Attachment No. 3- [DRAFT] Professional Services Agreement.pdf

1 99999.91910\40791408.1

CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
DE-25-98-SP
This Agreement is made and entered into as of the 1st day of June, 2025 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, LLC , a California Limited Liability Company with its principal place of business at 11879 Sebastian Way, Ste. 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 West 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 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 $596,576.00 [Five Hundred Ninety-Six Thousand, Five Hundred Seventy-Six 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.

2 99999.91910\40791408.1

3. Additional Work.

If changes in the services 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 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 services. 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 pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract perio d and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

The term of this Agreement shall be from June 1, 2025 to October 31, 2026, 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 this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of services of the preconstruction start date and a Notice to Proceed for the construction start date.

6. Delays in Performance.

a. Neither City nor Consultant shall be considered 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 conditions; 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 circumstan ces 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. If Consultant’s term for the performance of its services under this Agreement is delay ed by causes not the fault of Consultant, then Consultant ’s compensation under this Agreement shall be increased by the Consultant’s cost of such increased length of services performed.
3 99999.91910\40791408.1

7. Compliance with Law.

a. Consultant shall, in the performance of its services, comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. Nothing in this Agreement shall render Consultant responsible for errors or omissions in any drawings or specifications prepared by others, which liability remains solely with the preparing party.

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. The cost of all such permits shall be paid by the City.

c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled by it or its subconsultants in the services or operations performed by them under this Agreement.

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 services to be performed shall be in accordance with the services described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence services 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 (if any) 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 services 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.

4 99999.91910\40791408.1

(1) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or substantial equivalent.

(ii) Commercial General Liability 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
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage

(iii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability as defined by Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01); (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.

(iv) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 12 19 and 20 37 12 19, or endorsements providing the exact same coverage.

(v) 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 during the performance of the services 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
5 99999.91910\40791408.1

(i) Consultant certifies that he/she 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 services 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 services under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the services 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 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 services 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, provided that Consultant would have liability in the absence of such contract, 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 services 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 (except as to Professional Liability).

(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 6 99999.91910\40791408.1

the parties required to be named as Additional Insured pursuant to this Agreement.

Notwithstanding anything to the con trary in this Agreement, the City ’s Architect, other design professionals, consultants, inspectors and separate contractors shall not be additional insureds under any of Consultant’s insurance policies.

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 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.

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 poli cy 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 Commercial 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 , other than the Project’s builder’s risk insurance , 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 retroa ctive 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 r equired 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 7 99999.91910\40791408.1

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 required 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.

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 oblig ations 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 comply with these specifications or is canceled and not replaced, City has the right , after notice and a reasonable opportunity to Consultant to cure, 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 to 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 Consultant, nor any of their respective 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 or services under any subconsultant agreement 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 12 19 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.

a. To the fullest extent permitted by law, Consultant shall defend (with conflict free counsel of Consultant’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 (other than damage to the 8 99999.91910\40791408.1

Project itself), in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, 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, o t h e r t h a n t h o s e f r o m t h e P r o j e c t ’ s b u i l d e r ’ s r i s k / p r o p e r t y i n s u r a n c e received by the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’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 t he 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 final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

c. Notwithstanding anything to the contrary in this Agreement, Consultant shall not be responsible for the acts or omissions of any contractor or design professional performing work or design/engineering services for the Project. All such liability shall remain solely with the party performing such work or services. Nor will Consultant be required to d efend, indemnify or hold harmless the City ’s Architect, other design professionals, consultants, inspectors and separate contractors.

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 of Consultant or its subconsultants 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 such failure or alleged failure to comply with the Prevailing Wage Laws.

It shall be mandatory upon the Consultant and all subconsultants to comply w ith 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, 9 99999.91910\40791408.1

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 pursua nt to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

c. This Agreement may also 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 Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, includin g 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 issued 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 federal 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.

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 services 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 note s, drawings and specifications, written reports and other documents produced or developed for that portion of the services completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the services completed prior 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 services.

