefit contributions and related damages due by the employer on behalf of its employees (Claim 1); and (b) compel the employer to fully produce its records for audit to determine if additional amounts are due (Claim 2). This Court has jurisdiction pursuant to: sections 502(g)(2) and 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1132(g)(2) and 1145; section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3); and section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Pursuant to ERISA section 502(e)(2), 29 U.S.C. § 1132(e)(2), venue is proper in this district for each of the following reasons: the plans are administered in this district; the employer's performance and breach took place in this district; and the employer resides or may be found in this district. 2. Plaintiff ("CLTF") is an administrator of, agent for collection for, a fiduciary to, and brings this action on behalf of the following employee benefit plans: Laborers Health and Welfare Trust Fund for Southern California; Construction Laborers Pension Trust for Southern California; Laborers Annuity Plan for Southern California; Construction Laborers Vacation Trust for Southern California; Laborers Training and Re -Training Trust Fund for Southern California; Fund for Construction Industry Advancement; Center for Contract Compliance; Laborers Contract Administration Trust Fund for Southern California; Laborers' Trusts Administrative Trust Fund for Southern California; and Southern California Partnership for Jobs Trust Fund (collectively "Trust Funds"). The Trust Funds are express trusts created by written agreements; employee benefit plans within the meaning of ERISA section 3(3), 29 U.S.C. § 1002(3); and multi -employer plans within the meaning of ERISA section 3(37)(A), 29 U.S.C. § 1.002(37)(A). The Trust E74847.3 W Case &23-cv-00521 Doclient 1. F-fled 03/22/23 Page 3 of 3 Page e 0 #:3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Funds exist pursuant to ERISA and LMRA section 302, 29 U.S.C. § 186. CLTF and the Trust Funds' principal places of business are in the County of Los Angeles, State of California. 3. CLTF is a fiduciary as to the Trust Funds in that it: a. Exercises discretionary authority or discretionary control with respect to the collection of delinquent (or possibly delinquent) fringe benefit contributions due to the Trust Funds, including but not limited to discretion in auditing employers, deciding what claims to assert, acting as agent of the Trust Funds in asserting claims, waiving liquidated damages, settling claims, and releasing claims; and b. Exercises authority or control with respect to management or disposition of assets of the Trust Funds, including but not limited to receiving delinquent contributions collected and holding them in a bank account in its own name over which it has check -writing authority, and then exercising discretion in allocating those assets among the different Trust Funds, different participants, different time -periods and different jobs. 4. CLTF is informed and believes, and on that basis alleges, that defendant Nationwide Contracting Services, Inc ("Employer") is a corporation organized and existing under the laws of the State of California that does business as Nationwide General Construction Services; has a principal place of business in the City of Fountain Valley, County of Orange, State of California; and does, or at all relevant times did, business in the State of California as a construction contractor in an. industry affecting interstate commerce. E74847.3 3 Case &23-cv-00521 DoAlert 1, F=fled 03/22/23 Pegs 4 of 3 Page e 0 #A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENTS 5. Various public entities in Southern California have entered into project labor agreements (also known a project stabilization agreements, continuity of work agreements, and community workforce agreements) with unions and employer associations establishing terms and conditions of work on public works projects. In each case, by, and as a condition of, performing work on such a project, contractors must abide by the terms of the applicable project labor agreement, including terms related to the payment of employee wages and fringe benefits. The Employer has performed work on such public works projects, including at least those of the Los Angeles Unified School District (governed by the Los Angeles Unified School District Project Stabilization Agreement) and the City of Santa Ana (governed by the City of Santa Ana Community Workforce Agreement). Many project labor agreements, including the two listed above in this paragraph (referenced herein together as "Project Labor Agreements"), are signed by the Laborers Union and other labor unions (as parties to the agreement) and incorporate the unions' respective collective bargaining agreements by reference. The Laborers Union collective bargaining agreements, which are among those incorporated by reference into the Project Labor Agreements, are known as the Construction Master Labor Agreements, including one known as the Southern California Master Labor Agreement. In addition to working under project labor agreements, the Employer executed a collective bargaining agreement with the Laborers Union binding it directly to the Construction Master Labor Agreements for work on one or more specific projects, including one for work on a project of the City of Santa Barbara known as the Central Library Renovation project ("Santa Barbara Public Works Project Agreement"). The Los Angeles Unified School. District Project Stabilization. Agreement, City of Santa Ana Community Workforce Agreement, Santa Barbara Public Works Project Agreement, and any other agreement binding the Employer to E74847.3 0 Case &23-cv-00521 Doclient 1. F=fled 03/22/23 Page 5 of 3 Page e 0 #, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Construction Master Labor Agreements, as well as the Construction Master Labor Agreements themselves, are identified as the "Collective Bargaining Agreements" where referenced collectively hereinafter. 6. Pursuant to the Collective Bargaining Agreements, employers become — and the Employer became and is — bound to the terms and conditions of the various trust agreements that created each of the Trust Funds ("Trust Agreements"). When referenced collectively hereinafter, the Collective Bargaining Agreements and Trust Agreements are referred to as "the Agreements." 7. Under the terms of the Agreements, employers, including the Employer, are required to submit monthly fringe benefit contributions ("Monthly Contributions") to the Trust Funds for all hours worked by (or paid for) their employees who perform work covered by the Agreements ("Covered Work"). 8. Under the terms of the Agreements, employers, including the Employer, are required to submit to the Trust Funds, with their Monthly Contributions, monthly reports, itemized by project, listing the names of their employees who performed Covered Work, their Social Security numbers, the hours of work performed by (or paid for) each, and the resulting Monthly Contributions due for them ("Monthly Reports"). The Trust Funds rely on Monthly Reports — and the accuracy of those reports — to determine the amount of Monthly Contributions due to the Trust Funds by employers and the credit toward fringe benefits to be allocated to their employees. 9. The Agreements provide for the payment of interest on delinquent Monthly Contributions from the date due at a rate set by the trustees of the Trust Funds. The trustees have set that rate at five percent (5%) above the prime rate set E74847.3 E Case &23-cv-00521 Doclient 1. F-fled 03/22/23 Page 6 of 3 Page e 0 #, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the Federal Reserve Board of San Francisco, California. The Agreements also provide for the payment of liquidated damages for each month of delinquent Monthly Contributions or Monthly Reports, for each Trust Fund separately, in the amount of twenty percent (20%) of the delinquent Monthly Contributions due to the Trust Fund or $25, whichever is greater (except with respect to the Laborers Contract Administration Trust Fund for Southern California, which assesses liquidated damages at the greater of $20 or ten percent (10%)). In addition, employers are required to pay fees for the submission of dishonored checks. 10. The failure of employers to pay Monthly Contributions when due causes damages to the Trust Funds and its participants beyond the value of the unpaid Monthly Contributions, which are difficult to quantify. Apart from the fees and costs incurred in litigation, the harm caused includes, but is not limited to, the administrative costs of processing and collecting delinquencies, the costs of adjusting benefit credits and notifying participants, the additional burden placed on contractors who faithfully pay their contributions, and the burden upon participants and beneficiaries who may be unable to qualify for benefits they may have otherwise been entitled to had it not been for the delinquency of their employer. The liquidated damages provision of the Agreements was meant to compensate for the loss to the Trust Funds, which is incurred even if the Monthly Contributions for a given month are later paid. It is based on the Trust Funds' ratio of collection costs over amounts collected, which are regularly reported to the Trust Funds' trustees. 11. Under the terms of the Agreements, employers, including the Employer, agree to subcontract Covered Work only to entities that are signatory to a Construction. Master Labor Agreement applicable to the work performed. If an. employer subcontracts Covered Work to a non -signatory entity, the employer becomes liable to the Trust Funds in an amount equal to the Monthly Contribution s E74847.3 0 Case &23-cv-00521 Doclient 1. F-fled 03/22/23 Page 7 of 3 Page e 0 #, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that would have been due if the entity had been signatory (plus interest, liquidated damages and audit fees thereon). 12. Under the terms of the Agreements, employers, including the Employer, agree not to subcontract Covered Work to entities that are delinquent to the Trust Funds. If an employer subcontracts Covered Work to such an entity the employer becomes under the terms of the Agreements liable to the Trust Funds for the Monthly Contributions due by the subcontractor and any lower -tier subcontractors. 13. The Agreements provide the Trust Funds with specific authority to examine the payroll and business records of employers, including the Employer, to determine whether they have reported all hours worked by (or paid for) their employees who perform Covered Work, and whether they have paid the appropriate Monthly Contributions and other amounts due by them to the Trust Funds. The Agreements further provide that employers, including the Employer, must maintain records sufficient for the Trust Funds to verify proper Monthly Reporting, and, where there has been inaccurate Monthly Reporting, to determine the additional amounts due, and that the employer must pay the Trust Funds' audit fees if it is delinquent to the Trust Funds. The Trust Funds have delegated the authority to perform such audits to CLTF. 14. The Agreements require employers to pay the Trust Funds' attorneys' fees and costs of litigation to enforce the Agreements' foregoing terms, including the Monthly Contribution, Monthly Reporting, subcontracting and audit provisions. E74847.3 0 Case &23-cv-00521 DoAlert 1, F-fled 03/22/23 Page 8 of 3 Page e 0 #: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For Monetary Damages Due to Employee Benefit Plans [29 U.S.C. §§ 185, 1132(g)(2) and 1145] 15. CLTF repeats, realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 14 above as if fully set forth here. 16. The Employer has failed to timely submit Monthly Contributions due by it to the Trust Funds. Pursuant to the Agreements and ERISA sections 502(g)(2) and 515, 29 U.S.C. §§ 1132(g)(2) and 1145, the Employer owes the Trust Funds a known amount of $76,908.33 for unpaid or late -paid Monthly Contributions and related damages (and/or late -submitted Monthly Reports) for some or all of the months of December 2018 through September 2021 ("Known Delinquency"). The Known Delinquency consists of: $53,798.66 in unpaid Monthly Contributions; $9,122.50 in interest through March 6, 2023; $13,667.17 in liquidated damages; and $320.00 in audit fees. 17. CLTF will establish by proof at the time of trial or through dispositive motion the Known Delinquency and any additional amounts determined to be due to the Trust Funds by the Employer, including any additional Monthly Contributions, interest, liquidated damages, audit fees, fees for the submission of checks not honored by the bank upon which they were drawn, attorneys' fees and costs, and amounts owed as a result of work performed by subcontractors of the Employer (or lower -tier subcontractors). If deemed necessary by the Court, CLTF will amend its complaint to add any additional amounts determined to be due. Any and all conditions to the Employer's obligations under the Agreements to pay the Known Delinquency and any additional amounts due under the Agreements to the Trust Funds have been met. E74847.3 Case &23-cv-00521 Doclient 1. F=fled 03/22/23 Page 9 of 3 Page e 0 #' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. A portion of the Known Delinquency, including all of the amounts due for months during the period December 2018 through November 2019 (and a portion of amounts due for subsequent months), was discovered to be due a review of Employer records produced in response to a request by CLTF for it to submit to an audit, the first of which were received by CLTF in January 2021. Sufficient records were not produced for the audit to be completed. A partial audit was completed in April 2022. SECOND CLAIM FOR RELIEF For Specific Performance of Obligation to Produce Records for Audit [29 U.S.C. §§ 1132(a)(3) and 1132(g)(2)(E)] 19. CLTF repeats, realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 18 above as if fully set forth here. 20. CLTF has requested that the Employer produce its records for audit. The Employer has failed to fully produce its records for audit. CLTF requests that the Court exercise its authority under ERISA sections 502(a)(3) and (g)(2)(E), 29 U.S.C. §§ 1132(a)(3) and (g)(2)(E), to order the Employer to comply with its obligation under the Agreements and ERISA to fully produce its books and records in order for CLTF to complete an audit to determine if additional amounts are due. 21. An award of attorneys' fees and costs is provided for by Agreements and under ERISA sections 502(g)(1) and/or (g)(2), 29 U.S.C. § 1132(g)(1) and/or (g)(2). E74847.3 0 e &23-cv-00521 DOCUment 1 Ffled/ 2/ Page 10 of 13 Pace 0 #'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, CLTF prays for judgment as follows: ON CLTF'S FIRST CLAIM FOR RELIEF [For Monetary Damages Due to Employee Benefit Plans] A. For $53,798.66 in unpaid Monthly Contributions, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(A). B. For $9,122.50 in interest through March 6, 2023 on unpaid or late paid Monthly Contributions at the rate of five percent above the variable prime rate set by the Federal Reserve Board of San Francisco, California, plus such additional interest that has or does hereafter accrue from March 6, 2023, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(B). C. For $13,667.17 in liquidated damages for unpaid and late -paid Monthly Contributions at, for each of the Trust Funds separately, the greater of 20% or $25 (except with respect to the Laborers Contract Administration Trust Fund for Southern California, for which liquidated damages are sought at the greater 10% or $20), as required by the Agreements and 29 U.S.C. § 1132(g)(2)(C). D. For $320.00 in audit fees, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(E). E. For, according to proof, any additional Monthly Contributions, interest, liquidated damages, audit fees, insufficient funds check fees, and amounts owed as a result work performed by any subcontractors of the Employer (or lower -tier subcontractors) determined to be due, pursuant to the Agreements and 29 U.S.C. § § 1132(g)(2) and 1145. 474847.3 ff e &23-cv-00521 DOCUment 1 Ffledl / 2/ Page 11 of 13 Pace 0 #,11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. For reasonable attorneys' fees and costs of suit, as required by the Agreements and 29 U.S.C. § 1132(g)(2)(D). G. For such other relief that this Court deems appropriate, pursuant to any authority of the Court, including but not limited to the authority established by 29 U.S.C. §§ 1132(g)(2)(E) and 1132(a)(3). ON CLTF'S SECOND CLAIM FOR RELIEF [For Specific Performance of Obligation to Produce Records for Audit] A. For the issuance of injunctive relief pursuant to the Agreements and 29 U.S.C. §§ 1132(g)(2)(E) and/or 1132(a)(3) ordering the Employer and its managing officers, managing employees, agents and successors, as well as all those in active concert or participation with any one or more of them, to submit to an audit of the Employer's records from at least December 1, 2018 forward, to fully cooperate with CLTF with respect to the audit in order for CLTF to determine the total amount due to the Trust Funds by the Employer, and, specifically, to produce to CLTF the following payroll and business records — and any other records determined by CLTF to be necessary to conduct a full audit — for inspection, examination and copying: A. 1. All of the Employer's payroll and employee records, as well as any other records that might be relevant to a determination of the work performed by the Employer, its employees, its subcontractors, its lower -tier subcontractors and the employees of the Employer's subcontractors and lower -tier subcontractors, including but not limited to payroll journals, employee earnings records, certified payroll. records, payroll check books and stubs, cancelled payroll checks, payroll time cards and state and federal tax returns (and all other state and federal tax records), as well 474847.3 11 e &23-cv-00521 C2OCUment 1 Ffled3/22/22 Page 12 of 12 Pace 0 #,1.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as labor distribution journals and any other records that might be relevant to an identification of the employees who performed work for the Employer, its subcontractors or lower -tier subcontractors, or which might be relevant to a determination of the projects on which the Employer, its employees, its subcontractors, lower -tier subcontractors or the employees of its subcontractors or lower -tier subcontractors performed work, including any records that provide the names, addresses, Social Security numbers, job classification or the number of hours worked by any one or more employee; A.2. All of the Employer's job files for each contract, projector job on which the Employer, its employees, its subcontractors, its lower -tier subcontractors or the employees of its subcontractors or lower -tier subcontractors worked, including but not limited to all correspondence, agreements and contracts between the Employer and any general contractor, subcontractor, owner, builder or developer, as well as all field records, job records, notices, project logs, supervisors' diaries and notes, employees' diaries and notes, memoranda, releases and any other records that relate to the supervision of the Employer's employees, its subcontractors, its lower - tier subcontractors or the employees of its subcontractors and lower -tier subcontractors, or the projects on which the Employer, its employees, its subcontractors, its lower -tier subcontractors or the employees of its subcontractors or lower -tier subcontractors performed work; A.3. All of the Employer's records related to cash receipts, including but not limited to the Employer's cash receipts journals, accounts receivable journals, accounts receivable subsidiary ledgers and billing invoices for all contracts, projects and jobs on which the Employer, its employees, its subcontractors, its lower -tier subcontractors or the employees of its subcontractors or lower -tier subcontractors performed work; 474847.3 12 e &23-cv-00521 DOCUment 1 Ffled1 / 2/ Page 13 of 13 Pace 0 #,1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A.4. All of the Employer's bank statements, including but not limited to those for all checking, savings and investment accounts; A.S. All of the Employer's records related to disbursements, including but not limited to vendors' invoices, cash disbursement journals, accounts payable journals, check registers and all other records which indicate disbursements; A.6. All collective bargaining agreements between the Employer and any trade union, and all records of contributions by the Employer to any trade union trust fund; and A.7. All records related to the formation, licensing, renewal or operation of the Employer. B. For reasonable attorneys' fees and costs of suit, as required by the Agreements and provided for under 29 U.S.C. § 1132(g)(1) and/or (g)(2). C. For such other relief that this Court deems appropriate, pursuant to any authority of the Court, including but not limited to the authority established by 29 U.S.C. §§ 1132(g)(2)(E) and 1132 (a)(3). DATED: March 21, 2023 REICH, ADELL & CVITAN A Professional Law Corporation By: /s/ Peter A. Hutchinson PETER A. HUTCHINSON Attorneys for Plaintiff 474847.3 13 Electroneaily Filed by Superior C,OUrt of CallfernMla, CeUnty of C: fLan e„ 12/09/202 12:391r3F`). -01 29911 J-C. U-,UC-NJ - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court, By Y. Ramirez, Deputy C ierk, 1' 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF KENNETH J. FREED KENNETH J. FREED, ESQ. [SBN. 125349] JOSEPH JYOO, ESQ. [SBN. 321286] 4340 Fulton Ave., Third Floor Sherman Oaks, California 91423 (818) 990-0888 (818) 990-1047 Facsimile KFREED@KJFESQ.COM JJYOOgKJFESQ.COM Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. Our File No. 6085481 vs. AmiggRed tar I ftr . Judge Nathan Vu SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER, UNLIMITED CIVIL Plaintiff(s), NATIONWIDE CONTRACTING SERVICES, INC AKA NATIONWIDE CONTRACTING SERVICES INC AKA NATIONWIDE CONTRACTING SERVICES, INC. DBA NATIONWIDE GENERAL CONSTRUCTION SERVICES; and DOES 1 through 10, Inclusive, Defendants Case No.: 30-2022-01296113-CU-BC-NJC COMPLAINT FOR MONEY (Insurance Premiums) 1. BREACH OF CONTRACT 2. OPEN BOOK ACCOUNT 3. ACCOUNT STATED 4. REASONABLE VALUE Plaintiff, on information and belief, alleges as follows: DEFINITIONS AND PRELIMINARY ALLEGATIONS As used herein, the term "Plaintiff's Assignor" refers to STATE COMPENSATION INSURANCE FUND. 20. 2. As used herein, the term "Debt" refers to the sum of $140,714.83 for Policy No. 9240973- As used herein, the term "Due Date" refers to May 27, 2022. 4. Plaintiffs Assignor is a corporation and an insurance issuer and underwriter, licensed under the laws of the State of California. Prior to the commencement of this action, the claims herein sued upon -1- COMPLAINT FOR MONEY 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 were assigned to Plaintiff by Plaintiffs Assignor for collection purposes only and Plaintiff, as assignee, has not accepted any of the obligations, debts or liabilities of Plaintiff's Assignor. 