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HomeMy WebLinkAbout1Q OCRCity Council Staff Re{Jort DATE: December 10, 2020 CONSENT CALENDAR SUBJECT: AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20-0659 IN THE AMOUNT OF $317,990 ISSUED TO WILLDAN ENGINEERING, A CALIFORNIA CORPORATION, PURSUANT TO ON-CALL AGREEMENT (A6688) FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AND APPROVE AMENDMENT NO. 2 IN THE AMOUNT OF $240,294 .TO PROFESSIONAL SERVICES AGREEMENT (A7071) WITH RIOS CLEMENTI HALE STUDIOS, A CALIFORNIA CORPORATION, ASSOCIATED WITH THE DOWNTOWN PARK, CITY PROJECT NO. 15- 07. FROM: David H. Ready, City Manager BY: Development Services Department SUMMARY: This action will allow the City Council to authorize additional construction management and inspection services from Willdan Engineer (Willdan) and approve Amendment No. 2 to Professional Service Agreement with Rios Clementi Hale Studios (RCHS) related to the extended time of completion for the Downtown Park, City Project No. 15-07 ("Project"). RECOMMENDATION: 1. Authorize an increase in the amount $317,990 to Purchase Order No. 20-0659 for Construction Management and Inspection Services with Willdan Engineering, a California corporation; and 2. Approve Amendment No. 2 to Professional Services Agreement No. 7071 in the amount of $240,294 with Rios Clementi Hale Studios, a California corporation; and 3. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: The Public Integrity Disclosure Forms from RCHS and Willdan Engineering are included as Attachment 1 . 2City Council Staff Report December 10, 2020 --Page 2 Increase PO for Willdan and Amendment No. 2 RCHS, Downtown Park BACKGROUND: On January 3, 2018, the City Council approved an agreement with RCHS in the amount of $924,260 for professional landscape architectural and related design services including the Schematic Design, Design Development, Construction Documents/Permitting, Bidding, Construction Observation, and Warranty Phases for the Downtown Park, City Project No. 15-07. The scope and fee of the agreement included services related to the design of a new Police Substation and exterior restrooms. On October 3, 2018, the City Council approved Amendment No. 1 in the amount of $82,500 to Professional Services Agreement No. 7071 with RCHS for additional architectural and design services to accommodate a larger Police Substation into the Downtown Park. On October 2, 2019, the City Council awarded a construction contract to Fast-Track Construction (FTC) in the amount of $7,600,000 for the Downtown Park, City Project No. 15-07. The City Council also authorized a Purchase Order in the amount of $425,000 with the City's "on-call" construction manager Willdan Engineering. On August 6, 2020, the City Council took action to complete the Project as originally designed. As stated in the staff report, funding for the Project was previously approved with a budget of $8,900,000 from Measure J and Quimby Funds, with an additional $650,000 in Quimby Funds reserved if required (for total $9,550,000). The estimated total budget required to complete the Project has increased due to structural repairs to the City's parking garage and other additional work and increased costs. Staff directed FTC to complete of the full scope of the Project. Work on the park site (except for the Police Substation/Restroom Building) was delayed until the structural repairs required in the underground parking garage extending along the west side of the park are completed. STAFF ANALYSIS: FTC has completed the structural repairs of the parking garage and is now able to move forward with completion of the full scope of the Project. The structural repairs to the parking garage have delayed the completion of the Project by 6 to 8 months. Final completion and close-out of the Project is now expected by July 2021. Willdan has been actively managing the Project including the continuous construction of the Police Substation/Restroom Building. Willdan provides contract administration and daily inspection services, as well as daily interaction and oversight of FTC's work. Staff rely on Willdan to ensure contract compliance with all legal terms and conditions, including payment of prevailing wages, use of apprentices and related labor code provisions applicable to the Project. Willdan's oversight function is critical to ensuring the project is completed in conformance with all requirements. Willdan's original budget of $425,000 was based on 12 months of inspection and construction management services 3City Council Staff Report December 10, 2020 --Page 3 Increase PO for Willdan and Amendment No. 2 RCHS, Downtown Park for the Project that was anticipated to be complete by November of 2020. Willdan is requesting a budget amendment in the amount of $317,990 to provide inspection and project management services through the extended construction schedule. The scope of the architectural design support during construction provided by RCHS was also based on completion of the project by November 2020. RCHS provides continuous support for the Project by reviewing architectural submittals and shop drawings from FTC to confirm construction complies with the approved design. RCHS oversight is critical as Willdan is not the architect of record and RCHS remains responsible to ensure FTC's work is consistent with their design. RCHS is requesting an additional $240,294 to provide services through the extended construction schedule. Staff has reviewed the scope, fee and budget proposed by both Willdan and RCHS and recommend City Council approval. ENVIRONMENTAL IMPACT: Environmental impacts associated with the Downtown Park were previously assessed in the Final Environmental Impact Report (FEIR) for the Downtown Specific Plan. No further No further environmental analysis is required associated with this requested action. FISCAL IMPACT: A balance of $1,152,019 remains appropriated and available to complete the Project. Approval of this action will reserve $593,735 for additional costs that may be incurred to complete the project. Sufficient funds are budgeted and available in the following accounts: • 152-2460-59464 • 260-4500-59464 • 260-4500-59498 4City Council Staff Report December 10, 2020 --Page 4 Increase PO for Willdan and Amendment No. 2 RCHS, Downtown Park \-s~ ('\ Jlinn Fagg, AICP .,,. Director of Development Services ~:;,~w David H. Ready, Ph~ City Manager Attachments: 1. Public Integrity Disclosure Forms 2. Willdan Budget Amendment Request 