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.
10 99999.91910\40791408.1

18 Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original 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 Tom Jones, 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 services 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:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: C h r i s S m e t h u r s t

CONSULTANT:

C.W. Driver
11879 Sebastain Way, Ste 101
Rancho Cucamonga, California 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 represents 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 inter ests 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 11 99999.91910\40791408.1

contemporaneous oral or written understanding, promises or repres entations with respect to those matters covered hereunder. Each Party 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 not 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, ex ecutors, administrators and assigns of each Party 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 prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver

None of the provisions of this Agreement shall be considered waived by either Party, 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 warrants 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 considera tion 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 her 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 services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “ C” (Federal Requirements) attached hereto and incorporated herein by reference 12 99999.91910\40791408.1

(“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

32. Mutual Waiver of Consequential Damages

The Consultant and City waive all claims against each other for any indirect or consequential damages arising out of or relating to this Agreement.

[SIGNATURES ON FOLLOWING PAGE]
13 99999.91910\40791408.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF FONTANA

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
C.W. Driver

By:

Dana Roberts
Chief Executive Officer

Attest:

By:

Germaine McClellan Key
City Clerk

By:

Phillip Burum
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

By: _____________________________

Public Works Director / City Engineer

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Purchasing Office

14 99999.91910\40791408.1

EXHIBIT A

Scope of Services

A. Conduct and Coordinate field meetings with Design-Build Team members, City staff, and other Agencies on an as needed basis.

B. Review on-going traffic handling and traffic control plans submitted by the contractor and conduct field audits.

C. Conduct labor compliance interviews and monitor compliance.

D. Conduct regular safety reviews of the entire project site to ensure full compliance with the safety orders, including CAL OSHA compliance.

E. Coordinate with design engineers, project managers, City Staff and other stakeholders on design issues encountered during construction.

F. Coordinate, implement and monitor utility relocations as applicable.

G. Review contractor’s submittals and coordinate with other agencies for final approval.

Review detailed daily inspection reports supported with pictures as appropriate, keep picture log on project progress, and traffic control as warranted by work environment.

H. Coordinate with Geotechnical Engineer/Special Inspection. CM shall verify validity of all requests for special inspections prior to scheduling thereof. CM Shall keep track of all special inspection testing performed to ensure proper billing and that inspection does not exceed scope unless justified.

I. Prepare, process, and monitor contract change orders. Change Order Proposals shall be vetted thoroughly.

J. Review progress payments and extra work bills and recommend payment to City.

K. Prepare punch lists.

L. Participate in the final inspection, testing and release of the facilities.

M. Review record drawings (As-Builts) at project completion.

N. Prepare quantity estimates daily and submit with daily inspection reports.

O. Independently double-check all quantities prior to processing monthly estimates.

P. Ensure that contract change orders are accurately covered for payments.

Q. Ensure that Force Account work is agreed to in writing in the field on a daily basis.

R. Attend Pre-construction meetings and all associated meetings related to the project.

S. Performs constructability review of plans and specifications in plan check for potential oversights from construction and administrative point of view.

T. Review DBE schedule for accuracy by ensuring scheduling ties are appropriately shown and durations are appropriate. Monitor progress against schedule and inform City of any deficiencies.

Request for Proposals for Construction Management Services (No. DE-25-98-SP)

3.1 Letter of Interest
01 Firm Overview p. 01
02 Work Plan p. 04
03 Project Team p. 08
04 References p. 09
05 Cost Proposal Separate Attachment
City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Not Included in Page CountC.W. Driver March 6, 2025
City of Fontana
Attn: Steve McGuffey, Purchasing Office
8353 Sierra Ave.

Fontana, CA 92335
Re: Request for Proposal for Construction Management Services - Downtown West Parking Structure Project DE-25-98-SP Dear Mr . McGuffey,

On behalf of C.W. Driver , we are excited to once again collaborate with the City of Fontana on the Downtown West Parking Structure Project. Our team is eager to bring our expertise in construction management to this important development, leveraging our deep understanding of the City’s goals and strong working relationships with key stakeholders to ensure another successful project.