5. Plaintiff is a corporation organized and existing under the laws of the State of California and is a collection agency. 6. The true names and capacities, whether individual, corporate, associate or otherwise, of the Defendants herein designated DOES 1 through 10, inclusive, are unknown to Plaintiff. Plaintiff will ask leave of the Court to amend this Complaint to show their true names and capacities when ascertained. 7. The obligation and claims sued upon herein were made and entered into and are due and payable in the above -mentioned Judicial District and County, State of California, and are not subject to the provisions of Sections 1.812.10 and 2984.4 of the California Civil Code and Section 395(b) of the California Civil Code of Procedure. 8. At all times herein mentioned, the Defendants were agents and employees of the other Defendants and were acting within the course and scope of such agency and employment. 9. Plaintiff is informed and believes and thereon alleges that each Defendant is and at all times herein mentioned was, an alter ego and/or successor in interest of each other Defendant, in order to perpetrate a fraud and to accomplish other wrongful and inequitable purposes, such that the Court must disregard the separate entities and treat each entities' acts as set forth herein as if they were done by each of these named Defendants. FIRST CAUSE OF ACTION (BREACH OF CONTRACT) (Against All Defendants; and DOES 1 through 10, Inclusive) 10. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 11. Plaintiff's Assignor and Defendants entered into a written agreement wherein Plaintiff's Assignor agreed to provide a policy of workers compensation insurance to the Defendants, bearing Policy No. 9240973-20 (covering the period of November 3, 2020 through November 3, 2021) and Defendants agreed to pay premiums in accordance with the terms and conditions of said policy which provided for payment of premiums. 12. Said Defendants accepted said workers compensation insurance policy bearing Policy No. -2- COMPLAINT FOR MONEY 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9240973-20, and, in consideration thereof, agreed to the terms and conditions set forth therein which provided payment of premiums. 13. Plaintiff's Assignor has performed everything on its part to be performed under said insurance policy. 14. Defendants breached that part of Policy No. 9240973-20 requiring the payment of the premium assessed by Plaintiff's Assignor at the conclusion of Policy No. 9240973-20 in the amount of $140,714.83. Said balance has not been paid although payment has been demanded, and there is now due, owing and unpaid from the Defendants to Plaintiff said Debt, together with interest thereon at the rate of ten percent (10%) per annum since demanded on the Due Date as set forth in Paragraph 3 herein. SECOND CAUSE OF ACTION (OPEN BOOK ACCOUNT) (Against All Defendants; and DOES I through 10, Inclusive) 15. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 16. Within four years preceding the commencement of this action, Defendants, and each of them, became indebted to Plaintiff's Assignor in the amount of the Debt for a balance due on an open book account for goods sold and delivered and/or services rendered by Plaintiff's Assignor to Defendants at Defendants' request. Said Debt has not been paid although payment has been demanded, and said Debt is now due, owing and unpaid, together with interest thereon at the rate of ten percent (10%) per annum since demanded on the Due Date. 17. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the provisions of the California Civil Code Section 1.717.5 and that Plaintiff is entitled to be awarded attorney's fees pursuant to said section. THIRD CAUSE OF ACTION (ACCOUNT STATED) (Against All Defendants; and DOES I through 10, Inclusive) 18. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 19. Within four years preceding the commencement of this action, an account was stated by and between Plaintiff's Assignor and Defendants, and each of them, wherein it was ascertained and agreed -3- COMPLAINT FOR MONEY 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that said Defendants owed said Debt to Plaintiff's Assignor together with interest thereon at the rate of ten percent (10%) per annum from the Due Date. 20. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the provisions of the California Civil Code Section 1717.5 and that Plaintiff is entitled to be awarded attorney's fees pursuant to said section. FOURTH CAUSE OF ACTION (REASONABLE VALUE) (Against All Defendants; and DOES 1 through 10, Inclusive) 21. Plaintiff repeats, realleges and incorporates herein by reference paragraphs 1 through 9 as though fully set forth herein. 22. Within two years preceding the commencement of this action Defendants, and each of them, became indebted to Plaintiff's Assignor for the reasonable value of goods sold and delivered and/or services rendered by Plaintiff's Assignor to said Defendants' request, the Debt was and is the reasonable value of said goods, and/or services. No part of said Debt has been paid although payment has been demanded, and said Debt is now due, owing and unpaid, together with interest at the rate of ten percent (10%) per annum since demanded on the Due Date. 23. The Debt sued upon herein was incurred on or after January 1, 1987 and is subject to the provisions of the California Civil Code Section 1.717.5 and that Plaintiff is entitled to be awarded attorney's fees pursuant to said section. WHEREFORE, Plaintiff prays for judgment against the Defendants and each of them, as follows: AS TO THE FIRST CAUSE OF ACTION 1. As to Policy No. 9240973-20, for a sum of $140,714.83 together with interest thereon at the rate of ten percent (10%) per annum from May 27, 2022; 2. For costs of suit herein; and 3. For such other and further relief as the Court may deem just and proper. AS TO THE SECOND, THIRD AND FOURTH CAUSES OF ACTION 1. As to Policy No. 9240973-20, for a sum of $140,714.83 together with interest thereon at the rate of ten percent (10%) per annum from May 27, 2022; 2. For costs of suit incurred herein; -4- COMPLAINT FOR MONEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For attorney's fees pursuant to California Civil Code Section 1717.5; and 4. For such other and further relief as the Court may deem just and proper. DATED: December 8, 2022 LAW OFFICES OF KENNETH J. FREED MIN JOSEPH JYOO, ESQ. Attorneys for Plaintiff CREDITORS ADJUSTMENT BUREAU, INC. [Electronic Signature per C.R.C. 2.257(a)] -5- COMPLAINT FOR MONEY I 30-2023-013 Ictronically Filed by Superiorr of California, County of Orange,: 1 1 11 PU !R6343-CU-BC-NJC - ROA # 47 - DAVID H. YAMASAKI, Clerk of the Court By R. Baker, Deputy Cler,07: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Christopher M. Engels, Esq (Bar No. 304855) Sean B. Janzen, Esq. (Bar No. 293246) ENGELS LAW APC 555 Anton Blvd, Suite 150 Costa Mesa CA 92626 (949) 269-7709 chris(&engelslaw.corn seanL&engelslaw. corn Attorneys for Plaintiffs Alex Song and Traci Doan, individually and as Trustees of Song Doan Nevada Trust 6-309111001ZOL1111 aI[I7aY:IP.YIrr9W001WO1_1919Cl7.7►1 COUNTY OF ORANGE, NORTH JUSTICE CENTER ALEX SONG, an individual, TRACI DOAN, an individual; ALEX SONG and TRACI DOAN as Trustees of SONG DOAN NEVADA TRUST, Plaintiffs, vs. NATIONWIDE CONTRACTING SERVICES, INC., D.B.A. NATIONWIDE GENERAL CONSTRUCTION SERVICES, a California Corporation; ELIE NADER, an individual; HUDSON INSURANCE COMPANY, a Delaware Corporation; CHARLIE PLUMBING, an unknown business entity; MD CUSTOM WOOD WORK, an unknown business entity; SPECIALIZED FIRE PROTECTION, INC., a California Corporation; THOMAS STEWART dba TBS CONSTRUCTION, a Sole Proprietorship; NAVIGATORS INSURANCE COMPANY, a New York Corporation; CAL PRIME STRUCTURES, INC., a California Corporation dba CAL PRIME GLASS AND MIRROR; BUSINESS ALLIANCE INSURANCE COMPANY, a California Corporation; ARCE ELECTRIC, a California Corporation; AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation; REGAL INTERIOR, INC., a California Corporation dba REGAL PLASTERING; RG DECK COATING, INC., Lead Case No: 30-2023-01326343-CU-BC-NJC Consolidated with Case No: 30-2023-01335746-CU-BC-CJC FIRST AMENDED COMPLAINT FOR DAMAGES 1. Violation of Building Standards Civil Code §§ 896 and 897 2. Negligence 3. Breach of Implied Warranty 4. Breach of Express Warranty 5. Breach of Contract 6. Intentional Misrepresentation - Fraud 7. Conversion 8. Violation of Business and Professionals Code §71.64 9. Violation of Business and Professionals Code §7031 10. Action on Surety Bond Business & Professions Code § 7071.5 11. Action to Expunge Mechanic's Lien Civil Code § 311.8 -1- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 a California Corporation; DON R. WEILER, an individual; MICROBIAL SOLUTIONS, INC., a California Corporation dba OC DECKS; CALIFORNIA CUSTOM LIFT, INC., a California Corporation; THE OHIO CASUALTY INSURANCE COMPANY, a New Hampshire Corporation; SO CAL ROLLING SHUTTER, LLC, a California Limited Liability Company; SURETEC INSURANCE COMPANY, a Texas Corporation; ANDREW SMITH, an individual; and DOES I-100, inclusive, Defendants. PLAINTIFF ALEX SONG demands a jury trial and complains of Defendants and each of them, as follows: GENERAL ALLEGATIONS 1. Plaintiff ALEX SONG ("SONG") is an individual residing in the County of Orange, California. 2. Plaintiff TRACI DOAN ("DOAN") an individual residing in the County of Orange, California 3. Plaintiff ALEX SONG and TRACI DOAN are Trustees of SONG DOAN NEVADA TRUST ("SONG DOAN TRUST"), and the owners of real property located at 204 2nd St., Huntington Beach, CA. 4. Plaintiffs hired NATIONWIDE CONTRACTING SERVICES, INC. C •111 11 9 1,11• M209M a California Corporation doing business in the City of Huntington Beach doing business under California Contractors State License Board License No. 1031246, to build new residential construction at 204 2nd St., Huntington Beach, CA, County of Orange, State of California (referred to herein as "PROJECT"). 5. Plaintiffs are informed, believe, and based on such information and belief allege that Defendant ELIE NADER ("NADER"), an individual, is and at all times -2- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 mentioned in this Complaint was the Responsible Managing Officer, CEO, and President I of NATIONWIDE. 6. Plaintiffs are informed, believe, and based on such information and belief allege that at all times relevant, NADER was the alter ego of NATIONWIDE due to the fact that NADER failed to observe corporate formalities, disregarded the distinction between himself and the corporate defendant, and the corporate defendant was a mere shell and conduit for NADER's affairs. Upon information and belief, at all times relevant, there was such a unity of interest and ownership between NADER and NATIONWIDE that the separate personalities of NATIONWIDE and NADER no longer exist. Further, it would sanction a fraud or promote injustice to uphold the corporate fiction of NATIONWIDE and not hold NADER personally liable for the misconduct he performed through the corporate entity defendant. 7. Defendant HUDSON INSURANCE COMPANY ("HUDSON") has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 30026732 in the amount of $15,000.00 on the California State Contractor's License of Defendant NATIONWIDE and/or NADER, License Number 1031246, and as such, assumed the liability of NATIONWIDE and/or NADER to the extent of the penal sum of the bond. 8. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant CHARLIE :PLUMBING ("CHA:RLIE PLUMBING") was an unknown business entity doing business in the County of Orange, California, who furnished work and/or materials on the PROJECT. 9. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant MD CUSTOM WOOD WORK ("MD") was an unknown business entity doing business in the County of Orange, California, who furnished work and/or materials on the PROJECT. 10. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant SPECIALIZED FIRE PROTECTION, INC. -3- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 ("SPECIALIZED") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 1005885, who furnished work and/or materials on the PROJECT. 11. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 30006906 in the amount of $15,000.00 on the California State Contractor's License of Defendant SPECIALIZED, License Number 11005885, and as such, assumed the liability of SPECIALIZED to the extent of the penal sum of the bond. 12. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant THOMAS STEWART dba TBS CONSTRUCTION ("TBS") was a Sole Proprietor doing business in the County of Orange, California, under California Contractors State License Board License No. 1012469, who furnished work and/or materials on the PROJECT. 13. Defendant NAVIGATORS INSURANCE COMPANY ("NAVIGATORS") has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number NAV00020338 in the amount of $15,000.00 on the California State Contractor's License of Defendant TBS, License Number 1012469, and as such, assumed the liability of TBS to the extent of the penal sum of the bond. 14. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant CAL PRIME STRUCTURES, INC., dba CAL PRIME GLASS AND MIRROR ("CAL PRIME") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 1075613, who furnished work and/or materials on the 15. Defendant BUSINESS ALLIANCE INSURANCE COMPANY (`BUSINESS ALLIANCE") has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number GI 10413096471in the amount of $15,000.00 on the California State Contractor's License of Defendant CAL PRIME, License Number -4- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 1075613, and as such, assumed the liability of CAL PRIME to the extent of the penal I sum of the bond. 16. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant ARCS ELECTRIC ("ARCE") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 977091, who furnished work and/or materials on the PROJECT. 17. Defendant AMERICAN CONTRACTORS INDEMNITY COMPANY ("AMERICAN") has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 100531324 in the amount of $15,000.00 on the California State Contractor's License of Defendant ARCE, License Number 977091, and as such, assumed the liability of ARCE to the extent of the penal sum of the bond. 18. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant :REGAL INTERIOR, INC., dba REGAL PLASTERING ("REGAL") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 1000371, who furnished work and/or materials on the PROJECT. 19. Defendant BUSINESS ALLIANCE has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number G100513078379 the amount of $15,000.00 on the California State Contractor's License of Defendant REGAL, License Number 1000371, and as such, assumed the liability of REGAL to the extent of the penal sum of the bond. 20. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant :RG DECK COATING, INC. ("RG") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 975675, who furnished work and/or materials on the PROJECT. -5- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 21. Defendant NAVIGATORS has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number NAV00015704 in the amount of $15,000.00 on the California State Contractor's License of Defendant RG, License Number 975675, and as such, assumed the liability of RG to the extent of the penal sum I of the bond. 22. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DON R. WEILER ("WEILER") was an individual doing business in the County of Orange, California, under California Contractors State License Board License No. 586459, who furnished work and/or materials on the PROJECT. 23. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 30050713 in the amount of $15,000.00 on the California State Contractor's License of Defendant WEILER, License Number 586459, and as such, assumed the liability of WEILER to the extent of the penal sum of the bond. 24. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant MICROBIAL SOLUTIONS, INC., a California Corporation dba OC DECKS ("OC DECKS") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 857286, who furnished work and/or materials on the PROJECT. 25. Defendant AMERICAN has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number SC1039338 in the amount of $25,000.00 on the California State Contractor's License of Defendant OC DECKS, License Number 857286, and as such, assumed the liability of OC DECKS to the extent of the penal sum of the bond. 26. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant CALIFORNIA CUSTOM LIFT, INC. -6- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 ("CUSTOM LIFT") was a California Corporation doing business in the County of Orange, California, under California Contractors State License Board License No. 417741, who furnished work and/or materials on the PROJECT. 27. Defendant THE OHIO CASUALTY INSURANCE COMPANY ("OHIO CASUALTY") has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 661161C in the amount of $15,000.00 on the California State Contractor's License of Defendant CUSTOM LIFT, License Number 417741, and as such, assumed the liability of CUSTOM LIFT to the extent of the penal sum of the bond. 28. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant SO CAL ROLLING SHUTTER, LLC ("ROLLING SHUTTER") was a California Limited Liability Company doing business in the County of Orange, California, under California Contractors State License Board License No. 9900221, who furnished work and/or materials on the :PROJECT. 29. Defendant SURETEC INSURANCE COMPANY ("SURETEC") has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 143600 in the amount of $25,000.00 on the California State Contractor's License of Defendant ROLLING SHUTTER, License Number 9900221, and as such, assumed the liability of ROLLING SHUTTER to the extent of the penal sum of the bond. 30. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant ANDREW SMITH ("SMITH") was an individual who furnished insulation work and/or materials on the PROJECT. 31. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant :DOE 1 ("DOE I") was an unknown business entity doing business in the County of Orange, California, who furnished HVAC work and/or materials on the PROJECT by and through an individual named "Moe." 32. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 2 ("DOE 2") was an unknown business -7- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 entity doing business in the County of Orange, California, who furnished stucco and/or lath work and/or materials on the PROJECT. 33. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 3 ("DOE 3") was an unknown business entity doing business in the County of Orange, California, who furnished concrete work and/or materials on the PROJECT. 34. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 4 ("DOE 4") was an unknown business entity doing business in the County of Orange, California, who furnished bathroom the work and/or materials on the PROJECT. 35. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 5 ("DOE 5") was an unknown business entity doing business in the County of Orange, California, who furnished flooring the work and/or materials on the PROJECT. 36. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant DOE 6 ("DOE 6") was an unknown business entity doing business in the County of Orange, California, who furnished countertop work and/or materials on the PROJECT. 37. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times relevant, Defendant :DOE 7 ("DOE 7") was an unknown business entity doing business in the County of Orange, California, who furnished outside tiling work and/or materials on the PROJECT. 38. Plaintiffs are informed, believe, and based on such information and belief allege, that Defendants DOES 51 through 100 are surety companies who have underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number on the California State Contractor's License of Defendant DOES 1 through 25 and as such, assumed the liability of DOES 1 through 50 to the extent of the penal sum of the bond. -8- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 39. The true names and capacities, whether individual, corporate, associate, representative, or otherwise of DOES 1 through 100, inclusive, are presently unknown to this Plaintiff, who therefore sues said Defendant by such fictions names, and Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff will seek leave of Court to amend this Complaint to insert the true names and capacities when they are I ascertained. 40. Plaintiffs are informed, believe, and based on such information and belief allege, that at all times pled in this Complaint, Defendants and their agents and/or employees, and in doing the things alleged herein, Defendants were acting within the course and scope of their agency and/or employment. 41. Plaintiffs are informed, believe, and based on such information and belief allege, that each of the Defendants, NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFFT, ROLLING SHUTTER, SMITH and DOES 1 through 50 are legally responsible in some manner for the events and happenings herein referred to, and caused damage proximately thereby to the Plaintiff as alleged herein. 42. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50 were contractors, sub -contractors, suppliers, architects, designers, engineers, surveyors, construction managers and other professional service providers for the PROJECT which is the subject of Plaintiffs' Complaint. 43. Plaintiffs are informed, believe, and based on such information and belief allege, that from the inception of the PROJECT's construction, through the present date, Defendants maintained control and supervisory duties of all persons, entities, subcontractors or any other devise of installation. 44. Plaintiffs are informed, believe, and based on such information and belief allege, that from the start date of the PROJECT through the present date, Defendants -9- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 made inspections, investigations, concealed by temporary repairs, and did not reveal, disclose, or inform Plaintiffs of various building deficiencies and defective conditions of the PROJECT that were observed and/or discovered during inspections, investigations, and temporary repairs conducted by the Defendants and did not disclose budgetary deficiencies in the SONG budget and/or contract, and Plaintiffs reasonably relied on the implied and express representations by Defendants that the PROJECT was adequately reserved and free from building standard deficiencies, defective conditions, construction or design defects, premature and unreasonable deterioration of the improvements at the PROJECT and was constructed in accordance with applicable building standard. 45. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES I through 50 willfully departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code § 7109. 46. Plaintiffs are informed, believe, and based on such information and belief allege that each of the violations of residential building standards for the original construction alleged herein were timely alleged in compliance with the limitation periods prescribed in Civil Code §896 and 897. 