3. RCHS Amendment No. 2 Marcus L. Fuller, MPA, PLS, PE Assistant City Manager 5Attachment 1 61. Name of Entity PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Rios Clementi Hale Studios 2. Address of Entity (Principle Place of Business) 3101 W Exposition Place, Los Angeles, CA 90018 3. local or California Address (if different than #2) NIA 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? n Yes n No 5. Type of Entity [!] Corporation D Limited Liability Company D Partnership D Trust D other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _P_L_E_A_S_E_S_E_E_"E_X_H_IB_IT_A_"_A_T_T_A_C_H_E_D ___ • Officer • Director • Member • Manager [name] D General Partner D Limited Partner •Other ___________ _ __________________ D Officer D Director D Member D Manager [name] D General Partner D Limited Partner •Other ___________ _ __________________ D Officer D Director D Member D Manager [name] (Revised 05/16/19) D General Partner D Limited Partner •Other ____________ _ CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 77. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entitv EXAMPLE JANEDOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. PLEASE SEE "EXHIBIT A" ATTACHED [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS ·oF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. f Disclosing Party, Date I 1/V.1 PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 8RCHSTUDiOS 3101 W. Exposition Place Los Angeles, CA 90018 (323) 785-1800 rchstudios.corn EXHIBIT A CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity: Rios Clementi Hale Studios 2. Address of Entity: 3101 W Exposition Place, Los Angeles, CA 90018 3. Local or California Address (if different than #2): N/ A 4. State where Entity is Registered with Secretary of State: California 5. Type ot Entity: Corporation 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries: Name Mark William Rios Robert Graydon Hale Jessamyn Maia Davis Mark Kenji Motonaga Name Mark William Rios Officers Directors Robert Graydon Hale Carlos Sebastian Salvado position President, CEO Secretary Treasurer, CFO VP Position Director Director Director 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity: Mark William Rios, Trustee Mark W. Rios Living Trust Robert Graydon Hale, Trustee Greenwald/Hale Revocable Survivor's Trust Jessamyn M. Davis, Trustee Davis Family Trust Carlos Sebastian Salvado Mark Kenji Motonaga Andrew Lantz Percentage of Beneficial Interest in Applicant Entity 54% 18% 7% 7% 7% 7% 9PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Willdan Engineering 2. Address of Entity (Principle Place of Business) 650 East Hospitality Lane, Suite 250, San Bernardino, CA 92408 3. Local or California Address (if different than #2) Same as Above. 4. State where Entity is Registered with Secretary of State California. If other than California, is the Entity also registered in California? n Yes n No 5. Type of Entity [8] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _T_h_o_m_a_s_B_ri_s_b_in ____________ [RI Officer O Director D Member D Manager [na D General Partner D Limited Partner D Other ____________ _ _ D_a_n_ie_l_C_h_o_w _____________ [8:] Officer D Director D Member D Manager [na D General Partner D Limited Partner •Other ____________ _ _ S_ta_c_y_M_c_L_a_u_g_h_lin ___________ [8:] Officer O Director D Member D Manager [name] Kate Nguyen ............................. Officer D General Partner D Limited Partner Cathaleen D. Steele .................. Officer David L. Hunt ............................ Officer •Other ___________ _ William C. Pagett ...................... Officer CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of-2 (Revised 05/16/19) 107. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entity EXAMPLE JANEDOE 50%, ABC COMPAN~ Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. a publicly traded Willdan Group, Inc. Delaware corporation 100% [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. Officer, Willdan Group, Inc. Thomas Brisbin See SEC 10-Q [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. Officer, Willdan Group, Inc. Daniel Chow See SEC 10-Q [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. Officer, Willdan Group, Inc. Stacy McLaughlin See SEC 10-Q [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. Officer, Willdan Group, Inc. Kate Nguyen See SEC 10-Q [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date _.-,~<;). n~· Jun 6, 2019 Thomas D. Brisbin Officer, Willdan Group, Inc., Cathaleen D. Steele ............. See SEC 10-Q Officer, Willdan Group, Inc., David L. Hunt... .................... See SEC 10-Q PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 1 of 2 11Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORMl0-Q 00 QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 29, 2019 OR D TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number 001-33076 WILLDAN GROUP, INC. (Exact Name of Registrant as Specified in Its Charter) Delaware (State or Other Jurisdiction of Incorporation or Organization) 2401 East Katella Avenue, Suite 300 14-195112 (IRS Employer Identification No.) Anaheim, California 92806 (Address of Principal Executive Offices) (Zip Code) Registrant's Telephone Number, Including Area Code: (800) 424-9144 Not Applicable (Former Name, Former Address and Former Fiscal Year, if Changed Since Last Report). Securities registered pursuant to Section 12(b) of the Act: Title of each class Trading Symbol{s) Common Stock, par value $0.01 per share WLDN Name of each exchange on which registered The Nasdaq Stock Market LLC (Nasdaq Global Select Market) Indicate by check mark whether the registrant: (1) has filed a11 reports required to be fiJed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requi~ments for the past 90 days. Yes 00 No• Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). Yes 00 No• Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See definitions of "large accelerated filer," "accelerated filer," "sma11er reporting company," and "emerging growth company" in Rule 12b-2 of the Exchange Act. Large accelerated fiJer • Non-accelerated filer• Accelerated filer 00 Sma11er reporting company • Emerging growth company • If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. • Indicate by check mark whether the registrant is a she11 company (as defined in Rule 12b-2 of the Exchange Act). Yes• No 00 As of May 5, 2019, there were 11,126,933 shares of common stock, $0.01 par value per share, ofWilldan Group, Inc. issued and outstanding. 