Professional Services Agreement.pdf — Fontana City Council, May 9, 2023

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1 CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
SP-75-DE-23

This Agreement is made and entered into as of 10th day of May , 2023 by and between the City of Fontana , a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and C.W. Driver , Inc., a Corporation with its principal place of business at 11879 Sebastian Way, Suite 101, Rancho Cucamonga, CA 91730 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Downtown Parking Structure Project (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described as in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $398,230.00 [Three hundred ninety-eight thousand, two hundred thirty dollars and no cents]. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in 99999.91910\40791408.1

2 the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertai ning to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from May 10, 2023 to May 9, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of th is Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be c onsidered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditi ons; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant s hall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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3 8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liabilit y Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
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4 (7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4 ) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times d uring the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/sh e is aware of the provisions of Section 3700 of the California 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 he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall main tain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the 99999.91910\40791408.1

5 period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 - S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
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6 g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercia l General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self -insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies require d shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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7 i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not co mply with these specifications or is canceled and not replaced, 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 Consultant or City will withhold amounts sufficient t o pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum l imits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consulta nt’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a fi nal adjudication by a court of 99999.91910\40791408.1

8 competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may al so be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Dep artment of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issue d by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and f ederal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub - subconsultants to comply with the same.
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9 15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, draw ings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed pri or to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all origi nal field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Alicia Gonzalez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
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10 CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Christopher Smethurst, Department
of Engineering

CONSULTANT:

C.W> Driver, Inc.
11879 Sebastian Way, Suite 101
Rancho Cucamonga, CA 91730
Attn: Tom Jones

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant repres ents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with resp ect to those ma tters covered hereunder. Each P arty acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may n ot be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, admi nistrators and assigns of each P arty to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the p rior written consent of City. Any attempted assignment without such consent shall be invalid and void. 99999.91910\40791408.1

11 27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants 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, Consultant warra nts that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, 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 right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or he r service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Federal Requirements
When funding for the s ervices is provided, in whole or in part, by an agency of the federal government, C onsultant shall also fully and adequately comply with the p rovisions included in Exhibit “ C” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict betwee n such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
C.W. DRIVER, INC.

By:
[NAME]
[TITLE]

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Phillip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________
Gia Kim
Director of Engineering / City Engineer

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Purchasing Office

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13 EXHIBIT A
Scope of Services

Request for Proposal for
City of Fontana

DOWNTOWN PARKING STRUCTURE

PROJECT
Construction Management Services
SP-88-DE-23

MARCH 2, 2023

CONTENTS
Cover Letter
01 Firm Overview
02 Work Plan
03 Project Team
04 References
05 Cost Proposal
We invite you to learn more about
C.W. Driver’s capabilities by
scanning the QR code with
your smart device or by visiting
our website: www.cwdriver.com

March 2, 2023

Sid Lambert, Purchasing Office
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335

Re: Request for Proposal for Construction Management Services Downtown Parking Structure Project SP-88-DE-23

Dear Mr. Lambert,

On behalf of C.W. Driver, we are excited for the opportunity to be considered for the City of Fontana Downtown Parking Structure Project. We are prepared to work with your team and to provide complete construction management services to deliver this four-tier parking structure for the City.

C.W. Driver has a 104-year history building in Southern California with significant experience in the Inland Empire Totaling over $750 million. With our local office in Rancho Cucamonga, we have a vested interest in the economic development in the region, and we have the resources and experience to complete your Downtown Parking Structure Project. Our team has demonstrated successfully meeting aggressive schedules and keeping projects within budget. Our experience in parking structures and projects for civic clients translates into our ability to successfully complete your planned project. C.W. Driver is prepared to engage in a collaborative environment with the City of Fontana to move this project forward.

Our proposal includes a detailed overview of our relevant experience, team resumes, and our project approach. Project Executive, Tom Jones, will lead our team and brings over 33 years of professional experience in the industry. Along with Tom, you will also have the full support from our executive management team who are motivated and committed to ensuring the success of this project.

Selecting C.W. Driver will guarantee you the highest level of performance and dedication to completing a successful project. We are committed to contributing to the economic development of the local community and are dedicated to encouraging the hiring of local trade contractors, vendors, and material houses within the city and surrounding community. We have a long history of collaborative achievements and are committed to acting as an extension of your staff to bring the best value to the City of Fontana.

If you have any questions, do not hesitate to contact Tom Jones at (323) 864-4491 or via email:
[email protected].