47. During the construction of the PROJECT, Defendants promised, agreed to, and did make some repairs to the PROJECT, but failed to provide Plaintiffs with accurate and complete information about the repairs, assuring Plaintiffs that any and all building standard violations were incidental anomalies and not systematic and widespread, and concealing, either intentionally or negligently, the true conditions. In so doing, Plaintiffs reasonably relied on said promises, agreements and repairs and thereby deferred the filing of this action. 48. Pursuant to Civil Code § 896 and 897, SONG brings this action individually and on his own behalf for the damage to the PROJECT. Pursuant to said action, SONG -10- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 has standing to institute the instant action for the damages alleged herein in his own name as the real party in interest. 49. Plaintiffs are informed, believe, and based on such information and belief allege that :Plaintiffs have sustained and suffered consequential damages resulting from Defendants' acts and/or omissions, including, without limitation, loss of private property, improperly installed finishes, potential physical injury, unsatisfactory workmanship, code violations and fraud. Plaintiffs have or will incur expenses in connection with the repair and remediation of such defects and damages. 50. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE and/or NADER are a :BUILDER Defendant within the meaning of Civil Code §911(a) as NATIONWIDE and/or NADER was a builder, developer, general contractor, contractor, or original seller who at the time of sale was also in the business of remodeling or constructing residential units. As a result, NATIONWIDE and/or NADER is liable to SONG for violation of the building standards of residential construction enumerated in Civil Code §§896 and 897, et seq. 51. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE (1) may not have had the RMO or RME in direct supervision of work as defined by Business and Professional codes § § 7065-7077; (2) may not have been duly licensed as defined by Business and Professional codes §§ 7025-7034; and (3) may not have fulfilled the requirement of Business and Professional Code §7159. -11- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST CAUSE OF ACTION VIOLATIONS OF THE RESIDENTIAL BUILDING STANDARDS CIVIL CODE §§ 896 AND 897 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, A:RCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 52. Plaintiffs incorporate and re -alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 51 of this Complaint. 53. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH provided services to the PROJECT as builder, general contractor, subcontractor, designer, consultant, and/or material suppliers, improved, supplied materials for, constructed, and/or remodeled the PROJECT. 54. The PROJECT was constructed in violation of the residential building standards set for in Civil Code §§ 896 and 897, including but not limited to the violations identified in "Exhibit A" to this complaint and incorporated herein by reference (the "building Standard Violations"). Plaintiffs' investigation is continuing, and additional Building Standard Violations may be discovered as this action proceeds. 55. The Building Standard Violations existed at the time that Defendants demanded payment for said work performed in violation of Civil Code §§ 896 and 897. 56. As a direct and proximate result of the Building Standard Violations, Plaintiffs have sustained and will continue to sustain damages, for the value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet requisite standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation -12- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 and storage expense, lost business income if the home was used as a principal place of business licensed to be operated from the home, reasonable investigative costs for each established violation and all other costs or fees recoverable by contract or statue, all as set forth in Civil Code § 944. Such damages far exceed the minimum jurisdictional amount of the Court according to the proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below prayer. SECOND CAUSE OF ACTION NEGLIGENCE (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 57. Plaintiffs incorporate and re -alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 56 of this Complaint. 58. NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH negligently planned, designed, improved, constructed, inspected, installed, repaired, investigated and/or replaced the PROJECT'S structural, electrical, mechanical elements, including, but not limited to, those identified in Exhibit "A" to this complaint and incorporated herein by reference, and other elements of the PROJECT presently unknown (hereinafter referred to collectively as "Project Defects"). NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL :P:RIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFFT, ROLLING SHUTTER, and SMITH departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code § 7109; failed to use adequate materials, products, goods, devices and procedures, design plans or specifications, resulting in these elements of the PROJECT not functioning or performing properly; being defective so as -13- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 to create unsafe and unhealthy conditions; and having caused consequential damages to the building, improvements, personal property at the PROJECT, and loss of use of property. 59. NATIONWIDE and/or NADER as BUILDER, failed to supervise the work of those under their control, failed to ensure that reported and known defects were repaired, failed to maintain proper permits or license, and failed to notify SONG of the Project defects. 60. Specifically, NATIONWIDE and/or NADER BUILDER (1) failed to properly inspect, repair and maintain the elements of the PROJECT; (2) negligently advised Plaintiffs that the PROJECT was in a condition suitable for acceptance and habitation, free from defects and/or that all Project Defects had been repaired or did not require repair; (3) performed inspections and repairs using methods and materials which were and are below applicable industry standards; and (4) negligently failed to adequately investigate Project Defects, and advise Plaintiffs of any repairs or investigations undertaken. 61. NATIONWIDE and/or NADER as BUILDER, failed to complete the PROJECT in a timely fashion. 62. NATIONWIDE and/or NADER as BUILDER failed to properly construct, improve, repair, supervise and inspect construction on the Project, so as to eliminate or mitigate the damages alleged herein. 63. NATIONWIDE and/or NADER BUILDER, so negligently planned and designed the building elements of the PROJECT that the details, plans, and specifications provided, and inspections performed, were insufficient, and the actions of said BUILDER fell below the standard of care, failed to warn of potential defects, and failed to observe and report :PROJECT defects to the Plaintiffs. 64. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE and/or NADER violated Business and Professionals Code -14- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 §7109 in that they willfully departed in a material respect from accepted trade standards for good and workmanlike construction. 65. As a direct and proximate result of said defects in the PROJECT, Plaintiffs have been damaged and will continue to be damaged by the expenditure of certain monies for repair and/or replacement of the :Project Defects, as well as damages to other property caused as a result of the defects alleged herein, all in excess of the minimum jurisdictional amount of the Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. THIRD CAUSE OF ACTION BREACH OF IMPLIED WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 66. Plaintiffs incorporate and re -alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 65 of this Complaint. 67. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, :ROLLING SHUTTER, and SMITH impliedly warranted that the PROJECT would be free from defects and fit for ordinary residential use, and that the complete structure was designed and constructed in a reasonably workman like manner. 68. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHA:RLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, and SMITH had a part in designing, building, financing, supplying, distributing products and goods used in or for the construction of the PROJECT and that -15- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 they were in a better position than Plaintiffs, to know of defects in the construction of the PROJECT and/or defects in materials, products, and goods for the PROJECT; that Plaintiffs relied on the skill and judgment of said Defendants, and each of them, to select and provide products, materials and goods and to perform work suitable to improve and construct the PROJECT free from defects and fit for reasonable residential use, and the implied warranty that the improvements at the complete structure were designed and constructed in a reasonably workmanlike manner. 69. After Plaintiffs discovered said injuries to the PROJECT and/or defects, as hereinbefore described, notice was given to Defendants, orally and/or in writing of the breach of said implied warranties. As a direct and proximate result of the breach of said warranties, Plaintiffs have been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said project defects. Plaintiffs are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. FOURTH CAUSE OF ACTION BREACH OF EXPRESS WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 70. Plaintiffs incorporate and re -allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 69 of this Complaint. 71. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING -16- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHUTTER, and SMITH expressly warranted that the PROJECT would be free from defects and fit for ordinary residential use, and that the complete structure was designed and constructed in a reasonably workman like manner. 72. Plaintiffs are informed, believe, and based on such information and belief allege that NATIONWIDE, NADER, CHA:RLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, :ROLLING SHUTTER, and SMITH had a part in designing, building, financing, supplying, distributing products and goods used in or for the construction of the PROJECT and that they were in a better position than Plaintiffs to know of defects in the construction of the PROJECT and/or defects in materials, products, and goods for the PROJECT; that Plaintiffs relied on the skill and judgment of said Defendants, and each of them, to select and provide products, materials and goods and to perform work suitable to improve and construct the PROJECT free from defects and fit for reasonable residential use, and the express warranty that the improvements at the complete structure were designed and constructed in a reasonably workmanlike manner. 73. After Plaintiffs discovered said injuries to the PROJECT and/or defects, as hereinbefore described, notice was given to Defendants, orally and/or in writing of the breach of said express warranties. As a direct and proximate result of the breach of said warranties, Plaintiffs have been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said project defects. Plaintiffs are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. -17- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 FIFTH CAUSE OF ACTION BREACH OF CONTRACT (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 74. SONG incorporates and re -alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 73 of this Complaint. 75. SONG and NATIONWIDE and/or NADER entered into a contract for New Construction on or about August 15, 2020 whereby NATIONWIDE and/or NADER was to perform all necessary work to build a new home located at 202 2nd St., Huntington Beach, CA ("AGREEMENT") in exchange for $1,050,300.00. The AGREEMENT is attached hereto as Exhibit "B" to this complaint and incorporated herein by reference. 76. SONG did all, or substantially all, of the significant things the AGREEMENT required him to do by providing payment to NATIONWIDE and/or NADER for the construction. 77. NATIONWIDE and/or NADER breached the AGREEMENT by failing to complete the agreed upon work, and providing work that is incomplete, defective, and constructed in an unworkmanlike manner. 78. After SONG discovered said breaches of contract, as hereinbefore described, notice was given to NATIONWIDE and/or NADER, orally and/or in writing of the breach of said AGREEMENT. 79. SONG is informed, believes, and thereon alleges, that NADER is the alter ego of NATIONWIDE such that he is liable for SONG's damages. 80. As a direct and proximate result of the breach of said contract, SONG has been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said contract breach. SONG is informed and believes and thereon alleges that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 Prayer. WHEREFORE, SONG prays for judgment as hereinafter set forth in the below SIXTH CAUSE OF ACTION INTENTIONAL MISREPRESENTATION - FRAUD (By SONG and DOAN) (Against NATIONWIDE, NADER, and DOES 8 through 50) 81. SONG and DOAN incorporate and re -allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 80 of this Complaint. 82. NADER represented to SONG and DOAN, both individually and as the owner of NATIONWIDE, that Defendants possessed the requisite skill and craftsmanship to perform the work outlined in the AGREEMENT and that Defendants would complete the work on time and for the contract price in order to fraudulently induce SONG into a construction contract with NATIONWIDE and/or NADER for the property he owned with DOAN. 83. Defendants' representations were false as Defendants did not possess the requisite skill and craftsmanship to perform the work outlined in the AGREEMENT and did not complete the contract despite collecting money from SONG and DOAN. 84. Defendants knew the representations were false when made. 85. SONG and DOAN are informed, believe and thereon allege that Defendants intended SONG and DOAN rely on these representations and SONG and DOAN did in fact reasonably rely on false or fraudulent representations or false statements Defendants knowingly made. 86. After SONG and DOAN discovered said misrepresentation/fraud, as hereinbefore described, notice was given to Defendants, orally and/or in writing of the misrepresentation/fraud. In reliance of the above and as direct and proximate result of the misrepresentation/fraud, SONG and DOAN have been damaged, and will be damaged, by the expenditure of certain monies for repair, installation and/or replacement of the Project Defects and for damage caused by or as a result of said fraud. SONG and -19- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 10 11 o 0 12 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 DOAN are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. WHEREFORE, SONG and DOAN pray for judgment as hereinafter set forth in the below :Prayer. SEVENTH CAUSE OF ACTION CONVERSION (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 87. Plaintiffs incorporate and re -allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 86 of this Complaint. 88. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER wrongfully exercised control over their personal property by failing to account for $100,000.00 paid by Plaintiffs in cash that was to be applied to SONG's contract. 89. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER intentionally and substantially interfered with Plaintiff's property by preventing Plaintiffs from having access to it and failing to account for it. 90. Plaintiffs are informed, believe and thereon allege that they did not consent to this intentional and substantial interference. 91. Plaintiffs are informed, believe and thereon allege that they were harmed by the loss of their personal property. 92. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER's conduct was a substantial factor in causing their harm. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. -20- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EIGHTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7164 (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 93. SONG incorporates and re -alleges, as though fully set forth in this cause of action, the preceding paragraphs 1 through 92 of this Complaint. 94. SONG is informed, believes and thereon alleges that the AGREEMENT is a "contract between owner and contractor for construction of single-family home" as described by §71.64(a) and therefore must contain the general and special requirements outlined in §7164 (b). 95. The AGREEMENT failed to contain the approximate dates when the work will begin and be substantially completed in accordance with §7164(b)(2). 96. The AGREEMENT failed to contain a legal description of the location where the work will be done in accordance with §7164(b)(3). 97. The AGREEMENT failed to contain a statement with the heading "Mechanics Lien Warning" with the language required by §7164(b)(4). 98. The AGREEMENT failed to contain a statement prepared by the board through regulation that emphasizes the value of commercial general liability insurance and encourages the owner to verify the contractor's insurance coverage and status and a check box indicating whether or not the contractor carries commercial general liability insurance in accordance with §7164(b)(5). 99. The AGREEMENT failed to contain a notice stating that the owner has the right to require the contractor to have a performance and payment bond in close proximity to the signatures of the owner and contractor in accordance with §7164(d). 100. As a direct and proximate result of the code violation, SONG has been damaged, and will be damaged, by the expenditure of certain monies caused by or as a result of said violation. SONG is informed and believes and thereon alleges that such -21- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 costs far exceed the minimum jurisdictional amount of this Court, according to proof at I the time of trial. Prayer. WHEREFORE, SONG prays for judgment as hereinafter set forth in the below NINTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7031. (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 101. Plaintiffs incorporate and re -allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 100 of this Complaint. 102. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have not been duly licensed as required by the code. 103. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have not been duly bonded as required by the code. 104. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have not carried proper workman's compensation insurance as required by the code. 105. Plaintiffs are informed, believe and thereon allege that NATIONWIDE and/or NADER may have violated the code in another manner not yet ascertained. Plaintiffs reserve the right to amend this complaint after further discovery is made. 106. As a direct and proximate result of the code violation, Plaintiffs have been damaged, and will be damaged, by the expenditure of certain monies caused by or as a result of said violation. Plaintiffs are informed and believe and thereon allege that such costs far exceed the minimum jurisdictional amount of this Court, according to proof at the time of trial. Prayer. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below -22- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TENTH CAUSE OF ACTION ACTION ON SURETY BOND BUSINESS AND PROFESSIONS CODE § 7071.5 (By SONG, DOAN, and SONG DOAN TRUST) (Against HUDSON, NAVIGATORS, BUSINESS ALLIANCE, AMERICAN, OHIO, SURETEC and DOES 51 through 100) 107. Plaintiffs incorporate and re -allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 106 of this Complaint. 108. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 30026732 in the amount of $15,000.00 on the California State Contractor's License of Defendant NATIONWIDE and/or NNADER, License Number 1031246, and as such, assumed the liability of NATIONWIDE and/or NADER to the extent of the penal sum of the bond. 109. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 30006906 in the amount of $15,000.00 on the California State Contractor's License of Defendant SPECIALIZED, License Number 1005885, and as such, assumed the liability of SPECIALIZED to the extent of the penal sum of the bond. 110. Defendant HUDSON has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 30050713 in the amount of $15,000.00 on the California State Contractor's License of Defendant WEILER, License Number 586459, and as such, assumed the liability of WEILER to the extent of the penal sum of the bond. 111. Defendant NAVIGATORS has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number NAV00020338 in the amount of $15,000.00 on the California State Contractor's License of Defendant TBS, License Number 1012469, and as such, assumed the liability of TBS to the extent of the penal sum of the bond. - 23 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 112. Defendant NAVIGATORS has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number NAV00015704 in the amount of $15,000.00 on the California State Contractor's License of Defendant RG, License Number 975675, and as such, assumed the liability of RG to the extent of the penal sum I of the bond. 113. Defendant BUSINESS ALLIANCE has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number GI 10413096471 in the amount of $15,000.00 on the California State Contractor's License of Defendant CAL PRIME, License Number 1075613, and as such, assumed the liability of CAL PRIME to the extent of the penal sum of the bond. 114. Defendant BUSINESS ALLIANCE has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number G100513078379 in the amount of $15,000.00 on the California State Contractor's License of Defendant REGAL, License Number 1000371, and as such, assumed the liability of REGAL to the extent of the penal sum of the bond. 115. Defendant AMERICAN has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 100531324the amount of $15,000.00 on the California State Contractor's License of Defendant CAL ARCS, License Number 977091, and as such, assumed the liability of A:RCE to the extent of the penal sum of the 116. Defendant AMERICAN has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number SC 1039338 in the amount of $25,000.00 on the California State Contractor's License of Defendant OC DECKS, License Number 857286, and as such, assumed the liability of OC DECKS to the extent of the penal sum of the bond. 117. Defendant OHIO has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 661161C in the amount of $15,000.00 on the California State Contractor's License of Defendant CUSTOM LIFT, License Number -24- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 417741, and as such, assumed the liability of CUSTOM LI.FT to the extent of the penal I sum of the bond. 118. Defendant SURETEC has underwritten and provided in their capacity as a Surety, a Contractor's License Bond Number 143600 in the amount of $25,000.00 on the California State Contractor's License of Defendant ROLLING SHUTTER, License Number 9900221, and as such, assumed the liability of ROLLING SHUTTER to the extent of the penal sum of the bond. 119. Plaintiffs have been damaged as a result of Defendants' violations of the Business and Professions Code § 7000 et seq., California State Contractor's License Law, in the contracting for new construction and as such, hereby claims right to the bonds underwritten or provided as set forth above in the amount of $15,000.00. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. ELEVENTH CAUSE OF ACTION ACTION TO EXPUNGE MECHANIC'S LIEN CIVIL CODE § 31.1.8 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 1 through 50) 120. Plaintiffs incorporate and re -allege, as though fully set forth in this cause of action, the preceding paragraphs 1 through 119 of this Complaint. 121. Defendants NATIONWIDE and/or NADER have caused a Mechanic's Lien to be recorded on Plaintiffs' real property located at 204 2nd St., Huntington Beach, CA in the amount of $359,282.96 together with interest at the rate of 10% per annum from April 1, 2023. 122. Defendants have claimed an amount owed to them that is larger than any sum actually owed to them. The actual amount owed to Defendants is $0.00. 123. As a result, Defendants have forfeited any right to a lien on Plaintiffs' property. - 25 - FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 124. WHEREFORE, Plaintiffs pray for judgment as hereinafter set forth in the below Prayer. 2TINW WHEREFORE, Plaintiffs pray for judgment against DEFENDANTS, as follows: FIRST CAUSE OF ACTION VIOLATIONS OF THE RESIDENTIAL BUILDING STANDARDS CIVIL CODE §§ 896 AND 897 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHA:RLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCS, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES I through 50) 1. For damages in an amount to be determined and according to proof at the trial of this action; 2. For interest thereon, at the maximum legal rate; 3. For prejudgment interest on all sums awarded, at the maximum legal rate; 4. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 5. For the reasonable cost of repairing any damages caused by the repair efforts; 6. For the reasonable cost of removing and replacing any improper repair by the builder; 7. Attorney fees in an amount the court determines to be reasonable; 8. For reasonable relocation and storage expenses; 9. For loss of income; 10. For reasonable investigative costs for each established violations; 11. For costs of suit incurred herein; -26- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 Me 7 8 9 10 11 o 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. For consequential damages according to proof at the time of trial and as provided by law; 13. For expert fees and costs; 14. For loss of use of the property; and 15. For such and further relief as the Court deems just and proper. SECOND CAUSE OF ACTION NEGLIGENCE (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, ARCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LIFT, ROLLING SHUTTER, SMITH and DOES I through 50) 16. For damages in an amount to be determined and according to proof at the trial of this action; 17. For interest thereon, at the maximum legal rate; 18. For prejudgment interest on all sums awarded, at the maximum legal rate; 19. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 20. For the reasonable cost of repairing any damages caused by the repair efforts; 21. For the reasonable cost of removing and replacing any improper repair by the builder; 22. Attorney fees in an amount the court determines to be reasonable; 23. For reasonable relocation and storage expenses; 24. For loss of income; 25. For reasonable investigative costs for each established violations; 26. For costs of suit incurred herein; -27- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 27. For consequential damages according to proof at the time of trial and as provided by law; 28. For expert fees and costs; 29. For loss of use of the property; and 30. For such and further relief as the Court deems just and proper. THIRD CAUSE OF ACTION BREACH OF IMPLIED WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, A:RCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LI.FT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 31. For damages in an amount to be determined and according to proof at the trial of this action; 32. For interest thereon, at the maximum legal rate; 33. For prejudgment interest on all sums awarded, at the maximum legal rate; 34. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 35. For the reasonable cost of repairing any damages caused by the repair efforts; 36. For the reasonable cost of removing and replacing any improper repair by the builder; 37. Attorney fees in an amount the court determines to be reasonable; 38. For reasonable relocation and storage expenses; 39. For loss of income; 40. For reasonable investigative costs for each established violations; 41. For costs of suit incurred herein; -28- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 42. For consequential damages according to proof at the time of trial and as provided by law; 43. For expert fees and costs; 44. For loss of use of the property; and 45. For such and further relief as the Court deems just and proper. FOURTH CAUSE OF ACTION BREACH OF EXPRESS WARRANTY (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, CHARLIE, MD, SPECIALIZED, TBS CAL PRIME, A:RCE, REGAL, RG, WEILER, OC DECKS, CUSTOM LI.FT, ROLLING SHUTTER, SMITH and DOES 1 through 50) 46. For damages in an amount to be determined and according to proof at the trial of this action; 47. For interest thereon, at the maximum legal rate; 48. For prejudgment interest on all sums awarded, at the maximum legal rate; 49. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 50. For the reasonable cost of repairing any damages caused by the repair efforts; 51. For the reasonable cost of removing and replacing any improper repair by the builder; 52. Attorney fees in an amount the court determines to be reasonable; 53. For reasonable relocation and storage expenses; 54. For loss of income; 55. For reasonable investigative costs for each established violations; 56. For costs of suit incurred herein; -29- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 57. For consequential damages according to proof at the time of trial and as provided by law; 58. For expert fees and costs; 59. For loss of use of the property; and 60. For such and further relief as the Court deems just and proper. FIFTH CAUSE OF ACTION BREACH OF CONTRACT (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 61. For damages in an amount to be determined and according to proof at the trial of this action; 62. For interest thereon, at the maximum legal rate; 63. For prejudgment interest on all sums awarded, at the maximum legal rate; 64. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 65. For the reasonable cost of repairing any damages caused by the repair efforts; 66. For the reasonable cost of removing and replacing any improper repair by the builder; 67. Attorney fees in an amount the court determines to be reasonable; 68. For reasonable relocation and storage expenses; 69. For loss of income; 70. For reasonable investigative costs for each established violations; 71. For costs of suit incurred herein; 72. For consequential damages according to proof at the time of trial and as provided by law; 73. For expert fees and costs; -30- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 74. For loss of use of the property; and 75. For such and further relief as the Court deems just and proper. SIXTH CAUSE OF ACTION INTENTIONAL MISREPRESENTATION - FRAUD (By SONG and DOAN) (Against NATIONWIDE, NADER, and DOES 8 through 50) 76. For damages in an amount to be determined and according to proof at the trial of this action; 77. For interest thereon, at the maximum legal rate; 78. For prejudgment interest on all sums awarded, at the maximum legal rate; 79. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 80. For the reasonable cost of repairing any damages caused by the repair efforts; 81. For the reasonable cost of removing and replacing any improper repair by the builder; 82. Attorney fees per Business and Professionals Code §7160 in an amount the court determines to be reasonable; 83. $500 Penalty per Business and Professionals Code §7160. 84. For reasonable relocation and storage expenses; 85. For loss of income; 86. For reasonable investigative costs for each established violations; 87. For costs of suit incurred herein; 88. For consequential damages according to proof at the time of trial and as provided by law; 89. For expert fees and costs; 90. For putative damages; -31- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 91. For loss of use of the property; and 92. For such and further relief as the Court deems just and proper. SEVENTH CAUSE OF ACTION CONVERSION (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 93. For damages in an amount to be determined and according to proof at the trial of this action; 94. For interest thereon, at the maximum legal rate; 95. For prejudgment interest on all sums awarded, at the maximum legal rate; 96. Attorney fees in an amount the court determines to be reasonable; 97. For reasonable investigative costs for each established violations; 98. For costs of suit incurred herein; 99. For consequential damages according to proof at the time of trial and as provided by law; 100. For expert fees and costs; 101. For loss of use of the property; and 102. For such and further relief as the Court deems just and proper. EIGHTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7164 (By SONG) (Against NATIONWIDE, NADER, and DOES 8 through 50) 103. For damages in an amount to be determined and according to proof at the trial of this action; rate; 104. For interest thereon, at the maximum legal rate; 105. For prejudgment interest on all sums awarded, at the maximum legal -32- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 106. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; 107. For the reasonable cost of repairing any damages caused by the repair efforts; 108. For the reasonable cost of removing and replacing any improper repair by the builder; 109. Attorney fees in an amount the court determines to be reasonable; 110. For reasonable relocation and storage expenses; 111. For loss of income; 11.2. For reasonable investigative costs for each established violations; 113. For costs of suit incurred herein; 114. For consequential damages according to proof at the time of trial and as provided by law; 115. For expert fees and costs; 11.6. For loss of use of the property; and 117. For such and further relief as the Court deems just and proper. NINTH CAUSE OF ACTION VIOLATION OF BUSINESS & PROFESSIONS CODE §7031 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 8 through 50) 118. For damages in an amount to be determined and according to proof at the trial of this action; 119. For interest thereon, at the maximum legal rate; 120. For prejudgment interest on all sums awarded, at the maximum legal rate; 121. For damages for the reasonable value of repairing any violation of the standards set for in Civil Code §944; -33- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 122. For the reasonable cost of repairing any damages caused by the repair efforts; 123. For the reasonable cost of removing and replacing any improper repair by the builder; 124. Attorney fees in an amount the court determines to be reasonable; 125. For reasonable relocation and storage expenses; 126. For loss of income; 127. For reasonable investigative costs for each established violations; 128. For costs of suit incurred herein; 129. For consequential damages according to proof at the time of trial and as provided by law; 130. For expert fees and costs; 131. For loss of use of the property; and 132. For such and further relief as the Court deems just and proper. TENTH CAUSE OF ACTION ACTION ON SURETY BOND BUSINESS AND PROFESSIONS CODE § 7071.5 (By SONG, DOAN, and SONG DOAN TRUST) (Against HUDSON, NAVIGATORS, BUSINESS ALLIANCE, AMERICAN, OHIO, SURETEC and DOES 51 through 100) 133. For damages in the amount of the penal sum of the bond in the amount of $15,000.00; and 134. For such and further relief as the Court deems just and proper. ELEVENTH CAUSE OF ACTION ACTION TO EXPUNGE MECHANIC'S LIEN CIVIL CODE § 31.1.8 (By SONG, DOAN, and SONG DOAN TRUST) (Against NATIONWIDE, NADER, and DOES 1 through 50) 135. For an order expunging the mechanic's lien; 136. Attorney fees in an amount the court determines to be reasonable; -34- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 M 7 8 9 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 137. For costs of suit incurred herein; and 138. For such and further relief as the Court deems just and proper. Dated: August 22, 2023 ENGELS LAW Christoph r Engels, E q. Attorneys for Alex Song and Traci Doan, individually and as Trustees of The Song Doan Nevada Trust -35- FIRST AMENDED COMPLAINT FOR DAMAGES 2 0 31 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A PRELIMINARY LIST OF VIOLATIONS OF CONSTRUCTION STANDARDS ACTIONABLE VIOLATIONS UNDER CALIFORNIA CIVIL CODE §896-§897 Cal Civ Code §896 (a) With respect to water issues: (1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. (2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, "systems" include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, "systems" include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, "systems" include, without limitation, framing, substrate, and sheathing, if any. (5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, "systems" include, without limitation, framing, substrate, flashing, and sheathing, if any. (6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, "systems" include, without limitation, framing, substrate, flashing, and sheathing, if any. (9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. (10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, "systems" include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, "systems" include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (18) The waterproofing system behind or under ceramic the and the countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic the systems shall be designed and installed so as to deflect intended water to the waterproofing system. (d) With respect to fire protection issues: (1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection -36- FIRST AMENDED COMPLAINT FOR DAMAGES 2 3 4 5 6 7 8 9 10 11 0 12 13 � � N 14 15 �W z z 16 oa �W 17 a w 18 19 20 21 22 23 24 25 26 27 28 of the occupants in effect at the time of the original construction. (g) With respect to issues regarding other areas of construction: (1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. (2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. (3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products' useful life, if any. (B) For purposes of this paragraph, "useful life" means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product's utility. (C) For purposes of this paragraph, "manufactured product" means a product that is completely manufactured offsite. (D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product's useful life. (E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. (13) Ceramic the and tile backing shall be installed in such a manner that the the does not detach. (15) Structures shall be constructed in such a manner so as not to impair the occupants' safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. Cal Civ Code §897 The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage. -37- FIRST AMENDED COMPLAINT FOR DAMAGES 1 2 3 4 5 6 7 8 9 10 11 o 0 12 /� 13 3 � � N 14 a 15 w o z a 16 W �W 17 W 18 19 20 21 22 23 24 25 26 27 28 Exhibit B -38- FIRST AMENDED COMPLAINT FOR DAMAGES Nationwide Contracting Services, Inc Nationwide General Construction Services 10725 Ellis Ave, Suite L Fountain '"alley CA 92708. Tel- 62) 607-8886 Fax, (562) 381-8315 PROPOSAL Alex Song Huntington Beach, + •¢ Construction Services Proposes to tirubb all necessary equipmeats� Sfin Huntingtonbeachd i f r 1 Grading $21,600-00 Concrete Footing and slab $48,000.00 Methane Barrier ,.0 4 Fire Sprinkler$9,600-00 6 Electrical $48,000.00- Lori Voltage$9,600-00 Plumbing $48,000.00 Plumbing Fixtures $14,400.00 10 HVAC $42,00U0 11 Elevator $30,000.00 17 Drywall $42,000.00 13 Paint $30,000.00 14 Stucco $48,000.00 15 Windows and folding doors 1 folding door at Ist Floor) 66, O1 . 0 16 moors Interiors $24,00U0 17 Cove Base $6,600X0 18 Main Door $6,000,00 19 Garage Doors $8,400.00 20 Kitchen Cabinets 0,000.0 1 tit an countertop $9,60U0 77 Bathroom cabinets (vanities) $8,400X0; r 23 Closets $12,000.00 24 Roofing $12,000.00 25 Bathroom Tiles $30,000.00 26 First Floor Flooring tiling $18,000.00 27 Second and third floor flooring $24,000.00 28 Hardwood Stairs $7,200.00 29 Glass and metals at stairs $9,000.00 30 Shower Glass $6,300.00 31 Exterior Wood Siding $18,000.00 32 Site work $36,000.00 33 landscaping $7,200.00 34 Decking` $36,000.00 35 Glass Railing $32,400.00 36 Metal Gates $6,000.00 37 Clean up $10,800.00 38 Temp fence, power and toilets $9,600.00 39 Superintendent $36,000.00 #REF! TOTAL COST $1,050,300.00 Exclusion: Permit fees, School Fees, Inspection fees, any demo or abatement of any kind, any kitchen appliances. This proposal also does NOT include any additional items shown in the fire department plans or Public Works (Grading and Civil work). Total Proposal $11,030,300 (One Million Fifty Thousand and Three Hundred Dollar) Options Add-Ons: 1- Insulation $101000 2- Kitchen Appliances $27,000 3- Bathroom Mirrors $3,000 4- Exterior Lights $20000 Payment Schedule: a) Retainer of $100,000 is due upon signing the contract b) Monthly Progress Payment of 90% for each item described above. Proposal is valid for 30 days N truction Services Alex Song Date 08/15/2020 Date T - t SS` 20,2,0 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 555 Anton Blvd. Suite 150 Costa Mesa, California. I served the within document(s) described as: FIRST AMENDED COMPLAINT FOR DAMAGES; and FIRST AMENDED SUMMONS WITH ATTACHMENT FOR ADDITIONAL PARTIES on the interested parties in this action as stated on the attached mailing list. [] (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. I am readily familiar with this Firm's practices for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Ladera Ranch, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ] (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by overnight service, an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive documents, a true copy of the foregoing document(s) in a sealed envelope or package designated by the express service carrier, addressed as set forth on the attached mailing list, with fees for overnight delivery paid or provided for. x] (BY FACSIMILE OR EMAIL) Based upon an agreement of the parties to accept service by facsimile transmission or email, I caused the foregoing document(s) to be transmitted to a facsimile machine telephone number or email address as last given by counsel or parry in pro per as set forth on the attached mailing list. ] (BY PERSONAL DELIVERY) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list and causing such envelope(s) to be delivered to the office of the addressee(s). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 22, 2023, at Costa Mesa, California. Leilani Kaihewalu -I- PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST CASE NO. 30-2023-01326343 Christopher Morrow Attorneys for Elie Nader and Teresa L. Polk Nationwide Contracting Services Inc., SMTD LAW LLP dba Nationwide General Construction 17901 Von Karman Avenue, Suite 500 Services Irvine, California 92614 T: (949) 537-3800 E: cm),smtdIaw.com; tpolkgsmtdlaw.com m PROOF OF SERVICE I 1 2 3 4 5 6 7. F-3 9 10 11 12 I. 20 21 221 23 24 25 261 27 28 • SCANNED RAQUEL CRUZ, State Bar No. 256399 THE LAW OFFICES OF LARRY H. PARKER, INC. 350 San Antonio Drive Long Beach, California 90807-0948 (562) 427-2044 Fax (562) 490-9855 Attorneys for Plaintiff Rufina Loeras [SPACE BELOW FOR COURT USE ONLY) FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO CIVIL DIVISION OCT 0 2 2014 -,�,DEPUTY . L SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO RUFINA LOERAS; Plaintiff, SATIEL HERNANDEZ PEREZ; KASA CONSTRUCTION INC.; and DOES 1 through 100, Inclusive, Defendants. Plaintiff Rufina Loeras alleges: CASE NO. f'1V �I'tlqyro COMPLAINT FOR PERSONAL INJURIES 1. At all times herein mentioned, plaintiff Rufina Loeras was and is a competent adult residing in the City of Fontana, County of San Bernardino, California. 2. At all times herein mentioned, defendant Satiel Hernandez Perez was and is a natural person residing in the City of San Bernardino, County of San Bernardino, California. 111 Ill 111 COMPLAINT FOR PERSONAL INJURIES 1 3. Plaintiff Rufina Loeras is unsure of the legal capacities of 2 defendant Kasa Contruction Inc., whether corporate, dba, partnership, joint venture or 3 otherwise, and will seek leave to amend this complaint at such time as same is 4 discovered or will disclose same through discovery. 5 4. The true names and capacities of the defendants sued herein as 6 Does 1 through 100, inclusive, are unknown to plaintiff who therefore sues said 7 defendants by such fictitious names. Plaintiff Rufina Loeras is informed and believes 8 and thereon alleges that each of the defendants herein designated as a Doe is legally 9 responsible in some manner for the events and happenings herein referred to and 10 caused injury and damages to plaintiff as herein alleged. 11 5. At all times alleged herein each defendant was the agent and 12 employee of each of his codefendants, and in doing the things herein described was 13 acting within the scope of his authority as such agent and employee. 14 6. At all times material herein Valley Boulevard was and is a public 15 highway in the City of Fontana, County of San Bernardino, State of California. 16 7. On or about March 25, 2014, plaintiff Rufina Loeras was the driver 17 of a vehicle on Valley Boulevard at or near its intersection with Juniper Avenue, and at 18 the same time and place defendants, and each of them, so negligently owned, 19 controlled, repaired, entrusted, maintained and operated an automobile as to cause it 20 to, and it did, become involved in an accident or collision, injuring and damaging plaintiff 21 as hereinafter described. 22 8. At all times set forth herein defendants, and each of them, were the 23 owners of their aforementioned automobile, and at all times herein referred to said 24 vehicle was being used and operated with the knowledge and consent of said owners. 25 26 27 28 -2- COMPLAINT FOR PERSONAL INJURIES 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. As a cause of said conduct of defendants, and each of them, plaintiff sustained personal injuries which caused and will continue to cause pain, discomfort and physical disability to plaintiff, general damage in an amount according to proof which in good faith is believed to be an amount within the jurisdictional limits of this court. 