12Exhibit 10.1 EXECUTION VERSION FIRST AMENDMENT TO CREDIT AGREEMENT This First Amendment to Credit Agreement (herein, the "Amendment") is entered into as of March 8, 2019, among Wtlldan Group, Inc., a Delaware corporation (the "Borrower"), the Guarantors signatory hereto, the Lenders signatory hereto and BMO Harris Bank N.A., a national banking association, individually as a Lender and as Administrative Agent (the "Administrative Agent"). PRELIMINARY STATEMENTS A. The Borrower, the Guarantors, the Lenders and the Administrative Agent are parties to that certain Credit Agreement dated as of October 1, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"). All capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. B. The Borrower has requested that the Lenders make certain amendments to the Credit Agreement, and the Lenders are willing to do so under the terms and conditions set forth in this Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. AMENDMENTS. Subject to the satisfaction of the conditions precedent set forth in Section 2 below, effective as of the date hereof, the Credit Agreement shall be amended as follows: 1.1. Section 1.1 of the Credit Agreement shall be amended by inserting the following new defined term therein in the appropriate alphabetical order: "First Amendment Date" means March 8, 2019. "First Amendment Date Acquisition" means that certain Acquisition by the Borrower or another Loan Party of substantially all of the assets of that certain Person identified to the Administrative Agent in writing pursuant to that certain Letter of Intent dated January 15, 2019, on terms that have been disclosed to and discussed with the Administrative Agent prior to the First Amendment Date. 13"First Amendment Date Acquisition R&W Policy" means that certain representation and warranty insurance policy obtained by one of the Loan Parties in connection with the First Amendment Date Acquisition. "R&W Insurance Policy Payment" has the meaning set forth in Section 2.8(b)(vi) hereof 1.2. Section 1.1-of the Credit Agreement shall be further amended by deleting the defmed term "Luna R&W Insurance Policy Payment" appearing therein in its entirety. 1.3. Subsection ( d) of the definition of "Permitted Acquisition" set forth in Section 1.1 of the Credit Agreement shall be amended and restated in its entirety to read as follows: ( d) (i) the Total Consideration for the Acquired Business ( excluding the Acquired Business in the First Amendment Date Acquisition) shall not exceed $10,000,000 and, when taken together with the Total Consideration for all Acquired Businesses during the term of this Agreement ( excluding the Acquired Business in the First Amendment Date Acquisition), shall not exceed $35,000,000 in the aggregate; and (ii) the Total Consideration for the Acquired Business in the First Amendment Date Acquisition shall not exceed $23,000,000; 1.4. Section 2.8(b)(vi) of the Credit Agreement shall be amended and restated in its entirety to read as follows: (vi) If after the Closing Date, (A) the Borrower or any other Loan Party shall receive any payment in connection with a claim under the Luna R&W Insurance Policy, the First Amendment Date Acquisition R&W Insurance Policy or any similar insurance policy issued in connection with any Permitted Acquisition (but in any event excluding any amounts so received that are applied, or to be applied, by the Borrower or such other Loan Party for the purpose of (i) payment of ( or reimbursement of payments made for) claims and settlements to third Persons that are not Affiliates of a Loan Party, or (ii) covering any out-of-pocket expenses (including out-of-pocket legal expenses and any taxes) incurred by the Borrower or such other Loan Party in connection with obtaining such insurance payment or remediating any damages caused by any matter related to such claim under such insurance policy) (each such payment, a "R&W Insurance Policy Payment"), then the Borrower shall, within three (3) Business Days after receipt thereof, prepay the Obligations in an aggregate amount equal to 100% of the amount of such R&W Insurance Policy Payment. -2- 14SECTION 2. CONDITIONS PRECEDENT. The effectiveness of this Amendment is subject to the satisfaction of all of the following conditions precedent: 2.1. The Loan Parties, the Lenders and the Administrative Agent shall have executed and delivered this Amendment. 2.2. Legal matters incident to the execution and delivery of this Amendment shall be satisfactory to the Administrative Agent and its counsel. SECTION 3. REPRESENTATIONS. In order to induce the Administrative Agent and the Lenders to execute and deliver this Amendment, the Borrower hereby represents to the Administrative Agent and the Lenders that as of the date hereof (a) the representations and warranties set forth in Section 6 of the Credit Agreement are and shall be and remain true and correct (except that the representations contained in Section 6.5 shall be deemed to refer to the most recent financial statements of the Borrower delivered to the Administrative Agent) and (b) the Borrower is in compliance with the terms and conditions of the Credit Agreement and no Default or Event of Default has occurred and is continuing under the Credit Agreement or shall result after giving effect to this Amendment. SECTION 4. MISCELLANEOUS. 4.1. The Loan Parties heretofore executed and delivered to the Administrative Agent the Security Agreement and certain other Collateral Documents. The Loan Parties hereby acknowledge and agree that the Liens created and provided for by the Collateral Documents continue to secure, among other things, the Secured Obligations arising under the Credit Agreement as amended hereby; and the Collateral Documents and the rights and remedies of the Administrative Agent and the Lenders thereunder, the obligations of the Loan Parties thereunder, and the Liens created and provided for thereunder remain in full force and effect and shall not be affected, impaired or discharged hereby. Nothing herein contained shall in any manner affect or impair the priority of the liens and security interests created and provided for by the Collateral Documents as to the indebtedness which would be secured thereby prior to giving effect to this Amendment. 