Sincerely,

Dana Roberts
Chairman and Chief Executive Officer

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 1 C.W. Driver
01 | FIRM OVERVIEW

FIRM OVERVIEW
01 1. Identification of the offering firm including name, address, telephone, fax number , and email address;
Company Name: C.W. Driver
Address: 11879 Sebastian Way, Ste. 101
Rancho Cucamonga, CA 91730
Telephone: 909.945.1919
Fax: 909.945.1955

2. Name, title, address and telephone number of contact person during the evaluation period;

PRIMARY CONTACT
Tom Jones, Project Executive, will be
our primary point of contact and will be
authorized to make recommendations
and decisions regarding the work. As
requested, his contact information is
below:

Tom Jones - Project Executive
T. 323.864.4491 E. tjones@cwdriver .com

ENR CALIFORNIA
#22 TOP

CONTRACTING
FIRM 2022

BEST COMPANIES

GROUP SOCAL
#1 BEST PLACES
TO WORK 2022

ENR CALIFORNIA
#15 TOP
PUBLIC

SECTOR FIRM
2022
C.W. DRIVER HISTORY
Founded in 1919 by Clarence Wike (C.W.) Driver
and John MacDonald, C.W. Driver has built a solid
reputation of stability and integrity for over one
hundred years. The company flourished in the 1920’s,
building a number of California’s landmarks, including
the Wilshire Methodist Church, Marymount College
(now a part of Loyola Marymount University) and the
Adamson House in Malibu. By the 1950’s, C.W. Driver
had developed a broad base of new construction and
renovation experience, providing services in General
Contracting, Construction Management, and Design-
Build. C.W. Driver is a leader in the civic market and is currently ranked as the #15 top public sector builder by ENR California.

CONSTRUCTION MANAGEMENT AND CIVIC

EXPERIENCE
C.W. Driver is well-versed in the providing Construction Management Agency Services, having completed
over 30 projects under this delivery method. Our
firm’s philosophy regarding the CM-Agency delivery
method is based on strategic partnerships and existing
relationships. Our team is committed to a highly
integrated management approach that supports and
encourages team collaboration to achieve shared
project goals.

C.W. Driver has been the construction manager on
over 50 civic projects in Southern California including projects for the City of Montclair , City of Rancho
Cucamonga, and City of Moreno Valley. Our strong
portfolio of civic projects, many for repeat clients, is a testament to our ability to successfully manage the
construction of your project.

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 2 C.W. Driver
01 | FIRM OVERVIEW

CIVIC PROJECTS VALUE CIVIC PROJECTS VALUE
City of Newport Beach - Civic Center and Parking
Structure $116,866,182 City of Whittier - Whittier Central Library, Remodel & Improvement $14,600,000
City of Rancho Cucamonga - Victoria Gardens Cultural
Center and Parking Structure $45,900,000 Coachella Valley Water District - Palm Desert Administrative Facility $13,584,678
City of Cerritos Redevelopment Agency - Cerritos
Library $39,864,321 Jurupa Community Services District - Eastvale Community Center $11,306,235
City of Palmdale - Aquatics Park & Recreation Complex $36,702,467 City of Moreno Valley - Sports & Community Center $11,000,000 City of La Mirada - Splash! La Mirada Regional Aquatic
Center and Sheriff Station $35,367 ,214 City of Redondo Beach - Library $10,726,542 City of Montclair - Police Facility $25,403,000 City of Cerritos Redevelopment Agency - Cerritos Civic Center Parking Structure $10,000,000
City of Laguna Niguel - Crown Valley Park Community
Building $25,000,000 City of Beverly Hills - Public Works Warehouse and Shops $9,500,000
City of Laguna Niguel - City Hall $24,800,000 County of San Diego - Alpine Branch Library $9,481,356 Exposition Park Intergenerational Community Center -
Seismic Renovation & Addition $24,500,000 City of El Cajon - El Cajon Animal Shelter $9,464,005 Los Angeles County - Manhattan Beach Library $19,073,603 County of San Diego - Ramona Branch Library $9,000,000 City of Rancho Cucamonga - Central Park & Senior
Community Center $19,000,000 County of San Diego - Fallbrook Branch Library $8,750,000 County of San Diego - East County Office and Archive $18,556,402 Jurupa Community Services District - Eastvale Community Park $6,066,521
City of San Diego - Mission Hills - Hillcrest Public Library $17 ,755,549 City of Whittier - Whittwood Branch Library Expansion & Improvement $5,300,000
City of Westminster - Community Cultural Center $16,391,000 City of Rancho Cucamonga - Animal Shelter Remodel $3,248,384 C.W. Driver has a strong portfolio of both parking structure and civic projects, many for repeat clients, is a testament to our ability to successfully manage the construction of your planned project. As leaders in the industry, C.W. Driver has constructed over $600 million in civic projects and completed over 30 parking structure projects. Relevant projects we have completed are below and on the following pages.

