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HomeMy WebLinkAboutA8510 - CHATTEL, INC. Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT A8510 BETWEEN THE CITY PALM SPRINGS AND CHATTEL, INC. 1. Parties and Date. This Amendment No. 3 to the Professional Services Agreement is made and entered into as of this 26th day of February, 2025, by and between the City of Palm Springs (“City”) and Chattel, Inc. (“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 A8510” dated April 9, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 9, 2020 to April 9, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020. 2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 9, 2020 to April 9, 2024. 2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 9, 2024 to April 9, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024. 2.4 Amendment #3. The City and consultant desire to extend term for six months. 2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 2.3 of the Agreement. 3. Terms. 3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows: “Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for five (5) years and Six (6) months, commencing on April 9, 2020, and ending on October 9, 2025.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as Docusign Envelope ID: C399C38D-0296-4C27-ADC5-EA9EA7312656 Page 2 of 3 Revised: 10.31.23 amended by this Amendment No. 3. 3.3 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. 3. 3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 3 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] Docusign Envelope ID: C399C38D-0296-4C27-ADC5-EA9EA7312656 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CHATTEL, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: ____________________________ By: _____________________________ Chattel, Inc. Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A Agreement No. A8510 APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: C399C38D-0296-4C27-ADC5-EA9EA7312656 3/12/2025 3/13/2025 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT A8510 BETWEEN THE CITY PALM SPRINGS AND CHATTEL, INC. 1.Parties and Date. This Amendment No. 2 to the Professional Services Agreement is made and entered into as of this 19th day of March, 2024, by and between the City of Palm Springs (“City”) and Chattel, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2.Recitals. 2.1 Agreement. The City and Consultant entered into an agreement entitled “Professional Services Agreement A8510” dated April 9, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide On-Call Architectural Historian Services for a variety of future historic resource-related projects for a term of April 9, 2020 to April 8, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020. 2.2 Amendment Letter. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 9, 2020 to April 8, 2024. 2.3 Amendment #2. The City and Consultant desire to amend the Agreement to extend the term and specify the compensation. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 2.3 of the Agreement to exercise. 3.Terms. 3.1 Compensation of Consultant. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows: “Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “D”. The total amount of Compensation shall not exceed $75,000.” 3.2 Term. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows: “Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for five (5) years, commencing on April 9, 2020, and ending on April 8, 2025.” DocuSign Envelope ID: 43121954-E5DB-46F7-BD85-0B51DFB1EB4B Page 2 of 3 Revised: 10.31.23 3.3 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. 3.3 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. 3.4 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. 3.5 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] DocuSign Envelope ID: 43121954-E5DB-46F7-BD85-0B51DFB1EB4B Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CHATTEL, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date:Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 03/19/2020 Item No. 1S (A8510) APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 43121954-E5DB-46F7-BD85-0B51DFB1EB4B 4/9/2024 4/9/2024 City of Palm Springs Department of Planning Services 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8245 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov March 13, 2023 Chattel, Inc. ATTN: Robert Jay Chattel, President 13417 Ventura Blvd. Los Angeles, CA 91423 Re: On-Call Professional Services for an Architectural Historian Agreement No. A8510 Dear Mr. Chattel: The referenced agreement expires on April 9, 2022, and in accordance with Section 3.4 of said Agreement may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to April 9, 2024. This is the first of 2 one-year extensions provided for in said agreement. The option for a price adjustment not to exceed the Bureau of Labor Statistic’s Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date has been waived at your request. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, _________________________________ Christopher Hadwin Director of Planning Services Approved by: _________________________________ _____________________________ Scott Stiles, City Manager Date Please sign and return to the City of Palm Springs to agree to extending Agreement A8510 for one (1) year ending April 9, 2024. __________________________________ _____________________________ Chattel Inc. Date DocuSign Envelope ID: A5130FC4-86E1-4346-A6B0-0337BCFD3921 3/14/2023 3/14/2023 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ARCHITECTURAL HISTORIAN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (herein er "Agreement") is made and entered into, to be effective this q day of A K\ k20� by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Chattel, Inc., (hereinafter referred to as"Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call"Architectural Historian Services for a variety of future historic resource-related projects, (hereinafter the"Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Architectural Historian Services for a variety of future historic resource-related projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW,THEREFORE,in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the"Services"or"Work"). As a material inducement to the City entering into this Agreement,Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with Us understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits `B" and "C", respectively, are.incorporated by reference . and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. 