4.2. Except as specifically amended herein, the Credit Agreement shall continue in full force and effect in accordance with its original terms. Reference to this specific Amendment need not be made in the Credit Agreement, the Notes, or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to or with respect to the Credit Agreement, any reference in any of such items to the Credit Agreement being sufficient to refer to the Credit Agreement as amended hereby. -3- 154.3. The Borrower agrees to pay on demand all costs and expenses of or incurred by the Administrative Agent in connection with the negotiation, preparation, execution and delivery of this Amendment, including the fees and expenses of counsel for the Administrative Agent. 4.4. This Amendment may be executed in any number of counterparts, and by the different parties on different counterpart signature pages, all of which taken together shall constitute one and the same agreement. Any of the parties hereto may execute this Amendment by signing any such counterpart and each of such counterparts shall for all purposes be deemed to be an original. Delivery of a counterpart hereof by facsimile transmission or by e-mail transmission of an Adobe portable document format file (also known as a "PDF" file) shall be effective as delivery of a manually executed counterpart hereof. This Amendment shall be construed and determined in accordance with the laws of the State of New York (including Section 5-1401 and Section 5-1402 of the General Obligations law of the State of New York) without regard to conflicts of law principles that would require application of the laws of another jurisdiction. [SIGNATURE PAGES TO FOLLOW] -4- 16This First Amendment to Credit Agreement is entered into as of the date and year first above written. "BORROWER" WILLDAN GROUP, INC. By Isl Thomas D. Brisbin Name Thomas D. Brisbin Title Chief Executive Officer "GUARANTORS,, ELECTROTEC OF NY ELECTRICAL INC. PUBLIC AGENCY RESOURCES WILLDAN ENERGY SOLUTIONS WILLDAN ENGINEERING WILLDAN FINANCIAL SERVICES WILLDAN HOMELAND SOLUTIONS WILLDAN LIGHTING & ELECTRIC, INC. WILLDAN LIGHTING & ELECTRIC OF CALIFORNIA WILLDAN LIGHTING & ELECTRIC OF WASHINGTON, INC. ABACUS RESOURCE MANAGEMENT COMPANY INTEGRAL ANALYTICS, INC. NEWCOMB ANDERSON MCCORMICK, INC. By Isl Thomas D. Brisbin Name Thomas D. Brisbin Title Chairman of the Board [Signature Page to First Amendment to Credit Agreement] 17GENESYS ENGINEERING, P.C. By /s/ Rachel Seraspe Name Rachel Seraspe Title Vice President LUNA FRUIT, INC. By /s/ Thomas D. Brisbin Name Thomas D. Brisbin Title Chief Executive Officer [Signature Page to First Amendment to Credit Agreement] 18LIME ENERGY CO. LIME FINANCE, CO. LIME ENERGY SERVICES, CO. ENERPATH INTERNATIONAL HOLDING COMPANY ENERPATH SERVICES, INC. By: Isl Thomas D. Brisbin Name: Thomas D. Brisbin Title: Chairman of the Board [Signature Page to First Amendment to Credit Agreement] 19Accepted and agreed to. BMO HARRIS BANK N.A., as a Lender and as Administrative Agent By Isl Michael Gift N ameMichael Gift Title Director [Signature Page to First Amendment to Credit Agreement] 20MUFG UNION BANK, N.A., as a Lender By Isl Lance Zediker N ameLance Zediker Title Director [Signature Page to First Amendment to Credit Agreement] 21SECTION 302 CERTIFICATION OF CIIlEF EXECUTIVE OFFICER I, Thomas D. Brisbin, certify that: 1. I have reviewed this quarterly report on Form 10-Q ofWilldan Group, Inc.; Exhibit 31.1 2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report; 4. The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 1 Sd-1 S(f)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide-reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external putposes in accordance with generally accepted accounting principles; c) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and d) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5. The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting. Date: May 6, 2019 By: Isl Thomas D. Brisbin Thomas D. Brisbin Chief Executive Officer (Principal Executive Officer) 22Exhibit 31.2 SECTION 302 CERTIFICATION OF CIIlEF FINANCIAL OFFICER I, Stacy B. McLaughlin, certify that: 1. I have reviewed this quarterly report on Form 10-Q ofWilldan Group, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report; 4. The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; c) Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and d) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5. The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting. Date: May 6, 2019 By: Isl Stacy B. McLaughlin Stacy B. McLaughlin Chief Financial Officer and Vice President (Principal Financial Officer) 23Exhibit 32.1 Certification of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C. 1350, as Adopted Pursuant to § 906 of the Sarbanes-Oxley Act of2002 In connection with the Quarterly Report on Form 10-Q of Willdan Group, Inc. (the "Company") for the quarterly period ended March 29, 2019, as :filed with the Securities and Exchange Commission on the date hereof(the "Report"), Thomas D. Brisbin, as Chief Executive Officer of the Company, and Stacy B. McLaughlin, as ChiefFinancial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his or her knowledge: (1) The Report fully complies with the requirements of Section l 3(a) or 1 S(d) of the Securities Exchange Act of1934; and (2) The·information contained in the Report fairly presents, in all material respects, the financial condition and results ofoperations of the Company. By: /s/ Thomas D. Brisbin Thomas D. Brisbin Chief Executive Officer (Principal Executive Officer) May6,2019 By: /s/ Stacy B. McLaughlin Stacy B. McLaughlin Chief Financial Officer and Vice President (Principal Financial Officer) May 6,2019 This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of§ 18 of the Securities Exchange Act of 1934, as amended. A signed original of this written statement required by § 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. 