RELEVANT EXPERIENCE

PARKING STRUCTURE PROJECTS VALUE STALLS LEVELS
Jamul Indian Village - Jamul Casino and Parking Structure Confidential 1,800 8 North Orange County CCD, Fullerton College - Parking Structure $22,000,000 1,405 4 SONY Pictures, Inc. - Culver Parking Expansion $18,900,000 1,200 6 SONY Pictures, Inc. - LOT and Office Transformation & Parking Garage Project $12,300,000 1,100 4 City of Rancho Cucamonga - Parking Structures and Cultural Center $45,900,000 1,060 3 DJM Capital Partners - Pacific City Retail $80,300,000 1,043 2 UDR - The Residences on Jamboree $68,500,000 600 7
Cerritos Civic Center - Parking Garage $10,000,000 556 3 City of Newport Beach - Civic Center and Parking Structure $116,900,000 450 3 Twenty by Six Creative Office Building & Below Grade Parking Structure $34,300,000 374 3 Loyola Marymount University - Life Science Building & Parking Structure $81,200,000 373 3 Lennar - Malden Station Fullerton $40,600,000 369 6
Baja-Mex Insurance Services - Parking Structure $17 ,600,000 349 6 Chapman University - Keck Center for Science & Technology $92,400,000 347 2 Anderson Pacific - The Current Mixed-Use $71,600,000 330 4 Cypress Equities - Paseo Colorado Mall, Parking Restrengthening $18,500,000 315 2 Bellevue Center - Whole Foods Retail Plaza $26,400,000 298 3 Belmont Senior Living - Parking Garage $50,600,000 274 4 UDR - Beach & Ocean Apartments $28,000,000 262 6
DreamWorks, Lakeside Annex Office - Building & Parking Structure Expansion $44,200,000 250 4 Disney Grand Californian - Hotel Expansion & Parking Garage Confidential 219 2 Jewish Home for the Aging - Fountainview at Gonda Westside $121,100,000 218 2 City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 3 C.W. Driver
01 | FIRM OVERVIEW
C.W. DRIVER’S CIVIC AND PARKING STRUCTURE EXPERIENCE
SONY Pictures Studios, Inc.

Lot and Office Parking Structure
City of Newport Beach
Civic Center and Parking Structure
City of Cerritos
Civic Center Parking Structure
Baja-Mex
Parking Structure
DreamWorks Animation
Parking Structure
City of Rancho Cucamonga
Victoria Gardens Cultural Center
SONY Pictures Studios, Inc.

Parking Expansion
Fullerton College
Parking Structure
City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 4 C.W. Driver
02 | WORK PLAN

WORK PLAN
02 3. Specify what is to be covered; Scope of Work and Deliverables; GOALS
With our understanding of your project and our experience on similar projects we see the goals of the Downtown Parking Structure project to be as follows:
• Construct a new 4-tier parking structure consisting of 330- 350 parking spaces
• Drive value to the highest and best use for each dollar • Collaborate openly for full transparency and efficiency • Deliver the project via CM-Agency over a Design-Build Entity • Prepare and administer a competitive procurement process for Design-Build entities that is concise, complete and easily understood
• Utilize Lean Construction principles and best practices • Communicate schedules and coordinate activities in advance with City staff and adjacent essential services facilities • Provide for safety and ease of wayfinding for staff and community members
• Sequence construction to avoid interruption to adjacent Civic Center , Fire Station, and Library buildings; Coordinate with staff of those entities.
• Deliver project on time, to allow time for FF&E and Building Commissioning
• Close-out the project financially in a timely manner
We invite the City of Fontana to participate in a collaborative, transparent environment of mutual trust and respect, reliable promises, and continual improvement.

C.W. Driver will work with the City, stakeholders, and Design-Build entity, as a collaborative team from the start. We will provide the requisite construction management services during the project in the design phase, through construction and close-out for the project.

We recognize that to meet your expectations, our role will effectively be as an extension of your staff. Our experience, combined with our long history as a construction manager and Builder, will afford you the confidence that C.W. Driver has the most to offer the City of Fontana. The following pages outline the processes and specific steps we will take to make your project successful.

PRECONSTRUCTION PHASE SERVICES
As a team, our Project Executive, Tom Jones; Construction Manager , Sergio Gonzalez; and Chief Estimator , Mark Vondran, will lead the overall preconstruction process and ensure that the City and the Design-Build Entity receive continual preconstruction support regarding cost, constructability issues, means and methods, building systems, equipment, and the project schedule. Our preconstruction services will include the following:
• Review the plans and specifications for constructability and biddability
• Assess the design details and specifications to ensure practicality and cost effectiveness
• Suggest alternate system options to optimize the budget • Analyze materials for quality and availability
• Review the project schedule for realistic logic, milestones, and durations
• Coordinate cost efficient relocation of existing utilities, as needed

DESIGN COLLABORATION/COST STUDIES
Our process to confirm the $10,000,000 project budget is sufficient to construct the project starts on day one. We will utilize a target value design approach, and ensure the Design- Build Entity is designing to the budget rather than designing first and budgeting later . Our team will ensure target budgets are set for every major system. We will then analyze every major element for cost, constructability, functionality, sustainability, and aesthetics. The creation of an early cost model provides guidelines for the Design-Build Entity to balance scope, schedule, and budget.

As the design is progresses, we will provide cost studies, which is not only critical to meet the budget, but also to maximize value for the City. We will supervise and monitor a running value engineering log that includes options and cost savings.

As the design progresses, we will continue to update and review all current and past value engineering options, as needed, to maintain the budget. This process must be collaborative and “open book.” We will closely monitor the cost recommendations provided by the Design-Build Entity and provided educated recommendations to the City.