With 106 years in Southern California and extensive experience in the Inland Empire, C.W. Driver has successfully delivered many civic, public, and parking structure projects, including the City of Fontana’s recent Downtown Parking Structure, and remains committed to supporting the City’s economic growth. Our local office in Rancho Cucamonga allows us to dedicate the necessary resources, personnel, and oversight to keep the project on track, on budget, and aligned with the City’s vision for the Forge District. Our team is highly experienced in overseeing complex parking structure projects, ensuring efficiency, cost-effectiveness, and a seamless construction process.

Our proposal includes a comprehensive overview of our relevant experience, key team members, and strategic project approach. Tom Jones, who will lead our efforts, has over 35 years of industry experience and ensures expert leadership and oversight. Additionally, our executive management team is fully committed to providing the highest level of support and engagement throughout the project’s lifecycle.

Choosing C.W. Driver means selecting a trusted partner dedicated to delivering excellence. We are committed to fostering local economic opportunities by prioritizing the engagement of trade contractors, vendors, and suppliers within Fontana and the surrounding communities. Our track record of collaborative success speaks for itself, and we look forward to once again working closely with the City of Fontana to bring this vision to life.

C.W. Driver is agreeable to the terms of our Professional Services Agreement SP-88-DE-23 for the Downtown Parking Structure project dated June 9, 2023. Should you have any questions or require additional information, please do not hesitate to contact Tom Jones at 323.864.4491 or via email at tjones@cwdriver .com. We appreciate your consideration and look forward to the opportunity to serve the City once again.

Very truly yours,
Dana Roberts
Chairmain and Chief Executive Officer
11879 Sebastian Way, Ste. 101
Rancho Cucamonga, CA 91730
909.945.1919

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Page 1C.W. Driver C.W. Driver: Over a Century of Excellence in Construction Founded in 1919 by Clarence Wike (C.W.) Driver and John MacDonald, C.W. Driver has earned a reputation for stability, integrity, and quality over more than 100 years.

Holding the fifth-oldest active contractor license in California, C.W. Driver is one of the longest-operating general contractors in the state. The firm made its mark in the 1920s, constructing iconic California landmarks such as the Wilshire Methodist Church, Marymount College (now part of Loyola Marymount University), and the historic Adamson House in Malibu.

Under the leadership of CEO Dana Roberts, who joined the company in 1970 and has served as CEO since 1987 , C.W. Driver has grown into a leading name in educational, civic, urban, and commercial projects. Dana’s commitment to upholding the company’s founding principles—exceptional craftsmanship and client satisfaction—has positioned C.W. Driver as one of California’s premier builders.

The company’s executive leadership team, led by President Karl Kreutziger , CFO Carl Lowman, and COO Brent Hughes, brings decades of industry experience. Their expertise and dedication ensure that every project is guided by professionalism, innovation, and the highest standards of quality.

C.W. Driver Companies proudly serves Los Angeles, Orange, and San Diego Counties, and the Inland Empire, continuing its legacy of delivering impactful projects throughout Southern California.

Construction Management and Civic Experience
C.W. Driver is well-versed in providing CM-Agency Services, having completed over 30 projects using this delivery method. Our firm’s philosophy regarding the CM-Agency delivery method is based on strategic partnerships and relationships to provide an enjoyable construction experience for all. 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 parking structure and civic projects, many for repeat clients, is a testament to our ability to successfully manage your construction project.

Parking Structure
Projects
Top Contractor
(ENR California)
Civic Projects
30+
#20
$600M+
01 2. Name, title, address and telephone number of
contact person during the evaluation period;
Primary Contact
Tom Jones, Project
Executive, will be
your primary point
of contact and will be
authorized to make
recommendations and
decisions regarding the work.