24Attachment 2 25November 20, 2020 Mr. Marcus Fuller Assistant City Manager/City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 L~ ~ WILLDAN Subject: Budget Amendment Request No. 1 -Construction Management and Building Inspection Services for the Palm Springs Downtown Park -Police Substation Dear Mr. Fuller: Pursuant to our recent discussions, this letter is to request authorization to modify our original construction management services contract for the City's Downtown Park and Police Substation Project. Willdan's original budget of $425,000.00 included project review, technical oversight, construction management, material testing, deputy inspection, and construction administration for 12 months. Willdan's original estimate was based on a specified completion date of November 20, 2020, as stated in the City's revised Project Special Provisions. Due to numerous change orders and delays to the project, it is our understanding the revised scheduled date for completion is currently established as December 18th but may be revised to July 9, 2021. The City is currently negotiating several change orders with the Contractor and the Contractor has submitted a TIA (Time Impact Analysis) showing July 9, 2021 as the revised con:ipletion date for the Project. Willdan's Budget Amendment request provides the required construction engineering services needed to monitor the project beginning November 23, 2020 through the revised completion date of July 9, 2021. Willdan's budget request may be revised in the future, pending the City's approved of the Contractor's updated base line schedule and time impact analysis. Willdan's modification request would add an additional $317,990.00 to our original budget and provides the necessary construction management services needed to monitor the additions to the original contract through the expected revised completion date of July 9, 2021. To support this contract request, attached are two detailed spreadsheets for the City's review. The first spreadsheet, Exhibit A, shows Willdan's original cost proposal and is based upon the original contract; the second spreadsheet, Exhibit B, shows Willdan's best estimate to complete the work. Please keep in mind Willdan's estimate to complete the work is based on a project close-out date listed in the Contractor's current revised base line schedule and time impact analysis. Willdan's revised fee is based on our current staffing and, due to changes in the inspection prevailing wage rate, our revised fee includes a slight increase to our inspection rate from $110.00 to $114.00 per hour. In conclusion, Willdan Engineering's original budget of $425,000.00 would be increased by $317,990.00 for a revised total of $742,990.00. A modification is necessary to extend the services of the construction manager/public works inspector to assist the City through the expected project close out date of July 9, 2021. If you have any questions or need additional information, please contact me at (562) 364-8198. Respectfully submitted, WILLDAN ENGINEERING ~~~ Chris Baca, RCI, CESSWI Director, Construction Management Setvices and Inspection Services 910005/06-150/P20-368 Engineering and Planning I Energy Efflc!ency and Sustainability I Financial and Economic Consulting I National Preparedness and Interoperability 562.908.6200 I 800.499.4484 ! fax: 562.695.2120 I 13191 Crossroads Parkway North, Suite 405, Industry, California 91746-3443 I www.willdan.com 26TASK I CLASSIFICA 110N TOTALS PRE & POST CONSTRUCTION SERVICES Exhibit A City of Palm Springs FEE PROPOSAL FOR CONSTRUCTION ENGINEERING SERVICES Construction Management and Building Inspection Services for the Palm Springs Downtown Park-Police Substation Project Landscape Public Works Building & Casp Material Speaclalty Inspection Manager Architect (REI Inspection/CM Inspection (ADA) Testing 4 60 24 8 8 TASK 1 -PUBLIC WORKS INSPECTION/ADMINISTRATION 4 576 2384 100 40 TASK 2 ·MATERIAL lESTING 1 $33.44000 TOTAL MISC. TOTAL Clerical LABOR EXPENSE COST 1 $15,350 S250 $15600 4 $375800 $160 $375.960 $0 $33,440 $33440 TOTALS 9 636 2408 108 48 $33440.00 5 $391150 $33.850 $425,000 This not-lo-exceed fee is based on a 12-mcnths (Completion Date of 11-20-20) woll<ing day contract M<:lil1onal se1v1tes r.eede<:l beyon<:l the contract spec fled <:late or ccmplehon will be provt<led on a time-and-materiai basis al 'Nilldan s standar!l hour~/ rates Exhibit B City of Palm Springs FEE PROPOSAL FOR CONSTRUCTION ENGINEERING SERVICES Construction Management and Building Inspection Services for the Palm Springs Downtown Park -Police Substation Project Construction Public Works Building& Mate!ial I Clerical TASK/ CLASSIFICATION Manger Inspection Specialty Manager !Jason Brown) (Joe Putrlnol Inspection Testing TOTAL LABOR PUBLIC WORKS INSPECTION 0 660 1400 0 Oi 4 $261 580 MATERIAL TESTING & DEPUTY INSPECTION 0 0 0 300 01 6 $38 010 CONSTRUCTION MANAGEMENT 12 0 0 0 $15,000.001 12 $3,240 Total • Budaet Amendment Reauest No. 1 12 660 1400 300 $15,ooo.ool 22 $302.830 MISC. TOTAL EXPENSE COST $160 $261 740 $0 $38 010 $15,000 $18,240 $15,160 $317,990 'This proposal is based on a 165 workmg day (Noverroer 23, 2020 to July 9 2021) corst1uci1on contract Adldillonal SeMces needed beyond tl'js duranon wtU be provtded on a t1rne-and-malenal bas,s at Willdan's siandard hourly rates 2 Inspector hours are estimated and wdl be dependent upon tile Contractor's final approved base bne schedule and 11A t OJeltlrne inspection se!Vices are not induded, but will be b10ed at 1 5 times normal hourly rate 1! reqrnred and may reqrnre adjustrmmi to the approved budget Work perfOlmed by s;,-ppon staff v,1th titles not e;<pkcitly fisted herein will be charged ,n accordance W1fh Willdan·s standard hourly rates ' Direct expenses include pnnting!rnailing for pubfic outreach and lodging!m,leage for onsite personnel Direct cos1s incllide a 15% markup 27Attachment 3 28AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT, DOWNTOWN PALM SPRINGS PARK, CITY PROJECT NO. 15-07 BETWEEN THE CITY PALM SPRINGS AND RIOS CLEMENTI HALE STUDIOS 1. Parties and Date. This Amendment No. 2 to the Professional Services Agreement, Downtown Palm Springs Park, City Project No. 15-07 is made and entered into as of this _day of ___ __, 2020, by and between the City of Palm Springs ("City") and Rios Clemente Hale Studios, a California corporation with its principal place of business at 639 N. Larchmont Blvd., Suite 100, Los Angeles, CA 90004 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement, Downtown Palm Springs Park, City Project No. 15-07" dated January 16, 2018 ("Agreement" or "Contract") for the purpose of retaining the services of Consultant to provide professional services to prepare the Schematic Design, Design Development Documents, Construction Documents for biding related to the Palm Springs Park, City Project No. 15-07, ("Project"). 2.2 Amendment. The City and Consultant desire to amend the Agreement to provide additional professional landscape architectural and related design services through the extended construction schedule. The Parties have heretofore entered into that Amendment No. I dated October 30, 2018. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 1.8 Additional Services and 2.8 Changes in Scope of the Agreement. 3. Terms. 