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 5 C.W. Driver
02 | WORK PLAN

PROJECT SCHEDULE
We will review a preconstruction schedule for the project and will continue the efforts throughout project completion and close-out activities. We will work with the Design Build entity to develop a plan that considers the team’s collective experience and real- time project needs, while informing our decisions.

CONSTRUCTABILITY REVIEW
The goal of the constructability review process is to maintain the integrity of the design while considering three things: (1) practical application of the project details in the building process (i.e., constructability), (2) water-tightness, and (3) alternative cost-effective construction methods. Selecting C.W. Driver as your Construction Manager early in the project affords the City and the Design-Build Entity with a General Contractor’s/ Construction Manager’s perspective. As a collaborative team, we have the ability to optimize both cost and time savings before the construction phase. Alternate systems proposed during the preconstruction phase will prevent scheduling and phasing delays while offering potential savings and a reduction in Requests for Information known as RFI’s and Change Orders.

Our systematic review process has been refined over many years and has proven to be one of the best in the industry. Through years of experience and lessons learned on past projects, we have identified four major categories that we base our review efforts around.
• Interdisciplinary Coordination – All disciplines are
systematically reviewed against each other to verify
coordination at all points of interface.
• Build-ability – We uncover potential weaknesses in the design, sequencing issues and logistical problems to ensure the project can be built as intended.
• Bid-ability – Construction documents are reviewed to verify adequate information is provided and that the scope of work is clear and consistent to anyone that is bidding the project. • Building System Analysis – All building systems, including Mechanical, Plumbing, Electrical, Security and any additional specialty systems are evaluated by our staff of specialists for design integrity, coordination and completeness.

LOGISTICS
Site logistics will be of critical importance on your planned project. The project is located in close proximity to essential city buildings, including the Civic Center , Fire Station, and Library.

With limited access around the site, as well as maintaining utility services to the surrounding buildings during construction, it will be important to ensure the proper preplanning and coordination take place by the Design-Build Entity. C.W. Driver will develop a detailed plan to manage these logistical challenges and will work closely with the City and Design-Build Entity to ensure that we create a plan that will have the least impact to the community and the City’s operations.

AWARD PHASE SERVICES
Bid Evaluation, Review and Recommendation to Award -
Thorough review is performed to ensure compliance and scope of work is within the acceptable range of the budgeted amount and the low, qualified, and responsive bidder is complete, and recommend contract awards to the City for their approval. The review will include an interview of the top two or three bidders and a detailed analysis.

C.W. Driver will prepare contracts for execution, assist with the preparation and/or issue NTP to the Design-Build Entity on behalf of the City, require Design-Build Entity to provide appropriate bonding and insurance, and verify all required documents have been provided and executed prior to the
commencement of any field activities.

CONSTRUCTABILITY REVIEW PROCESS

BUILD-ABILITY
The construction documents are
analyzed from the contractor’s
perspective to confirm the project
can be built the way it is designed.

Examples of key areas to focus on would
be verifying proper sequencing for
installation of materials and equipment,
identifying potential improvements in
the design, and suggesting alternative
construction methods and phasing
options to minimize disruption.

BID-ABILITY
During the “bid-ability” review, our
intent is to identify and eliminate
any issues that may create
misinterpretations and result in inflated
general contractor bids. In addition to
our internal review, C.W. Driver may also
engage respected general contractors
to review and evaluate the construction
documents. This supplemental input
provides further analysis of the design,
addressing budget and schedule
requirements, materials availability
and overall performance from the
contractor’s perspective.

COORDINATION
Finally, the project is reviewed in
terms of interdisciplinary coordination.

Typically, the majority of ambiguities
found in construction documents occur
due to the lack of coordination between
trades. We have a systematic process
to identify a large percentage of these
conflicts, which includes an emphasis on
the MEP coordination process.

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 6 C.W. Driver
02 | WORK PLAN

CONSTRUCTION PHASE SERVICES
The C.W. Driver team will implement appropriate planning and tracking measures, with every aspect of the job being monitored for daily, weekly and monthly progress. The synergy generated by the team, and attention to promises made, missed and kept, leads to a social project network that nurtures motivation and teamwork, and continual improvement towards our common
goal. A summary of our responsibilities and procedures are as follows:
• Conduct and monitor insurance/bonds/labor compliance
• Enforce a quality control program
• Review the project schedule and review progress
• Conduct construction kick-off, Owner and coordination Meetings
• Review traffic control and logistics plans with all who is affected
• Coordinate, implement, and monitor utility relocations, as needed
• Check and review daily report by the Design-Build Entity and maintain our own
• Monitor safety program/CAL -OSHA compliance
• Oversee the submittal, change order , and RFI management • Review monthly application for payments
• Conduct change order reviews
• Monitor project close-out and punchlist management
• Approve final payments
• Filling of NOC
C.W. Driver will conduct construction kick-off meetings to familiarize all stakeholders with the goals established during the preconstruction phase of the project. We will reinforce the need for communication and review all aspects of the project, including the Quality Assurance and Safety programs to be implemented.