1-31-18 All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (Is)the terms of this Agreement; (2"d) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3'd) the .provisions of the City's Request for Proposal (Exhibit`B"l; and, (4d') the provisions of the Consultant's Proposal (Exhibit"C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder; including'without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant,shall,at its sole cost and expense,keep in effect at all times during the term of this Agreement, any license,permit,qualification,or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees,assessments, and taxes,plus applicable penalties and interest,which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant(a)has thoroughly investigated and considered the Scope of Services to be performed, (b)has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to famish continuous protection to the Work and the equipment,materials,papers,documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments,prepare all documents,and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or Director of Planning Services as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order 1-31-18 the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Planning Services to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement,and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands,losses,costs,judgments,arbitration awards,settlements,damages,demands,orders,or penalties which arise out of or are related to such employment,together with any and all costs,including attorneys' fees,incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum"shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and.in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Planning Services or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense,transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City 1-31-18 authorized "Task Orders" (Purchase Orders) with corresponding Not-to-Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement,the City Council hereby authorizes the subsequent approval of individual Task Orders(Purchase Orders)in those amounts sufficient to cover the cost of required services'(pursuant to Schedule"D")necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth(10)working day of such month, Consultant shall submit to the City,in a form approved by the City's Finance Director,an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment,per month. 2.3 Changes in Scone. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including,but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or(b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 1-31-18 3.3 Force Nlaieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including,but not limited to, acts of God or of the public enemy,unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one(1)year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Robert Chattel. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Offlcer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to cant'out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement,nor any part thereof,nor any monies due hereunder,voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. 1-31-18 Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant,and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees,or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax_withholding,unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries,wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, sub- Consultants, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this 1-31-18 Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability(errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant;or(b)if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a"claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carver or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period,new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its sub-Consultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of 1-31-18 Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00)general aggregate for bodily injury and properly damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage,products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain,in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non- owned,leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Reguirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement,Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers,council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies,including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured,including additional insureds,against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these 1-31-18 requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required)to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that sub-Consultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with sub-Consultants and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but 1-31-18 not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage.Consultant shall finnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage,may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. "or 'for any and all workperformed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above,the City of Pahn Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain 1-31-18 the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense),indemnify,protect,and hold harmless City,its elected officials,officers,employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a"design professional services agreement"and Consultant is a"design professional" under California Civil Code Section 2782.8, then: A.To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense),protect and hold harmless City and its elected officials,officers, employees,agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively"Indemnified