3.1 follows: Scope of Services. Section 1.1 of the Agreement is hereby amended to read as "Exhibit A" Scope of Work is hereby revised by incorporating the additional professional services outlined in the Consultants letter dated December 1, 2020, attached hereto and incorporated herein by reference. 3 .2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended to read as follows: The Maximum Contract Amount is increased by $240,294 to a new Maximum Contract of $1,247,054. Page I of 4 Revised: May 2020 55575.18165\32972087.l 293.3 Method of Payment. Section 2.2 of the Agreement is hereby amended to read as follows: "Exhibit C" Schedule of Compensation is hereby revised by incorporating the additional fees for professional services outlined in the Consultants letter dated December 1, 2020, attached hereto and incorporated herein by reference 3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3 .6 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7 Counterparts. This Amendment No.2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 4 Revised: May 2020 55575. l 8 l 65\32972087.1 30SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT, DOWNTOWN PALM SPRINGS PARK, CITY PROJECT NO. 15-07 BETWEEN THE CITY OF PALM SPRINGS AND RIOS CLEMENTI HALE STUDIOS IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Services Agreement, Downtown Palm Springs Park, City Project No. 15-07 as of the day and year first above written. CITY OF PALM SPRINGS Approved By: David H. Ready, PhD City Manager Date Attested By: Anthony Mejia City Clerk Approved as to Form: Jeffrey S. Ballinger City Attorney APPROVED BY CITY COUNCIL: Date: ___ Agreement No. __ 55575. 18165\32972087.l RIOS CLEMENTI HALE STUDIOS Signature Name Title Signature Name Title Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Page 3 of 4 Revised: May 2020 31CALIFORNIA ALL-PURPOSE ACIUIOWI.EDQIIIENT CMl CODE§ 1189 A naaay pubtic or Olhar oftilcw ccqtaling 1ti:a C8l'llicSl:8 \lllffiaa mt, 111e idan1ily of the indimal w ai!Jted 1ha doc:umant 10 which this car1ifical'& ia allachad, 1111d not 111a l1Ulhfurma. m:uq Cl' vaicily of dlSt doc:una1t. Slate af Caifomia County of __________ _ On ________ befcrema. _________________ _ Date paraonal~appearad ___________________ _ who proved to me an 1he bmia of aatisfactory avidance to be the penan(a) whose nama(s) ia/819 aubacribed to the within inalrumant and aclcnowladgad to me that he/ahalthav axacuted the sane in hiat1wllhairaulhmized capacily(IIS). and that by hiB/harliheraignatura(s) ontha ~1he peraan(B). ar the entity upon behaJf of which the peraon(s) acted. uscuted the inlllnmlenl J certify under PENAL TY OF PERJURY under the laws of the 8tal9 of Cafifomia 1hat the farugoi,.g paragraph is true and corracl WllNE8S my hand and official 8IB8L. Signafure _________ _ Signl!tut& of Nolaty Public -------------OPT10NAL-------------Thouflh thia seclion is opfion&I. compjsting this mfonnstian can dstef alhntibn of 1he document ot traucillent INttachmant at this farm m an ur1inlBIKled document Deacription of Attached Document Tltle or Type of Document __________ Docunait Dal&: ______ _ Nwnber af Pagaa: ___ Signar(a) Olhar Than Named Above: __________ _ CapacitweaJ aaimed by &ignet(a} Signer"a Name: _________ _ Signar"a Name: _________ _ • Corponda Officer -TiffaCs): ____ _ • Corponda Officer -lilla(B): ------• Partner -• limited • Ganaral • Panw--• Umitad • Geraal • lndividuat • Attorney in Fact • lndivicbl1 • Attomay in Fact • Trustee • Guan:ian or Conaervator •Truatee • GLl!ll'dian or Conaemdor OOlhar: ___________ _ •Other:------------Signer la Rapraaenting: ______ _ Signer la Aefnaeming: -------.<o.o. ~-:x.oc.u:.cx.o:::-GiiiCOVEA&\..C5ESi66E3i&S«A«s<i(J( u u:o.o . ...,.. :x.cx.cx.a.«oeoe.• -t ae: SCiCSNWWW«stnn u cco.o ...... ::a..< Page 4 of 4 Revised: May 2020 5 557 5 .18165\32972087 .1 32RIOS 3101 W. Exposition Place Los Angeles, CA 90018 (323) 785-1800 rios.com December 1, 2020 David Ready, Esq., Ph.D., City Manager/City Engineer Marcus Fuller, MPA, PE, PLS, Assistant City Manager/City Engineer City of Palm Springs Palm Springs City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Sent via email: marcus.fuller@palmsprings-ca.gov Additional Services Proposal #6 Extended Construction Observation Phase Duration, Sedimentary Wall/Water Feature Waterproofing Design, & Causeway Column Fireproofing Design Palm Springs Downtown Park Dear David and Marcus, We are pleased to provide you with this Additional Services Proposal to provide extended construction phase support and waterproofing design services for the Palm Springs Downtown Park project located in Palm Springs, CA. Scope of Work Scope 1: RIOS is to provide extended Construction Observation Phase services to cover the construction schedule extension anticipated by Fast Track Construction through July 2021. This proposal assumes an addition of 8 months to the Construction Observation Phase from the originally anticipated completion date of November 2020. This scope will also involve additional trips to the site as required. Scope 2 (Parts I/ II}: DTR Waterproofing Consultants is to provide review of construction documents and recommendations for waterproofing for the sedimentary wall and water feature. See DTR proposal attached. Part I: Water Feature/ Part II: Substation Facade Scope 3: Jensen Hughes is to advise on construction detail to protect causeway steel column fireproofing against damage. See Jensen Hughes proposal attached. 33Palm Springs Park Add Service #6 page2 Fee Scope 1 Fee (RIOS): Scope 2 Part I Fee (DTR): Scope 2 Part II Fee (DTR): Scope 3 Fee (JENSEN HUGHES): RIOS Fee Breakdown HE BREAKDOWN -RIOS Creative Director Studio Director Senior Project Designer/PM -Landscape Senior Project Desit1ner -Architecture Project Director -Landscape Architecture Designer -Architecture Sernor ProJect Designer -S1gnage!Graphics Designer -S1gnage/Graph1cs Terms & Conditions Resource Mark RIOS Nate Cormier Jason Shinoda LaumKos Heejaelee Ciystal Huang ErmW1Urams M1sato Hamazak1 Weeks Hrs:Wk 35 35 35 16 35 ·to Hours 0.25 0.5 12 12 12 4 $219,619 $9,675 $7,000 Hourly. NTE $4.000 TOTAL $240,294 Rate Fees 8.75 $325 $2,844 17.5 $250 $4.375 420 $200 $~4.000 192 $200 $38.400 420 $180 $75,600 64 $140 $8,960 16 $200 $3,200 16 $140 $2.240 total $219,619 1. This proposal is conditioned by the existing agreement between Rios, Inc. and The City of Palm Springs, signed January 3, 2018. The terms and conditions of that agreement are incorporated into this agreement by reference. Please call if you have any questions regarding this proposal. If it appears to be in order, please return a signed copy to this office. I look forward to working with you on this project. Sincerely, RIOS Mark Rios, FAIA, FASLA Creative Director; Partner Nate Cormier, ASLA, PLA, LEED AP Managing Studio Director Date: ____________ _ Accepted By: ___________ _ 34(}) 0 0 N g ro r.l) 0 0. 