PROJECT/COST CONTROLS
C.W. Driver will benchmark, monitor , and manage the “vital signs” of the project. This includes, but is not limited to, quality control, safety, cost, and the overall schedule. By performing continuous schedule and cost reviews with a full report delivered to the City monthly, we will assure that the original goals are met. A brief sample of the range of cost items we will cover includes:
• Construction Costs
• City’s Consultant Fees
• Testing/Inspection
• Regulatory Agency Costs

SAFETY PROGRAM
C.W. Driver is committed to the safety of the public, construction crews, employees, property, and equipment on the project. Jim Wathen, our Safety Director , heads C.W. Driver’s rigorous safety program, which has earned numerous accolades from OSHA
and other safety agencies and has consistently maintained an Experienced Modification Rate well below industry standard. We will ensure that every employee is provided with safe working conditions, that all safety regulations are observed and that employees use common sense to protect themselves and others in the “day-to-day” work environment.

C.W. Driver’s safety program is designed to create a positive safety culture in which everyone on the project is looking out for the safety of each other . Our team will monitor and enforce the following during construction:
• Identify and evaluate job site hazards.
• Assist in Establishing methods for correcting unsafe
conditions, including inspections, checklists, and safety meetings.
• Provide for safety of the City’s employees and community members
• Develop system of communication and feedback to ensure that employees and the Design-Build Entity comply with the safety program

QUALITY CONTROL/QUALITY ASSURANCE (QC/QA)
With a project-specific QA/QC plan, Sergio Gonzalez will be responsible for leading the project’s QA and QC procedures daily.

Highlights of our QA/QC process during the construction phase include:
• Require the Requests for Clarification (RFC)/Request for Information (RFI) be presented in a timely fashion with suggested solutions.
• Require a thorough review of all submittals/shop drawings.

Submittals do not go to the architect until they are ready for approval.
• Review coordination of mechanical and electrical shop drawing process that addresses system layouts, embeds
and inserts, access requirements, transitions, clearances, potential interferences, and future requirements for testing, balancing, tenant improvement work, and commissioning.
• Review Shop or field mock-ups, as required, for new and repetitive work approval by the project team prior to
installation.
• Coordinate off site inspections at the various fabrication plants.
• Pre-installation meetings with the Design-Build Entity and inspectors prior to the trades working on site.

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 7 C.W. Driver
02 | WORK PLAN

DOCUMENT CONTROL
We will establish the responsibilities for the flow of information for all team members in accordance with the City’s procedures and policies. All plans, specifications, RFIs and project revisions will be maintained digitally and be available with daily updates to stay current. Our digital tools will also help us monitor/control correspondence, requests for information, cost proposals/change orders, non-compliance notices, and submittals. and reviewed at weekly project meetings.

ISSUE TRACKING
Our team is adept in identifying key issues and tracking documentation during all phases of our projects. We will maintain our issues tracking system in real-time, updated daily, on site.

We will distribute an issues log as part of the monthly report and use it as a communication tool in project meetings to identify, track and resolve problem areas. Issues tracking will include disposition/execution of all change order comments submitted by the City, Design-Build Entity, jurisdictional, and other agencies, as well as other issues that arise as the project progresses.

POST CONSTRUCTION/PROJECT CLOSE-OUT PHASES
We begin the closeout process from day one. Deliverables, such as collecting and monitoring the Operation and Maintenance Manuals, Completion Certificates, Warranties and Guarantees, training sessions, and start-up procedures are identified and scheduled with the Design-Build Entity for their action.

As-Built/Record Drawings - The project team will maintain a record set of contract drawings throughout the project in a digital format at the job site to memorialize any necessary deviations and/or changes that may have occurred. Upon project completion, the final digitized hyper-linked document will be provided to the City for “as-built” purposes in a PDF file format.

Doing so will allow the City to maintain instant access to critical data without having to dig through volumes of paperwork.

Project Turnover - During the final 90 days of construction, we will coordinate and supervise start-up, testing and
balancing of all equipment and systems. Prior to demobilizing from the project, we will ensure that City’s facilities staff has been thoroughly trained to use and maintain all systems and equipment. To enable future City staff to quickly learn how to use the parking structure, we will record all training sessions for your use and reference. Additionally, we will coordinate the submittal of keys and completion of warranties, guarantees, operations, and maintenance manuals. Finally, we will ensure that all facilities have been thoroughly cleaned and that all punch list items have been completed.

DreamWorks Animation
Parking Structure
City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 8 C.W. Driver
03 | PROJECT TEAM

PROJECT TEAM
03 SUPPORT STAFF

4. Organizational Chart;

6. Proposed Team;
7 . Key personnel names and classifications;

JIM WATHEN CSP
Safety Director
LEO O’BRIEN
General Superintendent

PETER KOVACS
Director of Quality
Control

TOM JONES
Project Executive

TOM ZACZYK
Director of Project
Planning

SERGIO GONZALEZ
Construction
Manager

MARK VONDRAN
Chief Estimator

5. Staffing plan;

TEAM COMPOSITION
We have proposed a team that is qualified and available for your project. Each person has experience working for public clients and experience with parking structure projects.