10. As a further cause of said conduct of defendants, and each of them, plaintiff employed and will employ in the future physicians, surgeons and others for examination, treatment and care, and thereby incurred and will incur medical and incidental expense, the exact amount of which is unknown at this time and plaintiff will offer proof thereof at the time of trial. 11. As a further cause of the above -described conduct of defendants, and each of them, the aforementioned automobile of plaintiff was damaged and depreciated so that repairs were necessary, the reasonable costs of repairs or the amount of depreciation being unknown at this time, and plaintiff will offer proof thereof at the time of trial. 12. As a further cause of said conduct of defendants, and each of them, plaintiff lost the use of said automobile for a period of time; that the reasonable value of said loss of use of said automobile is unknown to plaintiff at this time and plain- tiff will offer proof thereof at the time of trial. 13. At the time of the described improper conduct of defendants, and each of them, plaintiff Rufina Loeras was gainfully employed for compensation, and as a further cause of defendants' conduct, and each of them, plaintiff has been and in the future will be deprived of earnings, the exact amount of which is unknown at this time, and plaintiff will offer proof thereof at the time of trial. 111 -3- COMPLAINT FOR PERSONAL INJURIES 0 11 WHEREFORE, judgment is prayed for against defendants, and each of them, as follows: 1. General damages according to proof; 2. Medical and related expenses, past and future, according to proof; 3. Loss of earnings, past and future, in a sum according to proof; 4. Loss of income from impaired earning capacity, past and future, according to proof; 5. Property damage in a sum according to proof; 6. Loss of use of automobile in a sum according to proof; 7. For prejudgment interest pursuant to Civil Code §3291; 8. Costs of suit incurred herein; and 9. For such other relief as may be appropriate. Dated: September 2' ft 2014 THE LAW OFK Attorneys for(Plai LARRY H. PAR�E�, INC. ina Loeras COMPLAINT FOR PERSONAL INJURIES w m to cn 0) > 0 k/ co a) < 0 n 0 0 < -0 < 0 m M U 0 U) C: U) cu C: a) o > W0 .LM CL m _0 co n C) M U) N O'D cq U. N co co EQ) < 0) x >, 0 cn CL L) c E E UJ (D z n L) 2 CY) co co z CY) LO C) LO It co (D 00 co 00 I- E = z C) I 0 I 0 C) C: C: CL C: c E c 0 = c 0 ■ (13 co z 0 (n 0 U) < 0 C) < 0 c C) m L) .23 M .0 M E E 10- < 10- < 4- 07- T- n (Y) N O N LO N cC Q C� i O m to O T- c6 n STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS In the Matter of the Request for Review of: Zusser Company,. Inc. Case No. 19-0134-PWH From a Civil Wage and Penalty Assessment issued by: Division of Labor Standards Enforcement DECISION OF THE DIRECTOR OF INDUSTRIAL RELATIONS Affected contractor Zusser Company, Inc. (Zusser) submitted a request for review of a Civil Wage and Penalty Assessment (Assessment) issued by the Division of Labor Standards Enforcement (DLSE) on March 11, 2019, with respect to work Zusser performed on the LADWP Lagoon Refurbishment (Project) for the Metropolitan Water District of Southern California (Awarding Body or MWD) in Los Angeles County., The Assessment determined that the following amounts were due: $209,439.87 in unpaid prevailing wages,2 $277,600.00 in Labor Code section 1775 statutory penalties,3 $150.00 in section 1813 statutory penalties, and $60,000.00 in section 1777.7 statutory penalties. A Hearing on the Merits occurred in Los Angeles, California, before Hearing Officer Ann Wu on November 20, 2019, October 23, 2020, October 28, 2020, and June 16, 2021. 4 Thomas Kovacich of the law firm Atkinson, Andelson, Loya, Ruud & Romo appeared as counsel for Zusser. Lance Grucela appeared as counsel for DLSE. Labor ' LADWP is the Los Angeles Department of Water and Power. 2 The Assessment found $207,714.55 in unpaid wages and $1,725,32 in unpaid training fund contributions, for a total of $209,439.87 unpaid prevailing wages. 3 All subsequent section references are to the California Labor Code, unless specified otherwise. 4 On the first day of hearing, the parties requested bifurcation of the issue of the proper classification of the workers who performed the piping work on the project. The Hearing Officer denied the parties' request as there was no procedural basis for bifurcation of the issues. On the third day of hearing, Zusser renewed its request for bifurcation; the Hearing Officer denied the request. Relations Representative Reisee Salamero testified in support of the Assessment.' Zusser Chief Financial Officer Mikhail (Misha) Fyodorov testified for Zusser. DLSE Exhibit Numbers 1 through 19, 21, and 25 through 38 were admitted into evidence, as well as Zusser Exhibits A, C, D, and G through 0. The parties filed simultaneous closing briefs on August 3, 2021. Zusser filed an optional reply brief on August 17, 2021. The matter was submitted for decision on August 17, 2021. Prior to the Hearing on the Merits, USE presented an amended audit that lowered the unpaid prevailing wages from $207,714.55 to $188,363.85. 6 The amended audit made no changes to the unpaid training fund contributions of $1,725.32, the section 1775 statutory penalties of $277,600.00, the section 1813 statutory penalties of $150.00, or the section 1777.7 statutory penalties of $60,000.00. At the Hearing, DLSE moved to amend the Assessment accordingly. There being no objection or prejudice to Zusser, the Hearing Officer granted the motion. Prior to the Hearing on the Merits, the parties stipulated to the following. • The work subject to the Civil Wage and Penalty Assessment was performed on a public work and required the employment of apprentices and the payment of prevailing wages under the California Prevailing Wage Law, Labor Code sections 1720 through 1861. • The Assessment was served timely. • The Request for Review was filed timely. • The enforcement file was requested and produced in a timely fashion. • No back wages were paid nor deposit made with the Department of Industrial Relations as a result of the Assessment. 5 As of November 20, 2019, the first day of hearing, Saiamero was employed by DLSE as a Labor Relations Representative. She left her employment with DLSE as of March 31, 2020, and thereafter became employed by the Department of State Hospitals as an Employee Relations Analyst. 6 The audit was revised downwards due to additional credit provided to Zusser for fringe benefits attributed to workers Eduardo Martinez and Joshua Rodriguez, Decision of the Director of -2- Case No. 19-0134-PWH Industrial Relations It The issues for decision are: Whether Zusser timely paid its employees the correct prevailing wage for all hours worked on the Project. • Whether Zusser classified workers properly for all work performed on the Project. • Whether Zusser paid the required overtime premium rates to employees on the Project. • Whether Zusser paid the required training fund contributions for all hours worked on the Project. • Whether Zusser took credit properly towards the prevailing wage payment requirement for fringe benefit contributions it made. Whether Zusser is liable for penalties assessed pursuant to sections 1775 and 1813. Whether the Labor Commissioner abused her discretion in assessing penalties pursuant to section 1775. Whether Zusser is liable for liquidated damages on wages found due and owing. • Whether Zusser submitted contract award information to all applicable apprenticeship committees in a timely and factually sufficient manner. Whether Zusser employed apprentices in the required minimum ratio of apprentices to journeypersons on the Project. • Whether Zusser is liable for penalties assessed pursuant to section 1777.7. • Whether the Labor Commissioner abused her discretion in assessing penalties pursuant to section 1777.7. For the reasons set forth below, the Director of Industrial Relations finds that, for the most part, DLSE carried its initial burden of presenting evidence at the Hearing that provided prima facie support for the Assessment, and that Zusser failed to carry its burden of proving the basis for the Assessment was incorrect. (See Cal. Code Regs., Decision of the Director of -3- Case No. 19-0134-PWH Industrial Relations tit. 8, § 17250, subds. (a), (b).) Accordingly, the Director issues this Decision affirming and modifying the Assessment. FACTS The Project. The Awarding Body advertised the Project for bid on October 6, 2014. (DLSE Exhibit No. 11, p. 237.) The notice inviting bids summarized the work as follows: 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 [sic], 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 6,100 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. (Ibid.) The notice inviting bids specified that the successful bidder shall comply with the California Labor Code, including prevailing wage requirements. (Ibid,) The lagoons are on property owned by LADWP, and the project is to refurbish the lagoons for use by MWD's Joseph Jensen Water Treatment Plant (Jensen Plant),' (DLSE Exhibit No. 12, pp. 238-239.) 7 MWD's Jensen Plant, located in Granada Hills, treats water from the State Water Project and delivers water to service areas in the water distribution system. (DLSE Exhibit No. 12, p. 238.) In December of 2812, LADWP and MWD entered into an agreement enabling MWD to use four existing solids lagoons on the grounds of LADWP's Aqueduct Filtration Plant for a period of 50 years, for the purpose of increasing the Jensen Plant's capacity to process the solids collected by its sedimentation basins. (Ibid.) At that time, MWD was utilizing a temporary solids transfer system to transport solids to two existing lagoons on the LADWP property. (Ibid.) Although the Awarding Body for the lagoon refurbishment project is MWD, LADWP agreed to reimburse MWD for the cost of the Project. (DLSE Exhibit No. 12, pp. 238-244.) The lagoon refurbishment project is the second component of the construction of MWD's new solids handling system; the first component of MWD's solids handling system included the construction of a solids transfer pipeline from the Jensen Plant to the lagoons that was under construction at the time MWD awarded the lagoon refurbishment project to Zusser, (DLSE Exhibit No. 12, pp. 238-239.) In that regard, MWD awarded a construction contract in July of 2014 for the construction of a solids transfer system to convey thickened residual solids from the Jensen Plant to the additional four LADWP lagoons. (Ibid.) Decision of the Director of -4- Case No. 19-0134-PWH Industrial Relations The successful bidder was Zusser, which entered into a contract with the Awarding Body on or about January 13, 2015. E (DLSE Exhibit No. 10, pp. 218-219.) Zusser had workers on the Project from July 27, 2015 to August 22, 2017. 9 (DLSE Exhibit No. 25, pp. 806-895.) On September 28, 2017, the Awarding Body acknowledged completion of the Project, and a Notice of Completion was recorded in the Official Records of the Los Angeles County Registrar-Recorder/County Clerk's Office on October 4, 2017. (DLSE Exhibit No. 13, p. 245.) The Public Works Complaint. On July 25, 2018, DLSE received a complaint against Zusser from employee Eduardo Martinez. He alleged non-payment and/or underpayment of wages, worker misclassification, and failure to pay fringe benefits for work he performed on the Project. (DLSE Exhibit No. 6, pp. 163-164.) Salamero conducted an investigation of the complaint. The Prevailing Wage Rate Determinations. DLSE contends that Zusser misclassified workers who performed pipe work on the Project, such that those workers should be reclassified within the Plumber classification from the subclassifications of Sewer and Storm Drain Pipelayer (Pipelayer) and Sewer and Storm Drain Pipe Tradesman (Pipe Tradesman), to the subclassification of Plumber, Industrial and General Pipefitter (Industrial Pipefitter). Accordingly, the prevailing wage determination (PWD) at issue in this matter is that of Plumber, LOS- 2014-2 (Plumber).10 (DLSE Exhibit No. 14, p. 247.) The applicable scope of work for the 8 Of the five bids received by the Awarding Body, Zusser was the lowest bidder on the project, with a bid of $3,067,900. (DLSE Exhibit No. 12, pp. 238, 239, 242.) The four higher bids ranged from approximately $3.2 million to $4.3 million, and the engineer's estimate for the project was $3,452.582. (Ibid.) 9 Salamero testified that Zusser had workers on the Project from August 3, 2015 to August 22, 2017. However, the Certified Payroll Records show that workers first worked on the Project on July 27, 2015. (DLSE Exhibit No. 25, p. 806.) io The basic hourly rate for Plumber: Sewer and Storm Drain Pipelayer is $32.24, with hourly fringe benefit payments of $17.75, not including training fund contributions of $1.33, for a total hourly rate of $51,32. (DLSE Exhibit No. 14, p. 247.) The basic hourly rate for Plumber: Sewer and Storm Drain Pipe Tradesman is $16.55, with hourly fringe benefit payments of $9.03, not including training fund Decision of the Director of -5- Case No. 19-0134-PWH Industrial Relations Industrial Pipefitter subclassification includes, in relevant part: "A.1.36 All piping in connection with central distributing filtration treatment stations, boosting stations, waste sewage 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." (DLSE Exhibit No. 15, p. 259.) The applicable scope of work for the Sewer and Storm Drain subclassification includes, in relevant part. "D.5.10 All sewer, storm drain, and underground piping inside property lines, but which is outside of the building."" (DLSE Exhibit No. 15, p. 269.) DLSE contends that Zusser also misclassified and underpaid other workers on the Project. Accordingly, the other PWDs at issue in this case are those of Operating Engineer, SC-23-63-2-2014-2 (Operating Engineer) (DLSE Exhibit No. 16, pp. 273- 276),12 Laborer (SC-23-102-2-2014-1 (Laborer) (DLSE Exhibit No. 17, p. 299-301),13 contributions of $0.76, for a total hourly of $26.34. (IM) The basic hourly rate for Plumber: Plumber, Industrial and General Pipefitter is $41.68, with hourly fringe benefit payments of $22.74, not including training fund contributions of $1.60, for a totally hourly rate of $66.02. (ibid.) The subclassifications of Plumber, Industrial and General Pipefitter and Sewer and Storm Drain Pipelayer are subject to predetermined increases, and the Plumber craft is apprenticeable. (Id. at pp. 247-248, 251-252.) There was no particular allocation for the predetermined increases for the Plumber, Industrial and General Pipefitter subclassification effective July 1, 2015, July 1, 2016, or July 1, 2017. (Id., at pp. 251-252.) For the Sewer and Storm Drain Pipelayer subclassification, there was no particular application for the predetermined increases effective July 1, 2015 or July 1, 2016, but the predetermined increase effective July 1, 2017 was allocated as follows, $1,30 to the base hourly rate, $0.10 to pension, $0.22 to vacation, $0.10 to training funds, and $0.15 to other. (Ibid.) 11 The Sewer and Storm Drain scope of work provisions do not distinguish between the Pipelayer or Pipe Tradesman subclassifications, (See DLSE Exhibit No. 15, pp, 253-272.) Salamero testified that the Pipe Tradesman assists the Pipelayer as a helper, 12 The basic hourly rate for Laborer Group 1 was $30,19, with hourly fringe benefit payments of $18.05, not including training fund contributions of $0.64, for a total hourly rate of $58.88. (DLSE Exhibit No. 17, p. 299.) This was an apprenticeable craft. (ibid.) 13 The basic hourly rate for Laborer Group 1 was $30,19, with hourly fringe benefit payments of $18.05, not including training fund contributions of $0.64, for a total hourly rate of $58.88. (DLSE Exhibit No. 17, p. 299.) This was an apprenticeable craft. (Ibid.) Decision of the Director of -6- Case No. 19-0134-PWH Industrial Relations and Cement Mason, SC-23-203-2-2014-1 (Cement Mason) (DLSE Exhibit No. 18, pp. 312-313). 14 The Assessment. The Assessment found that Zusser misclassified and underpaid workers on the Project, underpaid fringe benefits and training fund contributions on behalf of its workers on the Project, and underpaid overtime premiums. It also found that Zusser failed to timely submit contract award information to the applicable committees for the classification of Plumber and Cement Mason, and failed to timely request dispatch of apprentices to the applicable committees for those classifications and for the Laborer classification. Finally, it found that Zusser failed to employ any apprentices on the Project for the classifications of Plumber and Cement Mason, that it did not employ Laborer apprentices in the required ratio, and employed apprentices without journeyperson supervision. Altogether, the Assessment found that Zusser underpaid the required prevailing wages in the amount of $188,363.85, and underpaid training fund contributions in the amount of $1,725.32. The Assessment imposed section 1775 penalties of $277,600,00, section 1813 penalties of $150.00, and section 1777.7 penalties of $60,000.00. Investigation of Labor Relations Representative Salamero and DLSE's Exhibits. Labor Relations Representative Salamero conducted an investigation of the Project and issued the Assessment against Zusser on March 11, 2019. (DLSE Exhibit No. 3, pp. 16-26.) As set forth in the Penalty Review, in the investigation, Salamero used the contract and project specifications provided by MWD, the certified payroll records (CPRs) and supporting documentation provided by Zusser,15 the scope of work 14 The basic hourly rate for Cement Mason was $31.85, with hourly fringe benefit payments of $21,25, not including training fund contributions of $0.55, for a total hourly rate of $53.65. (DLSE Exhibit No. 18, p. 312.) The Cement Mason was subject to predetermined increases and is apprenticeable. (Id., at pp. 312-313.) 15 The certified payroll records provided by Zusser lacked the declaration under penalty of perjury required by section 1776. (See DLSE Exhibit No. 25, pp. 806-895.) At Salamero's request, Zusser provided copies of paystubs, documentation of fringe benefit payments and explanation of same, documentation of restitution payments to workers classified as Operating Engineers, and copies of Decision of the Director of -7- Case No. 19-0134-PWH Industrial Relations provisions for the Plumber classification and subclassifications as well as the classifications of Operating Engineer and Laborer, along with the applicable PWDs. Also, Salamero used information provided by Zusser employees as to the work they performed on the Project. As a result of the investigation, Salamero determined that Zusser misclassified workers who performed piping work as Sewer and Storm Drain Pipelayers and Pipe Tradesman, and underpaid them, when they should have been classified and paid as Industrial Pipefitters on the Project.16 In addition, Zusser misclassified and underpaid workers who performed work in the Operating Engineer and Laborer classifications, Zusser underpaid workers classified as Cement Masons, and Zusser employed Laborer apprentices without journeyperson supervision. (DLSE Exhibit No. 1, pp. 8-14; DLSE Exhibit No. 10, pp. 177-236; DLSE Exhibit No. 14, pp. 246-252; DLSE Exhibit No. 15, pp. 253-272; DLSE Exhibit No. 16, pp. 273-298; DLSE Exhibit No. 17, pp. 299-311; DLSE Exhibit No. 19, pp. 319-415; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 896-1295; DLSE Exhibit No. 30, pp. 1367-1673; DLSE Exhibit No. 32.) Because of the misclassifications, Salamero reclassified John Atwood, Jose Jesus Dorado aka Jose Martinez, Anton Fyodorov, Mikhail Fyodorov,1' Javier Garcia, cancelled checks. (See DLSE Exhibit No. 26, pp. 896-1295; DLSE Exhibit No. 27, pp. 1296-1335; DLSE Exhibit No. 28, pp. 1336-1354; DLSE Exhibit No. 29, pp. 1355-1366; DLSE Exhibit No. 30, pp. 1367- 1673.) Salamero accepted Zusser's documentation of these payments, and relied on the CPRs and Zusser's documentation in conducting the audit. 16 Salamero testified that the workers she interviewed during the course of her investigation told her that the Project was part of the Jensen Plant filtration system, and that her understanding of the Project was that the lagoons were connected to the Jensen Plant. After issuance of the Assessment, Zusser asserted that the Jensen Plant is not connected to the Lagoons, such that reclassification of employees for the piping work was inappropriate. (DLSE Exhibit No. 31, pp. 1674-1676.) In response, Salamero performed a Google search of the Project and located, on the MWD website, the MWD Board of Directors Engineering and Operations Committee Board Meeting memo dated 1/13/2015, (DLSE Exhibit No. 12, pp. 238-244.) The memo, which confirmed that the Jensen Plant and the lagoons were part of the same water filtration system, further reinforced Salamero's rationale for reclassification of the piping work performed on the Project. 17 Salamero testified that she did not include in her audit any hours worked by Misha Fyodorov or Larissa Sass, as they are the owners of Zusser. She included in her audit hours worked by Mikhail Fyodorov. Salamero was unaware that Misha is a diminutive of the name Mikhail at the time she conducted her investigation, and she conceded that Mikhail "Misha" Fyodorov should be excluded from the audit. Decision of the Director of -8- Case No. 19-0134-PWH Industrial Relations Juan Lopez a.k.a. John Betancourt, Eduardo Martinez, Carmelo Ortiz, and Cipriano Ponce, for the piping work they performed on the Project from Pipelayers and Pipe Tradesman to Industrial Pipefitters.18 , 19 (Ibid.) With regard to Operating Engineer and Laborer work, Salamero reclassified several workers. Salamero reclassified Eduardo Martinez to Operating Engineer Group 6 and Laborer Group 1 for the work he performed in those classifications, reclassified Dorado to Operating Engineer Group 8 for the work he performed in that classification, reclassified Ponce to Operating Engineer Group 6 and Laborer Groups 3 and 5 for the work he performed in those classifications. (.[bid.) Salamero determined that Darrell Coppenger, Gilbert Valenzuela, and Tomas Martinez were properly classified as Cement Masons, but were underpaid the correct prevailing wage rates. (DLSE Exhibit No. 4, pp. 92-96, 99, 144, 160; DLSE Exhibit No. 18, pp. 312-313; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 969-976, 1027-1033, 1267-1272; DLSE Exhibit No. 30, pp. 1367-1673.) Finally, Salamero upgraded Oscar Gomezcruz from apprentice to journey level Laborer for the work he performed while no journey level Laborer was on site. (DLSE Exhibit No. 1, p. 9; DLSE Exhibit No. 4, pp. 92-96, 123-124; USE Exhibit No. 25, pp. 813-819, 830, 832.) To calculate the amount of underpayment of wages by Zusser due to the reclassifications and underpayments, Salamero utilized the applicable PWDs, gave credit for wage payments made by Zusser as recorded on the CPRs and supported by the paystubs and cancelled checks for those workers, and placed the amount of total wages due those workers on the Amended Public Works Audit Worksheet (Amended Audit Worksheet) and the Public Works Investigation Worksheets 11 Salamero utilized the hours set forth on the CPRs for each worker, with the exception of Cipriano Ponce who provided a daily log of his hours worked and a description of the work he performed. (DLSE Exhibit No. 1, p. 8; DLSE Exhibit No. 21, pp. 505-514.) 