0 0.. dtr December 01, 2020 Consulting Services a design technical resource company Jason Shinoda RIOS 3101 Exposition Place Los Angeles, CA 90018 (323) 785-1825 jshinoda@rchstudios.com Sacramento San Francisco Orange County Los Angeles www.dtrcs.com Re: Revised proposal for Building Envelope Consulting Services -Palm Springs Downtown Park Water Feature and Fa9ade Waterproofing Dear Mr. Shinoda, We are pleased to re-submit this proposal to RIOS for Building Envelope Consulting Services for the Palm Springs Downtown Park Project in Palm Springs, California. This proposal is based on documents prepared by RIOS, dated Oct 23, 2019 (see attached "Briefing Package"). 1. Project Description: Waterproofing design review for portions of the park including the water feature and the exposed shotcrete "sedimentary" fa9ade. New waterproofing to tie into and be compatible with waterproofing recently install by others, including design for expansion joints between structures. 2. Proposed Scope of Services: DTR proposes to provide Building Envelope (BE) Consulting Services for the above-mentioned project as outlined below: Part I Water Feature • Plan & Detail QC/Constructability Review with comments • Provide additional detail sketches, as needed (for special conditions) • Waterproofing Product Recommendations & Draft Waterproofing Specifications • Review Field condition to verify site materials/installation to validate recommendations Part II Substation Fa~ade • Plan & Detail QC/Constructability Review with comments • Provide additional detail sketches, as needed (for special conditions) • Waterproofing Product Recommendations & Draft Waterproofing Specifications • Review Field condition to verify site materials/installation to validate recommendations Corporate Office 1221 Pleasant Grove Blvd, Ste.100 Roseville, CA 95678-7214 t:(916)772-3600 f:(916)772-3633 350) 0 0 N g Building Envelope Consulting Services RIOS -Palm Springs Downtown Park Waterproofing December 01, 2020 3. Water Feature Horizontal and Vertical Wall Waterproofing: Pg.2 A. Plan & Detail QC/Constructability Review: DTR proposes to conduct specific plan review cycle specific to the Waterproofing aspects of the project, at Current Issued for Construction Set. Document review to include all related disciplines' drawings and specifications. Comments and recommendations will be red-lined and annotated on the Architect's PDF drawings and details, PDF specifications/ project manual comments B. Site Review of the Field Conditions:. Review of the actual site conditions to be made including identifying installed waterproofing products actually installed and condition of the material and terminations to validate any recommendations made on the current waterproofing details. Information received to date suggest we look that all materials are compatible with each other and that intersections of materials provide for a complete waterproof design. 4. Substation Fa~ade: A. Quality Assurance Plan Review: DTR proposes to conduct a specific plan review of at least four (4) different wall conditions and planter specific to the Waterproofing of the project, based on the current Issued for Construction Set. Document review to include all related disciplines' drawings and specifications. Comments and recommendations will be red-lined and annotated on the Architect's PDF drawings and details, PDF specifications/ project manual comments. Specific review of the architectural details and wall sections including below-grade and slab-on-grade assemblies, window and door details, exterior building skin assemblies, parapet and roof assemblies and all related products. DTR will suggest products and alternates and potential modifications to details, sections or other areas of the documents to meet current Building Envelope industry standards. The Architect is responsible for incorporating these recommendations into the construction documents. B. Site Review of the Field Conditions:. Review of the actual site conditions to be made including identifying installed fa9ade construction products actually installed and condition of the material and terminations to validate any recommendations made on the current waterproofing details. Photo's received to date suggest we look that all materials are compatible with each other and that intersections of all new shotcrete and flashing materials provide for a complete waterproof design. 5. Water Feature Horizontal and Vertical Wall Waterproofing Compensation: A. Waterproofing QC Review/ Recommendations Arch Drawings/ Water Intrusion Prevention Plan/Peer Review Specifications Field Review Coordination/ Teleconferences (up to 3 hrs) TOTAL PART I LUMP SUM FEE plus .... Part I Total Reimbursable Allowance RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 $9,675.00 $9,675.00 $600.00 360) 0 0 N g © (/) 0 Q.. 2 a.. .tc5 Building Envelope Consulting Services RIOS -Palm Springs Downtown Park Waterproofing December 01, 2020 Pg. 3 6. Substation Fa~ade, Planter and Pump Room Intersection -Compensation: A. Waterproofing QC Review/ Recommendations Arch Drawings/ Water Intrusion Prevention Plan/Peer Review Specifications Field Review Coordination/ Teleconferences (up to 3 hrs) TOTAL PART I LUMP SUM FEE pius .... Part II Total Reimbursable Allowance $7,000.00 $7,000.00 $450.00 7. Expenses: Reimbursable Expenses are not included in the Lump Sum Fees above. Expenses to include mileage, postage, telephone toll charges, travel expenses from our office, printing cost of architectural progress drawings and reports, deliverable printing expenses (paper or electronic printing) for DTR deliverables, and miscellaneous expenses directly required for the project. Architect to provide PDF and/or hard copies of drawings and reports delivered to DTR. Expansion of the schedule and/or scope and deliverables will increase this sum. If reimbursable expenses are n.at included in the Prime Agreement with the Owner, the above sum must be added to DTR's lump sum contract compensation. .No. expenses are included in our Base Scope or Optional Services fees within this proposal and will be billed separately with backup documentation. 