Additionally, we are been a Design-Builder ourselves, so we truly understand how to manage the entire construction
process.

We have deliberately selected individuals who are available to provide the services outlined in your RFP and will be dedicated for the duration of the project. This team will ensure continuity and attention to factors most important to the City and all stakeholders.

All proposed personnel meet the minimum qualifications to perform the services for which they will be assigned.

8. Staff resumes;
See following pages for our proposed team’s resumes.

9. Names of consultant’s project manager and the individual authorized to negotiate the contract on behalf of the
consulting firm;
Project Executive, Tom Jones, is authorized to negotiate the contract on behalf of C.W. Driver .

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23C.W. Driver 03 | TEAM MEMBERS EXPERIENCE & QUALIFICATIONS

SANTA MONICA CCD - AET CAMPUS & PARKING STRUCTURE A
Contract Amount: $65,270,000
Description: This project included a major renovation of an existing 50,000 SF building, a new 30,000 SF ground-up addition, a new 33,000 SF ground-up building, and a new 136,802 SF, 430-space Parking Structure, which is one-story below grade and five stories above grade.

CITY OF WHITTIER - WHITTIER CENTRAL LIBRARY , REMODEL & IMPROVEMENT Contract Amount: $14,600,000
Description: The Whittier Central Library project included the 35,000 SF remodel and improvement to the existing building with a 4,300 SF minor expansion, which improved the delivery of service to the community for years to come. The Central Library houses the most requested and popular materials; access to the Internet; special collection, Veterans Resource Center , passport processing, and variety of programs and services for entire community. The project also included additional improvements to the existing building.

LOS ANGELES COUNTY - MANHATTAN BEACH LIBRARY
Contract Amount: $19,070,000
Description: The project scope included demolition of the existing library and the construction of a new, two-story, 22,000 SF library on the same site. The library includes adult reading areas, a teen area and early childhood area with dedicated programming space, a homework center , a 100-seat community meeting room, express-service checkout machines at the lobby information service desks, public access computers, staff areas, and public restrooms; associated site improvements, including landscaping, walkways, and security lighting.

CITY OF LA MIRADA - SPLASH! LA MIRADA REGIONAL AQUATIC CENTER AND

SHERIFF STATION
Contract Amount: $35,370,000
Description: The City of La Mirada developed Splash, a beach themed aquatic center , which includes a water park area and three pools: a 50-meter competitive pool, a 25-yard practice pool, and a smaller indoor heated therapy pool. Additional facilities include 9,200 SF of space that incorporates locker rooms, bathrooms, offices, multi-purpose areas, weight room, and storage rooms. A second component of the project was a 10,000 SF, one-story addition to the existing sheriff station.

TOM JONES
Project Executive
As the Project Executive, Tom is ultimately responsible for the oversight and success of the entire project. He will work closely with our Construction Manager , Sergio Gonzalez, and will oversee the project team, attend progress meetings, and provide the necessary guidance and resources to ensure the success of the project. During all phases, he will have direct interface with the City and the Design-Build Entity to ensure the project meets all expectations.
33 YEARS EXPERIENCE
30 YEARS WITH C.W. DRIVER
B.S., Construction Management
10 Hour OSHA

SPECIFIC PROJECT EXPERIENCE QUALIFICATIONS
Relevant Experience
√ Civic Experience
√ Parking Structure
Experience
√ Construction
Management Delivery
City of Fontana, Downtown Parking Structure Project - SP-88-DE-23C.W. Driver 03 | TEAM MEMBERS EXPERIENCE & QUALIFICATIONS

CHAPMAN UNIVERSITY - THE KECK CENTER FOR SCIENCE AND ENGINEERING

AND PARKING GARAGE
Contract Amount: $92,410,000
Description: The three-story Keck Center for Science and Engineering is divided into two sections: The Hall of Science and the Hall of Technology and Engineering, bridged by a grand arch that serves as the focal point of the building. The facility features a 347-space, two-story subterranean parking garage.

TOWN & COUNTRY - GRACE GARDENS MEMORY CARE AND PARKING GARAGE Contract Amount: $22,100,000
Description: This project is a 50,564 SF assisted living/memory care facility with a 24,726 SF subterranean parking garage and storage. This two-story building, featuring 48 sleeping units, is separated into four neighborhoods with therapeutic kitchens, quiet rooms, spas, activity rooms/spaces, and large dining and entertainment centers. Outdoor spaces are provided in the form of a “walled-in” memory garden at the first floor and a sun deck/terrace at the second floor .

CITY OF LAGUNA NIGUEL - CROWN VALLEY PARK COMMUNITY BUILDING Contract Amount: $25,000,000
Description: The three-story Community Building serves many different age groups – from children to adults to seniors – through a myriad of common spaces, state-of-the-art classrooms and fitness facilities. Other enhancements included exterior improvements to the existing YMCA building, updating the community pool deck and its facility amenities, the outdoor festival area and other pedestrian- oriented features, in addition to realigning the main drive aisle and the parking area.