19 Workers will be referred to by their last name, except that workers with the same last name will be referred to by their first and last name. In addition, Anton Fyodorov is referred to by his first and last name to distinguish him from Mikhail "Misha" Fyodorov an owner and not a worker, who is referred to as Fyodorov. Decision of the Director of -9- Case No. 19-0134-PWH Industrial Relations (Investigation Worksheets) she prepared.20 (DLSE Exhibit No. 4, pp. 92-161; DLSE Exhibit No. 14, pp. 246-252; DLSE Exhibit No. 15, pp. 253-272; DLSE Exhibit No. 16, pp. 273-298; DLSE Exhibit No. 17, pp. 299-311; DLSE Exhibit No. 18, pp. 312-313; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 969-976, 1027-1033, 1267- 1272; DLSE Exhibit No. 30, pp. 1367-1673.) According to the Penalty Review and Amended Audit Worksheet, Salamero found six instances where Zusser underpaid overtime premiums on the Project. (DLSE Exhibit No. 1, p. 1; DLSE Exhibit No. 4, pp. 92-96, 106-109, 114-117, 125-131, 145-146.) Based on Amended Audit Worksheets and Investigation Worksheets, as well as the CPRs and supporting paystubs, the underpayment of overtime premiums resulted from the reclassification of workers to Industrial Pipefitter. (DLSE Exhibit No. 4, pp. 92-96, 106-1091 114-117, 125-131, 145-146; DLSE Exhibit No. 25, pp. 835-836; DLSE Exhibit No. 26, pp. 938-964, 1049-1174; 1220-1258.) The workers affected by the underpayment of overtime premiums were Dorado, Fyodorov,21 Lopez, and Ortiz. (Ibid.) Salamero testified that she found underpayment of fringe benefits resulting from the reclassification of workers who performed piping work as well as the upgrading of the Laborer apprentice working on site without journeyperson supervision. Salamero gave credit to Zusser for the fringe benefit amounts as stated on the paystubs and 10 Zusser made restitution payments to Lopez, Joshua Rodriguez, Ponce, and Jose Martinez for Operating Engineer work. (DLSE Exhibit No. 29, pp. 1355-1366.) Salamero provided credit to Zusser for these restitution payments. (DLSE Exhibit No. 1, p. 9.) zl Mikhail "Misha" Fyodorov later removed from the audit. Decision of the Director of -10- Case No. 19-0134-PWH Industrial Relations supported by the additional documentation provided by Zusser.22, z3 (DLSE Exhibit No. 1, pp. 8-15; DLSE Exhibit No. 4, pp. 92-161; DLSE Exhibit No. 5, p. 162; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 896-1295; DLSE Exhibit No. 27, pp. 1296-1335; DLSE Exhibit No. 28, pp. 1336-1354.) As reflected in the Amended Audit Worksheet, and supported by the Investigation Worksheets, Salamero determined that Zusser owed $188,363.85 in unpaid wages. (DLSE Exhibit No. 4, pp. 92-161.) This amount represents the total amount of the underpayment of prevailing wages for the workers who were reclassified as Industrial Pipefitters, Operating Engineers and Laborers, the workers who were underpaid as Cement Masons, the Laborer apprentice who was upgraded to Laborer journeyperson, as well as the underpayment of fringe benefits and overtime premiums for all of the workers on the Project. (-[bid.) According to the Amended Audit Worksheet, Salamero found underpayment of training fund contributions for seven workers. The workers were as follows: Coppenger, Dorado, Tomas Martinez, Ortiz, Ponce, Rodriguez, and Valenzuela.24 (DLSE Exhibit No. 4, p. 92-96.) Salamero testified that she determined the required training fund 22 Salamero determined the hourly rate attributed to health and welfare benefits by annualizing Zusser's payments to Health Net and Aetna on behalf of the workers. (DLSE Exhibit No. 27, pp. 1296-1335.) Salamero explained that she obtained the hourly rate for each worker by taking the monthly health premium Zusser paid for the worker and dividing it by 177.33, which represents the hours worked per month based on 2080 hours worked per year. Salamero accepted Zusser's explanation that the Health Net and Aetna premiums were paid by the Zusser Health and Welfare Trust, and that the account balances in the Trust for each worker were later transferred to the Principal Financial Group retirement accounts for each worker. Fyodorov explained another way to calculate the annualization of the medical insurance, which is to take the monthly premium, multiply it by 12 months, and then divide by 2080 hours to obtain the cost per hour. Both methods achieve the same result. 23 Salamero explained that she gave Zusser additional credit for fringe benefits based on the amounts in each worker's individual accounts with Principal Financial Group. (DLSE Exhibit No. 1, pp. 8-15; DLSE Exhibit No. 5, p. 162.) 24 Although Salamero testified during cross-examination that the underpayment of training fund contributions resulted from the reclassification of workers to Industrial Pipefitters, it is noted that the Amended Audit Worksheet indicated that training fund contributions were also owed for other workers who were not reclassified as Industrial Pipefitters. (DLSE Exhibit No. 4, p. 92-96.) Decision of the Director of -11- Case No. 19-0134-PWH Industrial Relations contributions per classification, and that she gave Zusser credit for payments it made to the California Apprenticeship Council (CAC) and to the Associated General Contractors of America (AGC), San Diego Chapter, Inc., Training and Apprenticeship Trust Fund. (DLSE Exhibit No. 14, pp. 246-252; DLSE Exhibit No. 15, pp. 253-272; DLSE Exhibit No. 16, pp. 273-298; DLSE Exhibit No. 17, pp. 299-311; DLSE Exhibit No. 18, pp. 312-313; DLSE Exhibit No. 35, pp. 1824-1846.) As reflected in the Penalty Review and Amended Audit Worksheet, Salamero determined that Zusser owed a total of $1,725.32 in unpaid training fund contributions. (DLSE Exhibit No. 1, pp. 1-15; DLSE Exhibit No. 4, p. 92- 96.) Salamero testified that the Senior Deputy Labor Commissioner assessed penalties under section 1775 of $200.00 per day for underpayment of wages.25 (DLSE Exhibit No. 1, pp. 2, 15; DLSE Exhibit No. 2, p. 21.) Salamero identified 1388 days where Zusser underpaid its workers. (Ibid.; USE Exhibit No. 4, pp. 92-96.) Accordingly, Salamero determined that penalties under section 1775 totaled $277,600.00 ($200.00 x 1388 = $27,600). (Ibid.) In addition, Salamero testified that she assessed penalties under section 1813 of $25.00 per day for underpayment of overtime. (DLSE Exhibit No. 1, p. 1; DLSE Exhibit No. 4, pp. 92-96.) Salamero determined that the penalties under section 1813 at the $25.00 rate totaled $150.00, indicating that she identified six days where Zusser failed to pay overtime premium rates to its workers. (Ibid.) With regard to the apprenticeship violations, Salamero determined that Zusser submitted contract award information (DAS 140 form) to the applicable apprenticeship committees for the Laborer and Operating Engineer classifications but did not submit contract award information to the applicable apprenticeship committees for the Plumber 15 Salamero listed Zusser's prior history of prevailing wage violations in the Penalty Review she prepared, (DLSE Exhibit No. 1, p. 15.) In three prior cases against Zusser, DLSE issued assessments for unpaid or underpaid wages and training fund contributions, as well as penalties under sections 1775, 1813, and 1777.7. (Ibid.) Salamero testified that she considered the prior assessments against Zusser as constituting prior history. She conceded that there is no prior decision by the Director of Industrial Relations finding that Zusser violated prevailing wage or apprenticeship requirements. Decision of the Director of -12- Case No. 19-0134-PWH Industrial Relations and Cement Mason classifications. Also, Zusser did not submit requests for dispatch (DAS 142 form) to the applicable apprenticeship committees for the classifications of Laborers, Plumber and Cement Mason.Z6 (DLSE Exhibit No. 1, p. 6.) These determinations were based on several sources: (1) search results Salamero obtained from the Department of Industrial Relations website of the applicable apprenticeship programs in the geographic area of the Project; (2) her review of documentation provided by Zusser including the Public Works Contract Award Information, Requests for Dispatch of Apprentices, and facsimile transmission verification reports and emails; and (3) her email communications with the Southern California Chapter of the Associated Builders and Contractors, Inc. Plumbers U.A.C.27 (DLSE Exhibit No. 33, pp. 1801-1805; DLSE Exhibit No. 34, pp. 1806-1807, pp. 1808-1822.) Using the CPRs, Salamero determined the total journeyperson hours worked for each classification of worker employed on the Project. She applied the 1:5 ratio of apprentice to journey level hours to determine the minimum number of apprentice hours required on the Project. (DLSE Exhibit No. 1, pp. 6-8.) Salamero determined that Zusser did not employ any apprentices on the Project for the classifications of Plumber and Cement Masons, and that Zusser did not employ sufficient apprentices for the Laborer classification to meet the minimum number of apprentice hours required in the 26 As indicated in the Penalty Review, for the Operating Engineer classification, Zusser is exempt from the requirements of requesting dispatch of apprentices and from having to meet the 1:5 apprentice to journeyperson hourly ratio. 27 Salamero explained that although Zusser submitted Contract Award Information to the San Diego Associated General Contractor J.A.C. for the classifications of Operating Engineer, Laborer, Carpenter, and Cement Mason, as well as a Request for Dispatch to the San Diego Associated General Contractor J.A.C. for Laborer apprentices, the San Diego Associated General Contractor J.A.C, is not an applicable apprenticeship committee for these classifications for the geographic region of Los Angeles County. (DLSE Exhibit No. 33, pp. 1801-1805; DLSE Exhibit No. 34, pp. 1814-1816, pp. 1818-1822.) Salamero also explained that Zusser is not a signatory to any apprenticeship committees given that Zusser checked off Box No. 3 on the DAS 140 forms. (DLSE Exhibit No. 34, pp. 1808, 1810, 1812, 1818-1821.) Based on the DAS 140 forms provided by Zusser, it is not signatory to any apprenticeship committees for the classifications of Operating Engineer, Laborer, Carpenter, or Cement Mason. (Ibid) Zusser did not provide any DAS 140 form that was submitted to any applicable apprenticeship committees for the Plumber classification. (See DLSE Exhibit No. 34, pp. 1806-1822.) Decision of the Director of -13- Case No. 19-0134-PWH Industrial Relations Project.28 (DLSE Exhibit No. 1, pp. 6-8, 14-15.) Salamero testified that the basis for the apprenticeship violations in the Assessment was Zusser's failure to submit contract award information and requests for dispatch to the applicable apprenticeship committees for the Plumber classification.29 As reflected in the Penalty Review, Salamero determined that there were 750 apprenticeship violations between August 3, 2015, and August 22, 2017. 30 (DLSE Exhibit No. 1, pp. 1, 6-7.) Salamero testified that the Senior Deputy Labor Commissioner assessed penalties under section 1777.7 of $80.00 per day for apprenticeship violations.31 (DLSE Exhibit No. 1, p. 2.) Based on the 750 days of apprenticeship violations she identified in the Penalty Review, Salamero determined that the penalties under section 1777.7 totaled $60,000.00 ($80.00 x 750 = $60,000). (DLSE Exhibit No. 1, pp. 1-2.) Testimony of Chief Financial Officer Fyodorov and Zusser Exhibits. Fyodorov testified that he is the Chief Financial Officer and Secretary for Zusser, a non -union contractor in business since 2005. He is an estimator, a project manager, and he also performs labor on various projects. As an estimator, Fyodorov selects public works projects, attends preconstruction meetings, reviews plan specifications, and 28 As set forth in the Penalty Review, Zusser employed Laborer apprentices for 482 hours, but the minimum required number of Laborer apprentice hours was 751 hours based on the 3,757 hours worked by journey level Laborers on the Project. (DLSE Exhibit No. 1, p. 6.) 19 Salamero explained that DLSE does not stack penalties. Although Zusser did not submit contract award information to the applicable apprenticeship committees for the Plumber or Cement Mason classifications, Zusser did not submit requests for dispatch to the applicable apprenticeship committees for the Laborer, Plumber or Cement Mason, and Zusser did not satisfy the minimum number of apprenticeship hours for the Laborer, Plumber or Cement Mason classifications, Salamero based the apprenticeship violation solely on Zusser's failure to submit contractor award information and requests for dispatch for the Plumber classification. 31 The CPRs show the first day of work on the Project was July 27, 2015, and workers classified as Pipe Tradesman and "Hourly Wage Pipe", Operating Engineer and Laborer were on site that day. (DLSE Exhibit No. 25, p, 806.) 31 Salamero listed Zusser's prior history of apprenticeship violations in the Penalty Review she prepared, (DLSE Exhibit No. 1, p. 15.) Decision of the Director of -14- Case No. 19-0134-PWH Industrial Relations estimates the project for labor, material, and equipment costs. Fyodorov was the estimator for the Project, and he prepared the bid. Fyodorov disagreed with the reclassification of the piping work performed on the Project. He testified that three weeks after he received the Assessment, he emailed Salamero with his explanation of why the piping work performed on the Project was correctly classified under the Sewer and Storm Drain subclassification, rather than the Industrial Pipefitter subclassification. (DLSE Exhibit No. 31, pp. 1674-1676.) In his email, Fyodorov advised Salamero that the lagoons belong to LADWP, not MWD, and that the lagoons were not connected to MWD's Jensen Plant.32 (Id at p. 1675.) Fyodorov testified that the Project had nothing to do with the Jensen Plant. According to Fyodorov, the scope of work described in the Industrial Pipefitter subclassification describes work typically contained in a water filtration plant. But the work performed on the Project did not involve work inside a water filtration plant, and that the lagoons were located about a mile away from Jensen Plant. Fyodorov further testified that the scope of work described in the Sewer and Storm Drain subclassification as including "all sewer, storm drain, and underground piping inside property lines but which is outside of the building" was a "perfect" description of work that was done at the lagoons.33 Fyodorov testified regarding the sequence of work Zusser performed on the lagoons, including digging trenches, lining the trenches with 32 Salamero testified that after she received Fyodorov's email, she obtained the MWD Board of Directors Engineering and Operations Committee Board Meeting memo dated 1/13/2015. (DLSE Exhibit No. 12, pp, 238-244.) According to this memo, the lagoon refurbishment project awarded to Zusser was the second component of the construction of MWD's new solids handling system. (ibid.) The first component was construction of a solids transfer pipeline to convey thickened residual solids from the Jensen Plant to the four LADWP lagoons. (Ibid.) Fyodorov testified that at the time he was doing work on the Project, he had no idea whether the lagoons were connected to Jensen Plant, and that he had no understanding of the connection between Jensen Plant and the lagoons or the purpose of the lagoon refurbishment project. On cross-examination, Fyodorov testified that storm drain water is one of the sources of water into the lagoon, and that he did not know the other source of water into the lagoons. He also testified on cross-examination that he would not be surprised to learn that the purpose of the lagoons are to handle the solids discharge from the Jensen Plant. 33 However, Fyodorov testified that the piping work Zusser performed on the Project was not inside the property lines of the Jensen Plant. Decision of the Director of -15- Case No. 19-0134-PWH Industrial Relations filter fabric, placing solid and perforated pipe into the trenches, constructing the maintenance holes, backfilling the lagoons with drainage rock, as well as establishing the required elevation of the lagoons for the capacity and flow of the water.34 (Zusser Exhibit L, p. 2; Zusser Exhibit O, Eddi [sic] Martinez Pictures pp. 1-11, Zusser Project Pictures pp. 1-6.) Fyodorov testified that he was unable to persuade Salamero on the reclassification of piping work. With regard to the reclassification issue, Fyodorov testified that he never saw any scope of work from MWD requiring any work on the Project be performed by Industrial Pipefitters. According to Fyodorov, there was no discussion in preconstruction meetings regarding the utilization of Industrial Pipefitters, the MWD project inspector did not take issue with the classification of workers as Pipe Tradesman when approving extra work (Zusser Exhibit K), and Zusser's CPRs were not rejected because Zusser failed to classify workers as Industrial Pipefitters. In addition, Fyodorov testified that the employment agreements signed by Zusser's workers and the individual timesheets provided by Zusser show that Zusser correctly classified the workers under the Sewer and Storm Drain subclassification for the piping work. (Zusser Exhibit N.) On cross- examination, Fyodorov conceded that he did not discuss the classification of workers on the Project with the Awarding Body, and that he did not request a Director's determination on the scope of work of the Project. Although the notice inviting bids indicated that a pre -bid conference would be held at the Jensen Plant, Fyodorov testified that the pre -bid conference took place at the lagoons. (DLSE Exhibit 10, p. 184; DLSE Exhibit No. 11, p. 237.) According to Fyodorov, Zusser made various fringe benefit payments on behalf of the workers on the Project. It made health and welfare payments to the Zusser Health and Welfare Trust for journey level workers, and the AGC Health and Welfare sa Fyodorov explained that the purpose of drainage rock is to filter sediments from the water that goes into the lagoon, so that clean water percolates into the ground down to the water table. Decision of the Director of -16- Case No. 19-0134-PWH Industrial Relations Trust for Laborer apprentices (Zusser Exhibit C).35 Also, it made payments to the Zusser Prevailing Wage Pension Plan administered by the Principal Financial Group (Zusser Exhibits C, D, and G),36 and payments to Health Net and Aetna for medical benefits (Zusser Exhibit 3). Fyodorov testified that Zusser made training fund contributions to the CAC and the AGC Training and Apprenticeship Trust Fund. (Zusser Exhibit H.) Fyodorov believed that Salamero gave Zusser credit for the amount of wages listed on the CPRs, as well as credit for health and welfare payments and pension payments paid by Zusser, and training fund contributions made to the CAC and AGC Training and Apprenticeship Trust Fund on behalf of workers on the Project. (Zusser Exhibit H.) However, Fyodorov testified that he did not understand Salamero's credit calculations for the pension payments. (See DLSE Exhibit No. 5, p. 162.) Fyodorov testified that Zusser submitted DAS 140 forms to all of the applicable apprenticeship programs that existed at the time of the bid advertisement.37 (Zusser Exhibit I; compare with DLSE Exhibit No. 34, pp. 1806-1822.) According to Fyodorov, he was responsible for preparing the DAS 142 forms on behalf of Zusser, and testified that only Laborer apprentices were dispatched to the Project. DISCUSSION The California Prevailing Wage Law (CPWL), set forth at Labor Code sections 1720 et seq., requires the payment of prevailing wages to workers employed on public works construction projects. The purpose of the CPWL was summarized by the California Supreme Court in one case as follows: 35 Fyodorov testified that Zusser was a participant in the AGC apprenticeship program, and that Zusser employed Laborer apprentices on the project. 36 On cross-examination, Fyodorov testified that Zusser made pension contributions on an annual basis prior to 2017, and that Zusser made pension contributions on a quarterly basis beginning in 2017, except that the first two quarters of 2017 were combined in one payment. 37 Zusser flailed to provide any documentation of the applicable apprenticeship committees at the time of the bid advertisement, (Compare DLSE Exhibit No. 33, pp. 1801-1805.) Decision of the Director of -17- Case No. 19-0134-PWH Industrial Relations The overall purpose of the prevailing wage law ... is to benefit and protect employees on public works projects. 