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

1. Identification of the offering firm including name,
address, telephone, fax number, and email address;
Company: C.W. Driver , LLC
Address: 11879 Sebastian Way, Ste. 101
Rancho Cucamonga, CA 91730
Telephone: 909.945.1919
Fax: 909.945.1955
City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | 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 As an industry leader , we have 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 $18,300,000 349 6 Chapman University - Keck Center for Science & Technology $92,400,000 347 2 Anderson Pacific - The Current Mixed-Use $71,600,000 330 4 City of Fontana - Downtown Parking Structure $11,900,000 321 5 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 West Parking Structure Project - DE-25-98-SP | Page 3 C.W. Driver
01 | FIRM OVERVIEW
C.W. Driver’s Civic and Parking Structure Experience
City of Fontana
Downtown Parking Structure
City of Newport Beach
Civic Center and Parking Structure
City of Cerritos
Library and 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 West Parking Structure Project - DE-25-98-SP | Page 4 C.W. Driver

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 West Parking Structure project to be as follows:
• Construct a new multi-story parking structure consisting of 500+ parking spaces
• Deliver the project via CM-Agency over a Design-Build Entity • Collaborate openly for full transparency and efficiency • Drive value to the highest and best use for each dollar • Utilize Lean Construction principles and best practices • Communicate schedules and coordinate activities in advance with City staff and adjacent essential service facilities • Conduct plan review meetings with the Owner to review each discipline, details, and overall expectations
• Provide 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.
• Provide detailed monthly summary project reports that accompany our progress billing
• Deliver project on time, to allow time for FF&E and Building Commissioning
• Conduct weekly progress meeting with the Owner in addition to the OAC meetings to review the schedule, RFIs, submittals, change orders, and finances
• Review and coordinate with the Owner’s third party inspection agency for daily inspections and compliance
• Daily site progress photos
• Shop verification for material billed in GC’s progress billing • Perform a constructability review and back-check on the plan- check set
• 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 recent experience working with the City of Fontana, 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 • 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
02 City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Page 5 C.W. Driver
02 | WORK PLAN
Design Collaboration/Cost Studies
Our process to confirm that the $15,000,000 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 that target budgets are set for every major system. We will then analyze every major element for cost, constructability, functionality, sustainability, and aesthetics. Creating an early cost model provides guidelines for the Design-Build Entity to balance scope, schedule, and budget.

As the design progresses, we will provide cost studies, which is critical to meet the budget and 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 provide educated recommendations to the City.

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 (RFIs) 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 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. With limited access around the site, as well as maintaining utility services to the surrounding buildings off Sierra Avenue and Nuevo Avenue during construction, it will be important to ensure the proper preplanning and coordination with the utility providers 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.

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | 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 are 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 Assurance/Quality Control (QA/QC)
With a project-specific QA/QC plan, Sergio Gonzalez, Construction Manager , will be responsible for leading the project’s QA/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 and forward them to Fontana upon completion.
• 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 drawings and field mock-ups, as required, for new and repetitive work approval by the project team prior to installation.
• Coordinate off-site inspections.
• Attend pre-installation meetings with the Design-Build Entity and inspectors prior to the trades working on-site.

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | 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 close-out 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 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 oversee the recording of 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.

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Page 8 C.W. Driver
Support Staff
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

4. Organizational Chart;
See above graphic.

5. Staffing plan;
Team Composition
We have proposed a team with a proven track record of
success. They have worked together on other civic projects and parking structures, including your recent parking structure one block away from this project. The result is that you have an experienced team familiar with projects of the size and complexity that your project deserves. Our team is a cohesive group that has the necessary chemistry to develop creative solutions, provide smart decision-making tools, and optimize innovation. We feel strongly that this adds significant benefit to the project stakeholders.

We have carefully selected individuals who are available to provide the services outlined in your RFP and will be dedicated for the duration of the project from preconstruction through close-out. 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.

6. Proposed Team;
See above graphic.
7 . Key personnel names and classifications;
See above graphic.

8. Staff resumes;
See the 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 .
03 City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Not Included in Page CountC.W. Driver C.W. Driver
03 | PROJECT TEAM
35 Years of Experience
32 Years with C.W. Driver
Education/Registration
B.A., Construction Management
OSHA 10-Hour Certification
Relevant experience
9 City of Fontana Experience
9 Civic Experience
9 Parking Structure Experience
9 Construction Management
Delivery
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.

Select Project Experience
City of Fontana - Downtown Parking Structure
Contract Amount: $11,900,000 Parking Structure/Civic Client The new design-build, five-story parking structure was constructed within the existing parking lot of the City’s Human Resources Department Building and consists of a five-tier structure. Each tier has a footprint of approximately 130 feet by 230 feet, with 321 parking spaces and two vehicle entrances and exits. The structure includes two elevators, a large exterior selfie wall and hardscape upgrade, two roof-level elevator lobbies, fire sprinklers, long-term bicycle storage enclosures, and storage rooms. The structure serves as both public and employee parking for the civic campus and the planned downtown area, which is to be revitalized.