8. Hourly Rates: DTR Consulting Services offers high quality professional services at reasonable fees. Our project fees are based on the attached hourly rates, plus expenses; we are happy to provide a "firm fixed price" quotation for your project. This project includes a Lump Sum for our base scope of work as noted in our Quick Quote. We will not exceed this Lump Sum without written direction and approval. Note: All hourly work will be billed at the rates attached, plus expenses. DTR Consulting Services, Inc. reserves the right to adjust hourly rates on an as needed basis to reflect market conditions. Adjustments to fee schedule will not affect Lump Sum agreements. 9. Extra Services: Work not specifically described above or noted as excluded must be authorized separately as additional services at the attached following rates including, but not limited to, additional product investigation, development of work for other disciplines, modification of our scope as documented to DTR at the time of this proposal including adding phases, adding additional reviews or back check reviews, Hygrothermal modeling, items indicated to be provided by others, prolonged product review, substitution request reviews, reviews of incomplete drawings/ specifications or items with delayed delivery, compression or extension of project schedule and more detailed review or review of work from other sources. RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 370) 0 0 N g ro ti) 0 0. e 0. ~ Building Envelope Consulting Services RIOS-Palm Springs Downtown Park Waterproofing December 01, 2020 Pg.4 10. Terms: Work shall start upon receipt of a "formal notice to proceed" on firm letterhead, along with a signed copy of this proposal, including initialing the Contract Provisions, or AIA C401/ C402 Architect/Consultant Agreement using these proposal terms, scope and fee. DTR cannot begin work without a signed agreement and receipt of a retainer, if required. Upon review of agreement, DTR reserves the right to adjust accordingly its proposed fee based on unknown conditions within the Architect/Consultant Agreement and changes in our assumptions or consultants. Services are billed on a monthly basis. Payments are due within 45 days from date of Invoice. The balance of each Part will be billed upon the completion of that Part. Proposals are valid for sixty days from date of proposal. 11. The proposed services are intended to provide professional recommendations to develop the documents used in the construction of the building and are not a guarantee or warranty to the watertight integrity of the structure, nor is it meant to direct the means and methods for the contractor. This is the requirement and responsibility of the Contractor. 12. Please be advised that DTR Consulting Services and our Consultants are not functioning under this scope as a forensic or environmental consultants and to that extent we do not claim as a part of these proposed services any prescribed remediation that would accomplish the elimination or prevention of any past, present or future conditions associated with indoor air quality problems or the presence of biological growths, mold or mildew. I very much appreciate your consideration of our firm for this work. I would be happy to discuss any comments or questions regarding this proposal. I can be reached at (916) 772-3600. Sincerely, Thomas C Berger, Managing Principal DTR Consulting Services, Inc RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 380) 0 0 ("\l g Building Envelope Consulting Services RIOS -Palm Springs Downtown Park Waterproofing December 01, 2020 Pg. 5 Approval: Authorized signature from each firm below indicates approval of the scope of services, schedule, compensation and other terms and conditions noted above. v ~ -.. ~.,-,-•-12,01,2020 Thomas C Berger, Managing Principal DTR Consulting Services, Inc. Attch: Hourly Billing Rates 2020 -2021 cc: Accounts Manager File RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 Date Authorized Signature RIOS Date Name: _____________ _ Title: 39N 0 N 6 N 0 N HOURLY RATE SCHEDULE 1 Managing Principal Principal Architect Associate, Architect/Engineer Sr. Forensic Architect/Consultant Senior Building Envelope Architect/Consultant Bldg Envelope/Waterproofing Architect Ill dtr Consulting Services a design technical resource company Sacramento San Francisco Orange County Los Angeles www.dtrcs.com Quality Control Specialist/Building Assessment Specialist Envelope/Waterproofing Architect II $275 /hour $260 /hour $240 /hour $235 /hour $225 /hour $195 /hour $195 /hour $190 /hour Bldg Envelope Field Technician/Inspector Building Envelope Consultant/Architect I Senior Architect/ Specifier 111 Door Hardware, Sr. Specialist Bldg Envelope Job Captain 111 Technical Construction Specifier II Technical Staff/Assistant Specifier I Support Staff Clerical Other Services: Shift Differential (6pm to 6am) Expert Legal Support Expert Testimony Services Field Tests of Windows and Doors Specialized Testing/Analysis $175-190 /hour $175 /hour $175 /hour $165 /hour $160 /hour $158 /hour $140 /hour $125 /hour $ 85 /hour Rates+ 20% Rates+ 25%2 Rates+ 75%3 Quotes Upon Request Quotes Upon Request All hourly work will be billed at the rates above, plus expenses. DTR Consulting Services, Inc. reserves the right to adjust hourly rates on a as needed to reflect market conditions, including increased cost incurred by new regulatory or project mandates. Adjustments to fee schedule may not affect Lump Sum agreements. 1 Hourly rates list are for professional services for construction specifications, building envelope-waterproofing design/ commissioning, QC/peer reviews, construction administrative, site investigation and forensic work during the course of new/renovated projects, forensic services and/or other technical professional services. Travel time is charged at full published rates, plus expenses. 2 Professional fees for expert staff services for document review, attorney coordination, informal exchange among experts, document investigation, forensic investigation, reports, exhibits, support for attorney presentations and similar services. 3 Expert Witness participation in mediation, arbitration or expert witness testimony in deposition, trail or other legal proceedings. Expert billing time starts from Expert arrival on site to actual departure. Travel time is billed at regular rates. Corporate Office 1221 Pleasant Grove Blvd, Ste 100 Roseville, CA 95678-7214 t:(916) 772-3600 f:(916) 772-3633