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 union 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. (Lusardi Construction Co. v. Au6ry(1992) 1 Cal.4th 976, 987, citations omitted (Lusardi).) DLSE enforces prevailing wage requirements not only for the benefit of workers but also "to protect employers who comply with the law from those who attempt to gain competitive advantage at the expense of their workers by failing to comply with minimum labor standards." (§ 90.5, subd. (a); see also Lusardi, supra, at p. 985.) Section 1775, subdivision (a), requires that contractors and subcontractors pay the difference to workers who were paid less than the prevailing wage rate, and prescribes penalties for failing to pay the prevailing wage rate. Section 1742.1, subdivision (a), provides for the imposition of liquidated damages (essentially a doubling of the unpaid wages) if the unpaid wages are not paid within 60 days following service of a civil wage and penalty assessment under section 1741. When DLSE determines that a violation of the prevailing wage laws has occurred, it may issue a written civil wage and penalty assessment pursuant to section 1741. An affected contractor or subcontractor may appeal the assessment by filing a request for review under section 1742. The request for review is transmitted to the Director of the Department of Industrial Relations, who assigns an impartial hearing officer to conduct a hearing in the matter as necessary. (§ 1742, subd. (b).) At the hearing, DLSE has the initial burden of presenting evidence that "provides prima facie support for the Assessment ..." (Cal. Code Regs., tit. 8, § 17250, subd. (a).) When that burden is met, "the Affected Contractor or Subcontractor has the burden of proving that the basis for the Civil Wage and Penalty Assessment ... is incorrect." (Cal. Code Regs., tit. 8, Decision of the Director of -18- Case No. 19-0134-PWH Industrial Relations § 17250, subd. (b); accord, § 1742, subd. (b).) At the conclusion of the hearing process, the Director issues a written decision affirming, modifying or dismissing the assessment. (§ 1742, subd. (b).) DLSE Presented Prima Facie Evidence in Support of the Assessment. The documentary and testimonial evidence in this case is generally undisputed. DLSE based its Assessment that Zusser misclassified and underpaid wages on the CPRs and supporting information provided by Zusser, the information provided by the Awarding Body and individual workers on the Project, and the applicable scope of work provisions and PWDs for the worker classifications at issue. Every employer in the on -site construction industry, whether the project is a public work or not, must keep accurate information with respect to each employee. Industrial Welfare Commission (IWC) Wage Order No. 16-2001, which applies to on -site occupations in the construction industry, provides as follows: Every employer who has control over wages, hours, or working conditions, must keep accurate information with respect to each employee including . .. name, home address, occupation, and social security number ... [t]ime records showing when the employee begins and ends each work period ... [t]otal wages paid each payroll period ... [and] [t]otal hours worked during the payroll period and applicable rates of pay .... (Cal. Code Regs., tit. 8, § 11160, subd. (6)(A).) Also, the employer must furnish each employee with an itemized statement in writing showing all deductions from wages at the time of each payment of wages. (Cal. Code Regs., tit. 8, § 11160, subd. (6)(B); see also Lab. Code, § 226.) Employers on public works have the additional requirement to keep accurate certified payroll records. (§ 1776; Cal. Code Regs., tit. 8, § 11160, subd. (6)(D).) Those records must reflect, among other information, "the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey[ person], apprentice, worker, or other employee employed by him or her in connection with the public work." (§ 1776, subd. (a).) In this case, DLSE presented prima facie support for the underpayment of wages to workers on the Project. With regard to DLSE's reciassifi cation of Sewer and Storm Decision of the Director of -19- Case No. 19-0134-PWH Industrial Relations Drain Pipelayers and Sewer and Storm Drain Pipe Tradesman to Industrial Pipefitters, DLSE relied on the CPRs which showed that Zusser classified its workers who performed piping work as Pipelayers and Pipe Tradesman, the scopes of work for the Plumber subclassifications, as well as Salamero's understanding that the scope of work for the Project was to refurbish the lagoons connected to the Joseph Jensen Water Treatment Plant. Salamero's understanding was based on information provided to her by both the Awarding Body and by the workers she interviewed. (DLSE Exhibit No. 1, p. 8; DLSE Exhibit No. 10, pp. 177-236; DLSE Exhibit No. 11, p. 237; DLSE Exhibit No. 14, pp. 246- 252.) The scope of work for the Industrial Pipefitter subclassification includes "[a]ll piping in connection with central distributing filtration treatment stations, boosting stations, waste sewage 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." MWD's Jensen Plant is a water treatment plant that delivers water into the water distribution system. (DLSE Exhibit No. 12, p. 238). As part of its water treatment process, Jensen Plant transfers solids through a pipeline to the lagoons on the LADWP's Aqueduct Filtration Piant.38 (Id. at pp. 238-239.) For these reasons, the piping work underneath the drainage rock in the lagoons constituted piping in connection with a central distributing filtration treatment station as well as underground supply lines to filter basins. Based on these facts, DLSE's reliance on the CPRs and supporting documentation concerning the hours and hourly rate paid to the workers who performed piping work, along with the PWD for the Industrial Pipefitter subclassification, USE met its burden to present evidence showing prima facie support for the finding in the Assessment that Zusser underpaid prevailing wages based on worker misclassification for piping work performed by Atwood, Dorado, Anton Fyodorov, Javier Garcia, Lopez, Eduardo Martinez, Ortiz, and Ponce.39 (DLSE Exhibit No. 1, pp. 8-14; USE Exhibit No. 4, pp. 92- 38 Fyodorov testified at hearing that the drainage rock in the lagoons filter sediments thus cleaning the water that then percolates into the ground down to the water table, 34 As the owner of Zusser, Fyodorov should not have been included in the DLSE's audit. Decision of the Director of -20- Case No. 19-0134-PWH Industrial Relations 161; DLSE Exhibit No. 10, pp. 177-236; DLSE Exhibit No. 14, pp. 246-252; DLSE Exhibit No. 15, pp. 253-272; DLSE Exhibit No. 16, pp. 273-298; DLSE Exhibit No. 17, pp. 299- 311; DLSE Exhibit No. 19, pp. 319-415; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 969-976, 1027-1033, 1267-1272; DLSE Exhibit No. 30, pp. 1367-1673; DLSE Exhibit No. 32.) DLSE also made out a prima facie case with regard to the reclassifications of other workers. it was appropriate to reclassify Eduardo Martinez to Operating Engineer Group 6 and Laborer Group 1, Dorado to Operating Engineer Group 8, and Ponce to Operating Engineer Group 6 and Laborer Groups 3 and 5, for the work these workers performed in those classifications. DLSE relied on the CPRs and supporting documentation concerning the hours and hourly rate paid to these workers, as well as the information provided to Salamero by these workers in the course of her investigation, along with the applicable scope of work provisions and PWDs for the Operating Engineer and Laborer classifications. (]bid) DLSE's conclusion is reflected in the Penalty Review and the Amended Audit Worksheet. (DLSE Exhibit No. 1, pp. 8-14; DLSE Exhibit No. 4, pp. 92-96.) DLSE also provided prima facie support for the underpayment of Coppenger, Valenzuela, and Tomas Martinez for their work as Cement Masons. As stated in the Penalty Review and Amended Audit Worksheet, and as supported by the CPRs and other wage documentation along with the PWD for the Cement Mason classification, these workers were classified as Cement Masons but were paid less than the applicable prevailing wage rate-s of $32.30 per hour. (DLSE Exhibit No. 1, pp. 8-14; DLSE Exhibit No. 4, pp. 92-96, 99, 144, 160; DLSE Exhibit No. 18, pp. 312-313; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 969-976, 1027-1033, 1267-1272; DLSE Exhibit No. 30, pp. 1367-1673.) Specifically, these workers were paid $31.85 per hour, an underpayment of $0.45 per hour. (DLSE Exhibit No. 4, pp. 99, 144, 160.) DLSE established a prima facie case for the upgrade of Gomezcruz from Laborer apprentice to journey level Laborer. Using the CPRs, Salamero determined that Gomezcruz worked on the Project as a Laborer apprentice without journeyperson Decision of the Director of -21- Case No. 19-0134-PWH Industrial Relations supervision. (DLSE Exhibit No. 1, p. 9; DLSE Exhibit No. 4, pp. 92-96, 123-124; DLSE Exhibit No. 25, pp. 813-819, 830, 832.) DLSE also relied on the CPRs and supporting pay records, as well as the applicable PWDs to show that Zusser underpaid overtime premium rates during the Project due to the reclassifications of Dorado, Lopez, and Ortiz.`i° (DLSE Exhibit No. 1, p. 1; DLSE Exhibit No. 4, pp. 92-96, 106-109, 114-117, 125-131, 145-146; DLSE Exhibit No. 25, pp. 835-836; DLSE Exhibit No. 26, pp. 938-964, 1049-1174; 1220-1258.) Based on these facts, the record shows prima facie support for DLSE's finding that Zusser failed to pay required overtime rates. DLSE made out a prima facie case that Zusser did not make required fringe benefit payments on the Project. First, Zusser failed to make any payments to a bona fide pension plan until after the Project was over. Second, Salamero testified that she found underpayment of fringe benefits resulting from the reclassification of Industrial Pipefitters and the upgrading of Gomezcruz from apprentice to journey level Laborer for work he performed on site without journeyperson supervision. Although DLSE argued that Zusser was not entitled to any credit for pension payments, Salamero gave credit to Zusser for the pension amounts and for the health and welfare benefit amounts stated on the paystubs and supported by the additional documentation provided by Zusser. (DLSE Exhibit No. 1, pp. 8-15; DLSE Exhibit No. 4, pp. 92-161; DLSE Exhibit No. 5, p. 162; DLSE Exhibit No. 25, pp. 806-895; DLSE Exhibit No. 26, pp. 896-1295; DLSE Exhibit No. 27, pp. 1296-1335; DLSE Exhibit No. 28, pp. 1336-1354.) DLSE established prima facie support for Zusser's underpayment of training fund contributions. As summarized in the Amended Audit Worksheet, and supported by the CPRs, the applicable PWDs, and Zusser's documentation of training fund contributions paid to the CAC and to the AGC Training and Apprenticeship Trust, Zusser underpaid training fund contributions for workers Coppenger, Dorado, Tomas Martinez, Ortiz, 40 For the reasons explained above, Fyodorov should not have been included in the DLSE's audit with regard to overtime. According to the Amended Audit Worksheet and Investigation Worksheets, there were two instances where Fyodorov was underpaid overtime premium rates, (DLSE Exhibit No. 4, pp. 92- 96, 114-117.) Decision of the Director of -22- Case No. 19-0134-PWH Industrial Relations Ponce, Rodriguez, and Valenzuela. (DLSE Exhibit No. 14, pp. 246-252; DLSE Exhibit No. 15, pp. 253-272; DLSE Exhibit No. 16, pp. 273-298; DLSE Exhibit No. 17, pp. 299-311; DLSE Exhibit No. 18, pp. 312-313; DLSE Exhibit No. 35, pp. 1824-1846.) These facts present evidence showing prima facie support for DLSE's finding that Zusser failed to make the required training fund contributions. Zusser Failed to Carry Its Burden of Proof to Show the Assessment Was Incorrect as to the Underpayment of Wages and Fringe Benefits. The single prevailing rate of pay for a given "craft, classification, or type of work" is determined by the Director of Industrial Relations in accordance with the standards set forth in section 1773. (Sheet Meta! Workers Intern. Assn, Local Union No. 104 v. Rea (2007) 153 Cal.App.4th 1071, 1082) (Sheet Metal Workers), The Director determines the rate for each locality in which public work is performed (as defined in section 1724), and publishes a general prevailing wage determination (PWD) for a craft, such as Tree Trimmer or Laborer, to inform all interested parties and the public of the applicable prevailing wage rates. (§ 1773.) Contractors and subcontractors are deemed to have constructive notice of the applicable prevailing wage rates. (Division of Labor Standards Enforcement v. Ericsson Information Systems(1990) 221 Cal.App.3d 114, 125 (Ericsson).) Ultimately, the Director's PWDs determine the proper pay classification for a type of work. The nature of the work actually performed, not the title or classification of the worker, is determinative of the rate that must be paid. The Department publishes an advisory scope of work for each craft or worker classification for which it issues a PWD. The decision about which craft or classification is appropriate for the type of work requires comparison of the scope of work contained in the PWD with the actual work duties performed. In response to DLSE's prima facie showing that the piping work was in the scope of work for the Industrial Pipefitter subclassification rather than the Sewer and Storm Drain Pipelayer and Sewer and Storm Drain Pipe Tradesman subclassifications, Zusser argued that the work it performed on the lagoons was not connected to the water Decision of the Director of -23- Case No. 19-0134-PWH Industrial Relations treatment functions performed by the Jensen Plant, and that Salamero was mistaken in her belief that the lagoons were part of the Jensen Plant.41 Zusser's argument was undercut by its description of the Project in its Closing Brief: Zusser was awarded a construction contract by Metropolitan Water Department ("MWD' to refurnish four existing solids lagoons on property owned by the Los Angeles Department of Water and Power ("LADWP'�. The nearby Jenson [sic] Water Treatment Plant (" JWTP") exclusively treats water and delivers to MWD for distribution. Residual solids collected from the JWTP's sedimentation basins were previously thickened onsite, transported via a temporary solids transfer system, and then air-dried at two nearby lagoons on LADWP property. (See Exs. 10 and 12.) Solids produced at the JWTP also were discharged in the City of Los Angeles Sanitary Sewer System. However, sewer disposal is expensive and is limited by the "discharge permit." (See Ex. 12.) To solve this problem MSD sought to refurnish 4 lagoons owned by LADWP... (Zusser Closing Brief, 2:4-14.) This description contradicts Fyodorov's testimony that he was unaware of the connection between Jensen Plant and the lagoons, the purpose of the lagoon refurbishment project, or the sources of water into the lagoons. Zusser contends that it "performed no work outside of the lagoons nor was there any pipeline connection with any outside facility including the JWTP." (Id. at 3:1-2.) However, Salamero testified that the workers she interviewed during the course of her investigation advised her that the lagoons were part of the Jensen Plant. This is further supported by MWD's description of the lagoon project as the second component of the construction of MWD's new solids handling system, with the first component of the solids handling system being the construction of a solids transfer pipeline from the Jensen Plant to the four LADWP lagoons to be refurbished for MWD use.42 (DLSE 41 Zusser appears to rely on the reclassification of Industrial Pipefitters to dispute the entirety of the Assessment. However, as discussed above, the Assessment is not solely based on the reclassification of Industrial Pipefitters. 42 Zusser takes issues with DLSE Exhibit No. 12, the MWD Board of Directors Engineering and Operations Committee Board Meeting memo dated January 13, 2015, which Salamero obtained from the MWD website after Fyodorov received the Assessment and emailed her advising that the Jensen Plant was not Decision of the Director of -24- Case No. 19-0134-PWH Industrial Relations Exhibit No. 12, pp. 238-239.) Fyodorov's self-serving testimony that he had no understanding of the connection between Jensen Plant and the lagoons or of the purpose of the lagoon refurbishment project must be discounted, particularly in light of his admission that he would not be surprised to learn that the purpose of the lagoons was to handle the solids discharge from the Jensen Plant. 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. There is no credible evidence that the piping work performed on the lagoons was related to sewer or storm drain piping work.43 Based on the scopes of work for the Plumber subclassifications and the totality of the evidence, the reclassification of workers from Sewer and Storm Drain Pipelayer and Sewer and Storm Drain Pipe Tradesman to Industrial Pipefitter was proper. Zusser does not dispute DLSE's reclassification of workers who performed work in the Operating Engineer and Laborer classifications, and does not dispute DLSE's determination that Zusser underpaid workers classified as Cement Masons. While Zusser argues that Gomezcruz was always supervised on the Project by a journey level Laborer or Sewer and Storm Drain Pipelayer, the CPRs show that he was classified as a Laborer apprentice and that he worked without supervision by a journey level Laborer. connected to the lagoons, (DLSE Exhibit No. 31, pp. 1674-1676.) It is undisputed that Salamero did not consider DLSE Exhibit No, 12 in issuing the Assessment. Instead, Salamero testified that she relied on the information she obtained from the workers during the course of the investigation that the lagoons were connected to the Jensen Plant. Salamero testified that DLSE Exhibit No. 12 further reinforced her reasoning for her reclassification of the workers who performed piping work on the Project. 43 To the extent that Zusser contends that the Sewer and Storm Drain subclassifications is applicable because it covers all underground piping work inside property lines, there is no evidence that the four lagoons are within the property lines of MWD. Instead, the evidence shows that the four lagoons are located on the property of LADWP. (See DLSE Exhibit No. 12, p. 238.) Decision of the Director of -25- Case No. 19-0134-PWH Industrial Relations Zusser offers no legal or factual support for its contention that a Laborer apprentice may be appropriately supervised by a journey level Plumber. Zusser offers no argument with regard to DLSE's finding of underpayment of overtime premium rates. The underpayment of overtime premium results from the misclassification of Sewer and Storm Drain Pipelayers and Sewer and Storm Drain Pipe Tradesman. For the reasons stated above, Zusser has not met its burden of proof with regard to DLSE's reclassification of workers to Industrial Pipefitter. Zusser contends that it paid the correct amount of fringe benefits based on its classification of workers on the Project. DLSE's determination of underpayment of fringe benefits is based on the reclassification of Industrial Pipefitters and the reclassification of Gomezcruz from Laborer apprentice to Laborer journeyperson. As discussed previously, Zusser failed to meet its burden of proving that the reclassification of workers was incorrect. Zusser also failed to meet its burden of proving that DLSE's calculation of underpaid fringe benefits and application of credit for Zusser's fringe benefit payments were incorrect. For these reasons, with regard to the wages and fringe benefits, Zusser failed its "burden of proving that the basis for the Civil Wage and Penalty Assessment ... is incorrect." (Cal. Code Regs., tit. 8, § 17250, subd. (b).) Accordingly, the Assessment with regard to unpaid prevailing wages is affirmed and modified to exclude Fyodorov, such that Zusser is liable for $171,476.08 in unpaid wages and fringe benefits.44 Zusser Failed to Carry Its Burden of Proof to Show the Assessment Was Incorrect as to Failure to Pay Training Fund Contributions. Section 1777.5, subdivision (m)(1), requires contractors on public works projects who employ journeypersons or apprentices in any apprenticeable craft to pay training fund contributions to the CAC or to an apprenticeship committee approved by the Division of Apprenticeship Standards (DAS). DLSE stated a prima facie case of underpayment of training fund contributions for Coppenger, Dorado, Tomas Martinez, 44 This is the amount of the total unpaid wages and fringe benefits identified in the Amended Audit Worksheet, $188,363.85, less the $16,887.77 in unpaid wages and fringe benefits attributed to Fyodorov. (DLSE Exhibit No. 4, p, 92.) Decision of the Director of -26- Case No. 19-0134-PWH Industrial Relations Ortiz, Ponce, and Rodriguez. Zusser contends that it correctly paid training fund contributions based on its classification of Sewer and Storm Drain Pipelayer and Sewer and Storm Drain Pipe Tradesman. However, for the reasons stated previously, Zusser has not met its burden of proving that DLSE's reclassification of workers was incorrect. Moreover, the CPRs show that Coppenger and Tomas Martinez were classified as Cement Masons, Ortiz was classified as a Laborer, and Rodriguez was classified as a Laborer and Operating Engineer. Zusser does not address the underpayment of training fund contributions for these workers who were not reclassified as Industrial Pipefitter. Therefore, Zusser failed its burden of showing that the Assessment is incorrect as to its failure to pay training fund contributions, and Zusser is therefore liable for underpaid training fund contributions in the amount of $1,725.32. (Cal. Code Regs., tit. 8, § 17250, subd. (b).) Zusser Failed to Prove the Labor Commissioner Abused Her Discretion in Assessing Penalties Under Section 1775. Section 1.775, subdivision (a), states in relevant part: (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (1) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. Decision of the Director of -27- Case No. 19-0134-PWH Industrial Relations (B) (i) The penalty may not be less than forty dollars ($40) ... unless the failure of the contractor ... to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor ... (ii) The penalty may not be less than eighty dollars ($80) ... if the contractor ... has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (Ili) The penalty may not be less than one hundred twenty dollars ($120)... if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. 45 (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. Abuse of discretion by DLSB is established if the "agency's nonadjudicatory action ... is inconsistent with the statute, arbitrary, capricious, unlawful or contrary to public policy." (Pipe Trades v. Aubry(1996) 41 Cal.App.4th 1457, 1466.) In reviewing for abuse of discretion, however, the Director is not free to substitute his or her own judgment "because in [his or her] own evaluation of the circumstances the punishment appears to be too harsh:" (Pegues v. Civil Service Commission (1998) 67 Cal.App.4th 95, 107.) A contractor or subcontractor has the same burden of proof with respect to the penalty determination as to the wage Assessment. Specifically, "the Affected Contractor or Subcontractor shall have the burden of proving that the Labor Commissioner abused his or her discretion in determining that a penalty was due or in determining the amount of the penalty." (Cal. Code Regs,, tit. 8, § 17250, subd. (c).) 45 Section 1777.1 defines a willful violation as one in which "the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions," Decision of the Director of -28- Case No. 19-0134-PWH Industrial Relations DLSE assessed section 1775 penalties at the rate of $200.00. The burden was on Zusser to prove that DLSE abused its discretion in setting the penalty amount under section 1775. Although Zusser disputed that it had misclassified workers for the piping work or that it had underpaid wages, fringe benefits, or training fund contributions, it provided no compelling or probative evidence establishing that the workers had not been misclassified or underpaid, for the reasons addressed above. While Zusser argued that there were no prior Director's decisions finding that Zusser violated prevailing wage requirements, it is undisputed that DLSE had previously issued two assessments against Zusser for prevailing wage violations prior to the acceptance date of this Project. Zusser provided no evidence of abuse of discretion by DLSE in its selection of the penalty rate. Section 1775, subdivision (a)(2), grants the Labor Commissioner the discretion to mitigate the statutory maximum penalty per day in light of prescribed factors, but it does not mandate mitigation in all cases. Further, the Director is not free to substitute her own judgment. Zusser has not shown an abuse of discretion in the rate selected by the Labor Commissioner. Accordingly, the assessment of section 1775 penalties at the rate of $200.00 is affirmed, except that the total amount must be reduced by the section 1775 penalties assessed on behalf of Fyodorov. Zusser is liable for section 1775 penalties in the amount of $248,400.00. 