Santa Monica CCD - AET Campus & Parking Structure A
Contract Amount: $65,270,000 Parking Structure/Public Client 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 Civic Client
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: $19,000,000 Civic Client
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 Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Not Included in Page CountC.W. Driver C.W. Driver
03 | PROJECT TEAM
10 Years of Experience
10 Years with C.W. Driver
Education/Registration
B.A., Construction Engineering
Technology
Relevant experience
9 City of Fontana Experience
9 Civic Experience
9 Parking Structure Experience
9 Construction Management
Delivery
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.

Chapman University - The Keck Center for Science and Engineering and Parking Garage
Contract Amount: $92,400,000 Parking Structure
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 Parking Structure
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 Civic Client
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.

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Not Included in Page CountC.W. Driver C.W. Driver
03 | PROJECT TEAM
30 Years of Experience
26 Years with C.W. Driver
Education/Registration
B.S., Construction Management
Relevant Experience
9 City of Fontana Experience
9 Civic Experience
9 Parking Structure Experience
9 Construction Management
Delivery
Mark Vondran
Chief Estimator
As the project’s Chief Estimator , Mark will head up the conceptual through the final budgeting process. Mark is especially talented in continual communication and cost studies that help our clients and design teams make smart decisions, moving forward. Mark is well- versed in civic projects of similar scope, having worked on many parking structure projects.

Mark enjoys working closely with our subcontractor teams gathering their input during preconstruction to drive down cost, resulting in savings to the overall budget.

City of Rancho Cucamonga - Parking Structures
Contract Amount: $10,000,000 Parking Structure/Civic Client This project included two, three-level parking structures with a total of 1,060 spaces that are directly adjacent to the Victoria Gardens Cultural Center and outdoor courtyard. The parking structures are conventional cast-in-place concrete.

City of Rancho Cucamonga - Victoria Gardens Cultural Center Contract Amount: $35,900,000 Parking Structure/Civic Client 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.

Fullerton College - Parking Structure
Contract Amount: $22,000,000 Parking Structure
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.

City of Montclair - Police Facility
Contract Amount: $25,400,000 Civic Client
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.

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Page 9 C.W. Driver

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:
04 Chino Valley USD
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 oversight 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
County of Orange
Aliso Viejo Library and Dana Point
Library Refresh
Mr . Matt DeHart
Senior Project Manager
P. 714.667 .4972
E. matt.dehart@occr .ocgov.com
Value: $10,100,000
Size: 32,000 SF
Completion: 2024-2025
City of Fontana
Downtown Parking Structure
Mr . Christopher Smethurst
Senior Engineer
P. 909.350.6649
E. [email protected]
Value: $11,900,000
Size: 119,714 SF
Completion: 2023-2025
City of Fontana - Downtown Parking Structure
15 99999.91910\40791408.1

EXHIBIT B

Schedule of Charges/Payments

Cost Proposals for Construction Management Services (No. DE-25-98-SP)

City of Fontana, Downtown West Parking Structure Project - DE-25-98-SP | Not Included in Page CountC.W. Driver 05 | COST PROPOSAL
Position Overall Cost
Preconstruction - 4 Months
Project Executive $7,030
Construction Manager $64,146
Project Scheduler $5,042
Constructability Reviewer $13,275
Construction - 13 Months
Project Executive $34,270
Construction Manager $416,951
Labor Compliance Specialist $25,837
Project Scheduler $16,387
Field Safety Manager $13,637
Total $596,576

11. Fee breakdown to include all costs associated with performance of the contract as outlined in The Scope of Services. Non-disclosure of all cost during the RFP process could result in disqualification.

The below cost proposal is based upon the services listed in the RFP DE-25-98-SP under section 1.2 Project Scope, Items A through S:
05

Fontana City CouncilMay 13, 2025

Fontana City Council
May 13, 2025