CHINO VALLEY USD - VARIOUS MODERNIZATIONS
Contract Amount: $46,000,000 (combined)
Description: The scope of work for the Measure G Modernization projects include renovations to eleven different K-12 school sites for Chino Valley USD. The three projects that Sergio worked on consisted of the modernization of classroom buildings, administration/library building, multipurpose building, physical education building, as well as exterior building improvements and site improvements. The projects revised the path-of-travel to comply with current ADA code requirements.

SERGIO GONZALEZ
Construction Manager
As the Construction Manager , Sergio will be the City’s primary onsite administrative point of contact, taking full responsibility for day-to-day aspects of the project. He will coordinate closely with the City, Design-Build Entity, and other stakeholders to assure a smooth design and construction process and timely completion. Having recently managed multiple projects public sector clients, Sergio will add significant value to the team with lessons learned and best practices for your planned project. 8 YEARS EXPERIENCE
8 YEARS WITH C.W. DRIVER
B.S. Construction Engineering
Technology

SPECIFIC PROJECT EXPERIENCE QUALIFICATIONS
Relevant Experience
√ Civic Experience
√ Parking Structure
Experience
√ Construction
Management Delivery
City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 C.W. Driver 03 | TEAM MEMBERS EXPERIENCE & QUALIFICATIONS

CITY OF RANCHO CUCAMONGA - PARKING STRUCTURES
Contract Amount: $10,000,000
Description: This project included two, three-level parking structures with a total of 1,060 spaces that are directly adacent tot he Victoria Gardens Cultural Center and outdoor courtyard. The parking structures are conventional cast-in-place concrete (Cunningham Beam system).

CITY OF RANCHO CUCAMONGA - VICTORIA GARDENS CULTURAL CENTER Contract Amount: $35,900,000
Description: The Victoria Gardens Cultural Center is home to three-major facilities: The Paul A. Blane Library, a 23,150 SF full-service library; the Lewis Family Playhouse, a 536-seat performing arts center; and Celebration Hall, a 4,500 SF multi-purpose events center with commercial prep kitchen. A one-acre courtyard is at the center of the complex.

CITY OF MONTCLAIR - POLICE FACILITY
Contract Amount: $25,400,000
Description: The 45,000 SF, two-story City of Montclair Police Facility building includes emergency operations center , police training facility, tactical indoor shooting range, parking areas, carports, sally port, on-site fueling, vehicle maintenance area, and an emergency power generation system. The exterior is constructed of split-face block and interior spaces feature high-end finishes. The project also includes extensive security systems, access controls, cameras, intercom systems and holding cells.

FULLERTON COLLEGE - PARKING STRUCTURE
Contract Amount: $22,000,000
Description: The Parking Structure was constructed of cast-in-place concrete and provided much needed additional parking to the students of Fullerton College. The structure offers 1,405 parking stalls over four-parking decks.

MARK VONDRAN
Chief Estimator
As the Chief Estimator , Mark will lead the estimating effort and bring cost estimating, budget management, value analysis and constructability expertise to the project.

Mark and his team will be heavily involved in the procurement phase working alongside the Design-Build Enttity, attending coordination meetings and validating the budget. He will provide input throughout the construction phase as needed.
28 YEARS EXPERIENCE
24 YEARS WITH C.W. DRIVER
B.S., Construction Management

REFERENCES
04 10. References: List three (3) former municipal or any public clients for whom comparable services have been performed within last three years.

The following references are for municipal and public
sector clients, where C.W. Driver served as a Construction Manager within the last three years:

CITY OF LAGUNA NIGUEL

CROWN VALLEY PARK COMMUNITY BUILDING
Mr. David Rogers
Director of Public Works
P. 949.362.4377
E. [email protected]
Value: $25,000,000
Size: 30,000 SF
Completion: 01.2020
“(C.W. Driver) has kept me informed of all
critical issues and kept me on time and
on schedule to keep the project moving
forward. In this case, I have to say that
we appear to have gotten the best of the
best.”

DAVID ROGERS
Direcor of Public Works
City of Laguna Niguel

CHINO VALLEY UNIFIED SCHOOL DISTRICT
MULTIPLE K-12 MODERNIZATION PROJECTS
Mr. Greg Stachura
Assistant Superintendent
P. 909.628.1201 ext. 1200
E. [email protected]
Value: $141,000,000
Size: 526,900 SF
Completion: 2018-2023
“Our trust in C.W. Driver , their
management team and those assigned
to direct oversite of these projects is
a testament to our trust in them with
precious tax dollars to improve our
schools and benefit our students.”

GREG STACHURA
Assistant Superintendent
Chino Valley USD

CITY OF WHITTIER

WHITTIER CENTRAL LIBRARY , REMODEL & IMPROVEMENT
Mr. Paymaneh Maghsoudi
Director of Library Services
P. 562.567 .9922
E. PMghsoudi@cityofwhittier .org
Value: $14,600,000
Size: 39,300 SF
Completion: 06.2022
“The C.W. Driver team always
exhibited high degree of work ethic,
professionalism, and leadership. C.W.