46 Zusser Failed to Carry Its Burden of Proof to Show the Assessment Was Incorrect as to Failure to Pay Overtime Premiums. Section 1815 states: [w]ork performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. Section 1813 states: The contractor or any subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution 46 This amount is the total section 1775 penalties in the amount of $277,600.00 less the $29,200.00 in penalties attributed to Fyodorov. (DLSE Exhibit No. 4, pp. 92.) Decision of the Director of -29- Case No. 19-0134-PWH Industrial Relations of the contract by the ... contractor ... for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Section 1813 prescribes a penalty of $25.00 per calendar day for each worker found to have worked overtime without having been paid at the applicable hourly overtime wage rate. DLSE's unrebutted evidence established four such violations by Zusser, as the two instances that Fyodorov was underpaid overtime premium rates must be subtracted. (DLSE Exhibit No. 4, p. 92.) Accordingly, the $150.00 penalty under section 1813 is reduced to $100.00. Zusser Is Liable for Liquidated Damages. Section 1742.1, subdivision (a), provides for the imposition of liquidated damages, as follows: After 60 days following the service of a civil wage and penalty assessment under Section 1741 ... , the affected contractor, subcontractor, and surety ... shall be liable for liquidated damages in an amount equal to the wages, or portion thereof, that still remain unpaid. If the assessment . .. subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid .. . At the time the Assessment was issued, the statutory scheme regarding liquidated damages provided contractors two alternative means to avert liability for liquidated damages (in addition to prevailing on the case, or settling the case with DLSE agreeing to waive liquidated damages). Under section 1742.1, subdivision (a), the contractor has 60 days to decide whether to pay the workers all or a portion of the wages assessed in the civil wage penalty assessment, and thereby avoid liability for liquidated damages on the amount of wages so paid. Under section 1742.1, subdivision (b), a contractor may entirely avert liability for liquidated damages if, within 60 days from issuance of the civil wage penalty assessment, the contractor deposits with the Department of Industrial Relations the full amount of the assessment of unpaid wages, including all statutory penalties. Decision of the Director of -30- Case No. 19-0134-PWH Industrial Relations In this case, Zusser neither paid any back wages in response to the Assessment, nor deposited with the Department the assessed wages and statutory penalties. Accordingly, Zusser is liable for liquidated damages under section 1742.1 for the unpaid prevailing wages found in this Decision in the amount of $171,476.08. Zusser Failed to Comply with the Apprenticeship Requirements of Section 1777.5. Sections 1777.5 through 1777.7 set forth the statutory requirements governing the employment of apprentices on public works projects. These requirements are further addressed in regulations promulgated by the CAC. (Cal. Code Regs., tit. 8, §§ 227 to 231.) In general, and unless an exemption applies, section 1777.5 and the applicable regulations require the hiring of apprentices to perform one hour of work for every five hours of work performed by journeypersons in the applicable craft or trade. (Cal. Code Regs., tit. 8, § 230.1, subd. (a).) Prior to commencing work on a contract for public works, every contractor must submit contract award information to applicable apprenticeship programs that can supply apprentices to the project. (§ 1777.5, subd. (e).) "The information shall be provided to the applicable committees "within ten (10) days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed ..." (Cal. Code Regs., tit. 8, § 230, subd. (a).) DAS has prepared a form, the DAS 140 form, that a contractor may use for that purpose. A contractor does not violate the requirement to employ apprentices in the 1:5 ratio if it has properly requested dispatch of apprentices and no apprenticeship committee in the geographic area of the public works project dispatches apprentices during the pendency of the project, provided the contractor made the request in enough time to meet the required ratio. The request for dispatch must be made by "written notice of at least 72 hours (excluding Saturdays, Sundays, and holidays) before the date on which one or more apprentices are required." (Cal. Code Regs., tit. 8, Decision of the Director of -31- Case No. 19-0134-PWH Industrial Relations § 230.1, subd. (a).) DAS has prepared another form, the DAS 142 form, that a contractor may use to request dispatch of apprentices from apprenticeship committees. In this matter, the record demonstrates that Zusser violated the apprenticeship requirements. The Laborer, Plumber, Cement Mason, and Operating Engineer classifications are apprenticeable crafts, and it is undisputed that Zusser did not employ any apprentices for the Plumber and Cement Mason crafts, and that Zusser did not employ sufficient laborer apprentices in the required ratio. It is also undisputed that Zusser did not submit contract award information to all of the applicable apprenticeship committees for the Plumber and Cement Mason crafts, and that Zusser did not request dispatch of apprentices to all applicable apprenticeship committees for any of the crafts. The basis for DLSF's assessment of apprenticeship violations was Zusser's failure to submit contract award information and requests for dispatch to the applicable apprenticeship committees for the Plumber classification. Accordingly, the record establishes that Zusser violated the ratio requirement of section 1777.5 subdivision (g), the notice requirement of section 1777.5, subdivision (e), and the related regulations, sections 230 and 230.1. Therefore, Zusser is subject to penalties under section 1777.7. Zusser Failed to Prove the Labor Commissioner Abused Her Discretion in Assessing Penalties Under Section 1777.7. If a contractor "knowingly violate[s] Section 1777.5" a civil penalty is imposed under section 1777.7. Section 1777.7 provides, in relevant part: (a) (1) If the Labor Commissioner or his or her designee determines after an investigation that a contractor or subcontractor knowingly violated Section 1777.5, the contractor and any subcontractor responsible for the violation shall forfeit, as a civil penalty to the state or political subdivision on whose behalf the contract is made or awarded, not more than one hundred dollars ($100) for each full calendar day of noncompliance. The amount of this penalty may be reduced by the Labor Commissioner if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation within a three-year period, if the noncompliance results in apprentice training not being provided as required by this Decision of the Director of -32- Case No. 19-0134-PWH Industrial Relations chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance. (§ 1777.7, subd. (a)(1).) The phrase quoted above -- "knowingly violated Section 1777.5" -- is defined by the regulation, section 231, subdivision (h), as follows: For purposes of Labor Code Section 1777.7, a contractor knowingly violates Labor Code Section 1777.5 if the contractor knew or should have known of the requirements of that Section and fails to comply, unless the failure to comply was due to circumstances beyond the contractor's control. There is an irrebuttable presumption that a contractor knew or should have known of the requirement of Section 1777.5 if the contractor had previously been found to have violated that Section, or the contract and/or bid documents notified the contractor of the obligation to comply with Labor Code provisions applicable to public works projects, or the contractor had previously employed apprentices on a public works project. (Cal. Code Regs., tit. 8, § 231, subd. (h).) Failure to provide a contract award notice is a continuing violation for the duration of the work, starting no later than the first day in which the contractor has workers employed upon the public work, and ending when a notice of completion is filed by the awarding body. (Cal. Code Regs., tit. 8, § 230, subd. (a).) Penalties for that failure, as well as failure to meet the required 1:5 ratio, can be assessed "for each full calendar day of noncompliance ..." (§ 1777.7, subd. (a)(1).) The determination of the Labor Commissioner as to the penalty is reviewable only for an abuse of discretion. (§ 1777.7, subd. (d).) A contractor or subcontractor has the same burden of proof with respect to the penalty determination as to the wage assessment, namely, the affected contractor has the burden of proving that the basis for assessment is incorrect. (Cal. Code Regs., tit. 8, § 17250, subd. (b).) Zusser did not submit contract award information to all of the applicable apprenticeship committees for the Plumber and Cement Mason crafts, and Zusser did not request dispatch of apprentices to all applicable apprenticeship committees for any of the crafts USE calculates the calendar days of noncompliance with the ratio requirement based on the number of journeyperson calendar days of work on the Project in the craft at issue. Zusser "knowingly violated" the requirement of a 1:5 ratio of apprentice hours Decision of the Director of -33- Case No. 19-0134-PWH Industrial Relations to journeyperson hours because it employed no Plumber or Cement Mason apprentices, and employed insufficient Laborer apprentices. The irrebuttable presumption that Zusser knew or should have known of the apprenticeship requirements of section 1777.5 applies because Zusser was issued prior assessments for apprenticeship violations and because the notice of bid notified Zusser of its obligation to comply with the California Labor Code, including prevailing wage requirements. (DLSE Exhibit No. 11, p. 237.) Since Zusser was aware of its obligations under the law yet failed to submit contract award information or request for dispatch of apprentices to the applicable apprenticeship committees, Zusser failed to meet its burden of proof by providing evidence of compliance with section 1777.5. Since Zusser knowingly violated the law, a penalty should be imposed under section 1777.7. DLSE imposed a penalty rate of $80.00 per violation for 750 calendar days of noncompliance, based on the first day a Plumber worked on site at the Project, to the last day a Plumber worked on site according to the CPRs. (DLSE Exhibit No. 25, pp. 806, 895.) Zusser did not show an abuse of discretion under section 1777.7, subdivision (d), as to either the penalty rate or those number of days of violations as found in the Assessment. Accordingly, penalties at the rate of $80.00 for 750 days in the amount of $60,000.00 is affirmed. Based on the foregoing, the Director makes the following findings: FINDINGS AND ORDER 1. The work subject to the Civil Wage and Penalty Assessment was performed on a public work and required the employment of apprentices and the payment of prevailing wages under the California Prevailing Wage Law, Labor Code sections 1720 through 1861. 2. The Labor Commissioner timely served the Civil Wage and Penalty Assessment. 3. The Request for Review was timely filed. Decision of the Director of -34- Case No. 19-0134-PWH Industrial Relations 4. The Labor Commissioner's enforcement file was requested and produced in a timely fashion. 5. Zusser Company, Inc. did not timely pay its employees the correct prevailing wage rates for all hours worked on the LADWP Lagoon Refurbishment Project in the amount of $171,476.08. 6. Zusser Company, Inc. did not properly classify workers for all work performed on the Project, 7. Zusser Company, Inc. did not properly pay the required overtime premium rates to workers on the Project. 8. Zusser Company, Inc. did not properly pay the required training fund contributions for all hours worked on the Project in the amount of $1,725.32. 9. Zusser Company, Inc. was given credit towards the prevailing wage requirements for fringe benefit contributions. 10. Zusser Company, Inc. is liable for penalties assessed pursuant to Labor Code section 1775 in the amount of $248,400.00. 11. Zusser Company, Inc. failed to establish that the Labor Commissioner abused her discretion in assessing penalties pursuant to section 1775. 12. Zusser Company, Inc. is liable for penalties assessed pursuant to Labor Code section 1813 in the amount of $100.00. 13. Zusser Company, Inc. is liable for liquidated damages on wages found due and owing in the amount of $171,476.08. 14. Zusser Company, Inc. failed to submit contract award information to all applicable apprenticeship committees for the crafts of Plumber and Cement Mason in a timely and factually sufficient manner. 15. Zusser Company, Inc. failed to employ apprentices in the required minimum ratio of apprentices to journeypersons on the Project for the crafts of Plumber, Cement Mason, and Laborer. Decision of the Director of -35- Case No. 19-0134-PWH Industrial Relations 16. Zusser Company, Inc. is liable for penalties assessed pursuant to Labor Code section 1777.7 in the amount of $60,000.00. 17. Zusser Company, Inc. failed to establish that the Labor Commissioner abused her discretion in assessing penalties pursuant to section 1777.7. 18. The amount found due under the Assessment is as follows: Basis of the Assessment Amount Wages Due: $171,476.08 Training Fund Contributions Due: $ 1,725.32 Penalties under section 1775: $248,400.00 Penalties under section 1813: $ 100.00 �- Liquidated damages: $171,476.08 Penalties under section 1777.7 $ 60,000.00 TOTAL: $653,177.48 In addition, interest is due and shall continue to accrue on all unpaid wages as provided in section 1741, subdivision (b). The Civil Wage and Penalty Assessment is affirmed and modified as set forth in the above Findings. The Hearing Officer shall issue a Notice of Findings that shall be served with this Decision on the parties. Dated: 8/18/2022 Katrina S. Hagen, 61r6 for California Department of Industrial Relations Decision of the Director of -36- Case No. 19-0134-PWH Industrial Relations ITEM NO. 11 TO: FROM: SAID GABRIEL "" b DATE: JAT4"J� SUBJECT Honorable Mayor and Members of the City Council Rose Tam, Director of Finance March 6, 2024 Fiscal Year 2023-24 Mid -Year Budget Review SUMMARY The purpose of this report is to provide the City Council with the mid -year budget performance and a projection for the remainder of the fiscal year. RECOMMENDATION it is recommended that the City Council: 1. Review the mid -year analysis and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2024, and 2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations. FISCAL IMPACT Based on the projections, the total General Fund revenues will be $39,101,544 and expenditures will be $37,325,184. The General Fund revenue exceeds expenditures resulting in an estimated surplus of $1,776,360. The General Fund revenue is projected to increase by $2,569,056 from the original adopted budget and expenditures to increase by $899,607. The total Special Revenue and Other Funds revenues will be $87,009,924 and expenditures will be $104,916,909 which includes all capital improvement projects and ARPA funded projects through June 30, 2024. BACKGROUND A mid -year budget review is a tool that provides the City Council and staff with an opportunity to review the status of the current budget and determine if any mid -course adjustments are necessary. Additionally, the City's Fiscal Accountability Policy states that a mid -year budget review is to be prepared by staff and presented to the City Council. The mid -year budget report estimates the revenues, expenditures, and projected fund balances at the end of the fiscal year ending June 30, 2024. The original adopted General Fund revenues were $36,532,488 and are revised to $39,101,544. Based on better- than-expected revenues received as of January 2024, we project the total revenues will increase by $2,569,056. One of the large increases in revenues is from a one-time contract modification fee in the amount of $1M from Waste Management. The other increases are mainly from property tax in lieu of VLF, sales tax, SB 211 pass through, franchise tax, utility users tax, interest earnings from investment, design review fees, and Recreation fees. Measure BP was approved by Baldwin Park voters in the November 2022 General Election. Revenue from it started on April 1, 2023. We have projected $6 million in revenue from Measure BP for the 23/24 Fiscal Year. While revenue remittances from the California Department of Tax and Fee Administration (CDTFA) have yet to normalize in a stable pattern, we believe that we will meet the projected revenue of $6million for this fiscal year. Page 1 / 2 The original adopted General Fund expenditures were $36,425,577 and are revised to $37,325,184 with an increase of $899,607. The increases in expenditures are mainly due to cost increase from animal control service fees, utilities, and maintenance and repairs. The Executive Team and City staff will continue to proactively monitor and control expenditures and strive to seek additional revenues. We remain committed to supporting the City Council as we collaboratively work towards enhancing the future prospects of both the citizens and business owners of Baldwin Park. LEGAL REVIEW None Required. ATTACHMENTS 1. Fiscal Year 2023-2024 Projected Fund Balance at June 30, 2024 (including projected revenues and expenditures) Page 2 / 2 City of Baldwin Park Fiscal Year 2023-2024 Projected Fund Balance at June 30, 2024 (Includes Midyear Adjustments) Projected 2024 2024 2024 2024 Projected Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/2023 Revenues Transfers In Expenditures Transfers Out 06/30/2024 General Fund: 100 General Fund 42,077,020 38,587,544 514,000 36,611,692 713,492 43,853,379 200 Future Development Fund 5,746,673 44,360 - 2,470,793 - 3,320,240 210 Community Enhancement Fund 538,938 100,000 - 107,500 - 531,438 Subtotal - General Fund $ 48,362,631 $ 38,731,904 $ 514,000 $ 39,189,985 $ 713,492 $ 47,705,057 Internal Services Funds: 401 Information and Support Services 776,146 832,658 - 1,296,673 - 312,132 402 Fleet Services 944,768 549,304 1,493,742 331 403 Internal Insurance (7,787,886) 5,066,133 5,039,794 (7,761,547) 404 Capital Equipment (3,791) - - (3,791) Subtotal - Internal Services Funds $ (6,070,763) $ 6,448,095 $ $ 7,830,208 $ $ (7,452,876) Special Restricted, Funds: 110 Measure BP Sales Tax (TUT) 1,735,186 6,000,000 - 7,735,186 205 Federal Asset Forfeiture 140,147 - 57,043 83,104 206 State Asset Forfeiture 56,068 - 49,000 7,068 207 Local Law Enforcement Block Grant 15,648 - - 15,648 208 Law Enforcement Development Impact 80,449 20,600 25,000 76,049 209 AB74 Public Safety Enhancement 153,883 - 50,000 103,883 220 Community Development Block Grant 294,555 1,990,274 1,980,163 304,666 221 H.O.M.E. (Home Investment Partnership Program) 6,914,655 3,319,758 3,309,119 6,925,295 222 CAL Home 159,447 100 - 159,547 223 Economic Development Act Revolving Loan - - - - 230 AB1693 Business Improvement Fees 39,150 135,200 152,125 22,225 231 Air Quality Management (103,624) 188,000 197,548 (113,172) 232 Residential Development Fee 4 - - 4 233 Economic Development Grant 554 - - 554 234 Park Fees (Quimby Act) 2,820,992 205,000 2,267,031 758,961 235 General Plan Fees 721,749 162,000 30,382 535,612 378,519 236 Public Art Fees 256,190 33,000 - 36,000 253,190 237 Cannabis Mitigation Fee (19,225) 450,000 - 206,000 244,000 (19,225) 240 Gasoline Tax (249,968) 2,036,726 2,029,458 - (242,700) 241 Surface Transportation Program 936,752 - 989,000 - (52,248) 242 Traffic Congestion Relief - - - - - 243 Bicycle and Pedestrian Safety 15 82,901 - 82,916 244 Proposition A 599,436 2,264,186 2,223,617 640,006 245 Proposition C 1,168,684 1,708,584 2,770,335 106,934 246 AB939 Integrated Waste Management 49,573 643,000 628,923 63,651 247 Oil Recycling Grant (3,724) 10,000 17,468 (11,192) 249 Storm Drains NPDS 83,389 175,100 173,415 85,074 250 Assessment District 404,523 14,630 - 419,153 251 Street Lighting and Landscape 671,347 1,792,200 2,461,043 2,504 252 Parks Maintenance Assessment District (308) 868,800 125,147 1,019,947 (26,308) 253 Proposition A - Parks - 60 - - 60 254 Measure R Local Return 1,335,915 1,280,938 - 2,540,344 - 76,509 255 Measure M 508,207 1,446,797 854,742 1,850,035 592,169 367,542 256 SB1 Road Repair & Accountability 1,759,769 1,789,266 - 3,535,511 - 13,524 257 Traffic Mitigation Fees (9,621) 1,600 - - (8,021) 258 Measure W 2,390,940 12,975,690 - 10,521,866 - 4,844,764 259 Measure H 110,250 - - 110,250 260 Summer Lunch Program - - - - 270 Grants Fund (5,701,183) 25,063,500 23,106,833 30,382 (3,774,897) 271 Police Grants Fund 14,641 570,017 568,817 - 15,840 275 American Rescue Plan Act 15,867,100 10,000 14,245,489 270,000 1,361,611 278 Measure W Grant - - - - - 280 Cooperative Agreements Contributions 31,475 15,000 15,000 - 31,475 301 Building Reserve 10,213 - - 10,213 450 BPROUD Utility District 356,349 - 51,000 - 305,349 Subtotal Special Funds $ 33,599,603 $ 65,252,927 $ 1,010,270 $ 77,612,740 $ 1,136,550 $ 21,113,509 TOTAL GENERAL, INTERNAL SF.RV., & SPECIAL FUNDS: $ 75,891,470 $ 110,432,926 $ 1,524,270 $ 124,632,933 $ 1,850,043 $ 61,365,691 Attachment 1 Projected 2024 2024 2024 2024 Projected Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/2023 Revenues Transfers In Expenditures Transfers Out 06/30/2024 Financing Authority Funds: 601 Debt Service 36,393 - - 36,393 610 COP Lease Payment - 588,346 588,346 - 625 Gas Tax Debt Service (0) - - (0) 635 BPFA/PM 2003 Tax Alloc 33,104 33,104 637 BPFA/CBD 1990 Refunding Loan 143 143 650 Pension Obligation Bond 3,355 - 3,355 651 Pension Obligation Bond 2019 191,917 3,844,972 - 3,844,972 - 191,917 660 Measure M Rev Bond 3,725,348 - 592,169 592,169 854,742 2,870,607 Subtotal Financing Authority Funds $ 3,990,261 $ 3,844,972 $ 1,180,514 $ 5,025,487 $ 854,742 $ 3,135,519 Successor Agency Funds: 800 RDA Obligation Retirement $ $ $ $ $ $ Capital Projects 806 Sierra Vista Capital Prj 1,851,424 107,043 107,043 1,851,424 Subtotal Capital Projects $ 1,851,424 $ $ 107,043 $ 107,043 $ $ 1,851,424 Debt Service 838 BP Merged 2000 Refinance (347,335) 1,090,263 - 973,414 107,043 (337,529) Subtotal Debt Service $ (347,335) $ 1,090,263 $ $ 973,414 $ 107,043 $ (337,529) Low/Mod Housing 890 Low/Mod Income Housing 11,323,821 272,399 910,565 - 10,685,655 Subtotal Low/Mod Housing $ 11,323,821 $ 272,399 $ $ 910,565 $ - $ 10,685,655 TOTAL SUCCESSOR AGENCY FUNDS: $ 12,827,910 $ 1,362,662 $ 107,043 $ 1,991,022 $ 107,043 $ 12,199,549 Housing Authority 901 Housing Voucher Choice 213,141 7,269,524 - 7,532,643 - (49,978) 902 Housing Authority American Rescue Plan Act (9,434) 249,133 - 30,930 - 208,769 905 Public Housing 392,710 78,774 30,825 186,427 - 315,882 910 CIAP - 30,825 - - 30,825 - Subtotal Housing Authority Funds $ 596,417 $ 7,628,256 $ 30,825 $ 7,750,000 $ 30,825 $ 474,673 COMBINED GRAND TOTAL - ALL FUNDS $ 93,306,057 $ 123,268,816 $ 2,842,652 $ 139,399,441 $ 2,842,652 $ 77,175,432 Attachment 1 (Continued)