Driver effectively scheduled, coordinated,
and managed trade contractors to
maintain an aggressive project schedule.”

PAYMANEH MAGHSOUDI
Director of Library Services
City of Whittier

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23 | Page 10 C.W. Driver
05 | COST PROPOSAL

POSITION OVERALL COST
PRECONSTRUCTION - 6 MONTHS
Project Executive $9,492
Construction Manager $78,859
Project Scheduler $4,023
Constructability Reviewer $7, 270
IT Managements and Support, Computers/Monitors, iPads, Cell Phones, Software, and P6 Scheduling $18,396
CONSTRUCTION - 9 MONTHS
Project Executive $14,237
Construction Manager $236,578
Project Scheduler $7,0 41
Field Safety Manager $7 ,160
IT Managements and Support, Computers/Monitors, iPads, Cell Phones, Software, and P6 Scheduling $15,17 4
TOTAL $398,230

COST PROPOSAL
05 11. Fee breakdown to include all costs associated with performance of the contract as outlined in The Scope of Services.

Non-disclosure of all costs during the RFP process could result in disqualification.

The below cost proposal is based upon the services listed in the RFP SP-88-DE-2 under section 1.2 PROJECT SCOPE, Items A through S:
99999.91910\40791408.1

14 EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and- materials contract.

Cost Proposal for
City of Fontana

DOWNTOWN PARKING STRUCTURE

PROJECT
Construction Management Services
SP-88-DE-23

MARCH 2, 2023
05 | COST PROPOSAL

COST PROPOSAL
05 11. Fee breakdown to include all costs associated with performance of the contract as outlined in The Scope of Services.

Non-disclosure of all costs during the RFP process could result in disqualification.

The below cost proposal is based upon the services listed in the RFP SP-88-DE-2 under section 1.2 PROJECT SCOPE, Items A through S:

City of Fontana, Downtown Parking Structure Project - SP-88-DE-23C.W. Driver 99999.91910\40791408.1

15 EXHIBIT C

Federal Requirements

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
• Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (“ARPA”);
• CSLFRF Final Rule, codified at 31 CFR Part 35;
• CSLFRF Guidance on Recipient Compliance and Reporting Requirement, the most current version;
• 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such except ions as may be otherwise provided by the U.S. Department of the Treasury; • Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between the Federal Contract Provisions and the Agreement and/or the provisions of state law and, excep t as otherwise required under federal law or regulation, the Federal Contract Provisions shall control.

Consultant shall also comply with the following provisions:

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience . The Agreement includes remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60 -1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or 99999.91910\40791408.1

16 national origin. The Consultant will 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 origi n. 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, includ ing apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations o r advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another emp loyee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such oth er employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investig ation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contrac t or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may b e canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted 99999.91910\40791408.1

17 construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the admini stering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own emplo yment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivisio n of such government which does not participate in work on or under the Agreement.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subco ntractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will c arry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In additi on, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarante e); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 99999.91910\40791408.1

18 (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by the CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti -Kickback” Act: Not applicable to this Agreement since it is funded by the CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work i n excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or m aterials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) 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 compensatio n 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. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), 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 (ii) 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 t he clause set forth in paragraph (ii) of this section.
(iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withh eld, from any moneys payable on account of work performed by the Consultant 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 99999.91910\40791408.1

19 Contract Work Hours a nd 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 Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth i n paragraph (iii) of this section.
(v) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventio ns Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding th e substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non -Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Org anizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as an y contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federa l government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant 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., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the approp riate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
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20 (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant 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., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consu ltant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined th at Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Contract term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. 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 99999.91910\40791408.1

21 Congress, officer or emplo yee 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 must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired durin g the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requir ements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115 –232, section 889, covered telecommunications equipment is tele communications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastru cture, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 99999.91910\40791408.1

22 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in t he United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of n onferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to prov ide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly perti nent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the project.
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23 (b) Compliance with Federal Regulations. Consultant agrees to co mply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, reg ulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Deba rment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance wit h Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
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24 (iii) Section 504 of the Rehabilitatio n Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Tre asury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the C SLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participa ting in federal awards or contracts, and/or any other remedy available by law.
(e) Hatch Act . If Consultant is a public agency, Consultant agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501 -1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
(f) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a fede ral contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
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25 (4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management offic ial or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (g) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant i s encouraged to adopt and enforce on -the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities r eceiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive o rders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to impro ve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.

Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningf ul access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
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26 (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasu ry has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assu rance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).

(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligate s the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusation s of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and 99999.91910\40791408.1

27 implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non -compliance of Title VI and efforts to address the non -compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or mat ter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
(x) If Consultant makes sub -awards to other ag encies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

3. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)

(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit ma ximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

Fontana City CouncilMay 9, 2023

Fontana City Council
May 9, 2023