Parties")against any and all liabilities,claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property,which Claims arise out of,pertain to, or are related to the negligence,recklessness or willful misconduct of Consultant, its agents, employees, or sub-Consultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of,pertain to, or relate to Indemnified Claims,whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim"may arise out of,pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or 1-31-I8 subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed,until such action is final. C.The Consultant shall require all non-design-profession sub-Consultants,used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time,costs,expenses,and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, sub-Consultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its sub-Consultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 1-31-18 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books,records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books,records,data,and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three(3)years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time,without cause, in whole or in part,upon giving Consultant thirty(30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement,unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition,the Consultant reserves the right to terminate this Agreement at any time,with or without cause,upon sixty(60) days written notice to the City, except that where termination is due to material default by the City,the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall 1-31-18 constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement,he/she shall notify Consultant in writing of such default. Consultant shall have ten(10) days, or such longer period as City may designate,to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law,in equity,or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured,provided that nothing.herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such 1-31-18 proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30)days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any director indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or,give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race,religion, color, sex, age,marital status, ancestry,national origin(i.e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity,gender expression,physical or mental disability,or medical condition(each a"prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement,infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim,provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of,pertains to, or is related to the negligence,recklessness or willful misconduct of Consultant. However,Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or 1-31-18 (2)the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under .any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim,provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii)five(5)business days after the date of posting by the United States Post Office if by mail; or(iii)when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Ci City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm springs, California92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Robert Chattel, President Chattel, Inc. 13417 Ventura Blvd Los Angeles, CA 91423 818-788-7954 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law;but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the 1-31-18 reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that(i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) 1-31-18 ' IN WITNESS WHEREOF,the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTSAPPROVED: CITY F PALM SPRINGS, CA By Bp' An Mejia, Ci y Cler David H. Ready, City r Date: -o Ll I('11J10 W Date: r i a n APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: B A Date:IftlaAgreement No. Je S. 11ing , City Attorney Date: /err / /� z c q 7oa APPROVED BY CRY COUNCIL QSiSlfl � �-�R"Za CONSULTANT Name: Chattel, Inc. Check one:_Individual_Partnership x Corporation 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. Address: 13417 Ventura Blvd Los Angeles, CA 91423 By: billolf 6Q& By: Signature Signature Name: Robert Chattel Name: Title: President, Secretary and Treasurer Title: 1-31-18 EXHIBIT"A" SCOPE OF SERVICES SCOPE OF SERVICES: The scope of services and principal responsibilities may include, but are not limited to, the following (all services may or may not be necessary on each-project): HISTORIC RESOURCE REPORTS: 1. Kick-off meeting (may typically be handled telephonically). 2. Evaluation of site or resource (including possible site visit). 3. Background data research on the subject site, object, building, landscape and/or resource. (including City building permits, organizations such as the Palm Springs Historical Society, the California Digital Newspaper Collection and other publications, chain of title (title reports), and any other sources of archival information. 4. Evaluation of the site against the qualifications and criteria outlined in the City's historic preservation ordinance (PSMC 8.05). 5. Preparation of a written report describing and documenting the site, its qualifications and any other relevant information that supports the consultants' evaluation of the site against the criteria in the City's historic preservation ordinance. (Note: report submittal will be first in screen check draft format which will be reviewed by City staff for final edits for submittal of final report. 6. Telephonic or in person meetings with City staff and /or HSPB and /or City Council as required. OTHER HISTORIC RESOURCE PROFESSIONAL SERVICES SUCH AS: • Apply the National Park Services' criteria for evaluating historic properties and California standards. • Use and application of the standard industry "DPR forms". • Provide historic resource assessments for environmental review compliance under programs including the California Environmental Quality Act("CEQA"), including archaeological reports and assessments. • Develop other historic preservation related documents such as Historic District Design Guidelines. • Analyze and prepare focused context statements and evaluation of sites in areas under consideration for historic district nomination • Ability to conduct field surveys as needed on individual sites for purposes of, or in conjunction with, completing historic resource reports. • Ability to complete nomination packages for submission for consideration of listing on the National Register of Historic Places. • Review development projects for compliance with the Secretary of the Interior's Standards. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing and other resources required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. The format for all text documents, tables, charts, photographs and/or illustrations shall be 8 1/2" x 11" vertical with 12-point"Times" or"Arial"font for the main body of text. If oversize documents or diagrams are necessary, they may be formatted up to 11" x 17". Document covers for all related documents shall be coordinated so they appear as a"set". All hard copy administrative drafts, drafts, and final documents shall be single-sided, black ink, on white or light recycled stock paper. Color may be used for images, photographs and/or other types of illustrations that may be necessary to include in the report. The reports, both draft and final shall be provided in both paper copy and electronically on disk or thumb drive. The City is not providing any specifics at this time regarding any anticipated projects that may be contemplated in the future. This is an on-call services agreement for an extended multi-year term. Projects will be assigned to firms as the City deems appropriate and necessary. , EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS (On file in the office of the City Clerk.) EXHIBIT"C" CONSULTANT'S PROPOSAL rf yp Chattel,Inc. ( Historic Preservation Consultants January 13, 2020 VIA FEDERAL EXPRESS Mr. Craig Gladders, C.P.M., Procurement& Contracting Manager Procurement and Contracting Department City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Re: Response to Request for Proposal#08-20 On-call Historic Resource Professional Services Dear Mr. Gladders: We are pleased to provide this proposal for On-Call Historic Resource Professional Services to the City of Palm Springs, California. Chattel, Inc. (Chattel) is particularly familiar with Historic Preservation in the City of Palm Springs (City), and as you will see from enclosed staff biographies, descriptions of relevant project experience, and references,we are well qualified to complete tasks outlined in the RFP. Through diverse projects for public, private, and non-profit sector clients, we have both wide-ranging and in-depth knowledge of complex historic resource issues in Palm Springs and the Coachella Valley,the Los Angeles region, and the western United States. For the past 25 years, our firm has been a leader in providing historic resource reports, conducting historic resources surveys, preparing preservation plans and policy documents, and assessing potential project impacts for conformance with the Secretary of the g Interiors Standards for the Treatment of Historic Properties(Secretary's Standards) under the California Environmental Quality Act(CEQA)and other applicable regulations. a N Rates presented by Chattel, Inc. are our reduced municipal rates; as such, Chattel will charge a travel fee at the employee's discounted rate to not exceed more than two hours one-way. 0 We look forward to collaborating with the City to enhance and preserve the distinctive historic, architectural, and landscape characteristics that represent the City's cultural, social, economic, political, and architectural history—executing the work efficiently, on time, and within budget. Should you have any z questions, please contact me at(818)788-7954 or robert@chattel.us. 4 4 Best regards, o 4 CHATTEL, INC. m W n By: n Robert Jay h t AIA, President California Atdhitect License No. C27398 m m U z 0 G PAGE INTENTIONALLY LEFT BLANK ENVELOPE 1: QUALIFICATIONS RESPONSE TO REQUEST FOR PROPOSALS ON-CALL HISTORIC RESOURCES PROFESSIONAL SERVICES RFP #08-20 Submitted to Mr. Craig Gladders, C.P.M., Procurement&Contracting Manager Procurement and Contracting Department City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Submitted by Chattel, Inc. I Historic Preservation Consultants 13417 Ventura Boulevard Los Angeles, CA 91423 (818)788-7954 www.chattel.us January 13, 2020 TABLE OF CONTENTS SECTION A: Firm, staff, team qualifications and demonstrated experience in providing historic resource reports as defined in RFP for cities similar in character to Palm Springs. SECTION B: Proposal organization, conformance with RFP instructions, and demonstrated understanding of the overall project and requested scope of work. SECTION C: Experience in ability to provide other historic resource professional services as defined in the RFP. SECTION D: Local preference. Attachments Attachment A: Completed Signature Authorization and Addenda Acknowledgment Attachment B: Completed, and Notarized,Affidavit of Non-Collusion Attachment C: see Envelope 2: Fees/Cost Proposal Attachment D: No Conflict of Interest and Non-Discrimination Form Attachment E: Completed Business Disclosure Form Addenda No. 1 Appendices 1, Resumes 2. Project Sheets 3. Historic Resource Report Examples 4. Historic District Design Guidelines sample CHATTEL, INC. HISTORIC PRESERVATION CONSULTANTS PAGE I SECTION A: Firm,staff,team qualifications and demonstrated experience in providing historic resource reports as defined in RFP for cities similar in character to Palm Springs. A.1 See Attachments A and B. A.2 Chattel, Inc., (Chattel) is a California corporation owned and operated by President and Principal Historic Architect Robert Chattel, is a consulting firm that provides solutions for historic,properties. For 26 years Chattel's staff of architects, historians, and planners has worked to get financial incentives like tax credits for rehabilitation projects. Chattel also helps governmental agencies and stakeholder groups identify important community resources and plan for their preservation. The regulatory world surrounding development projects can be complex, but Chattel has the skills and experience to streamline project review and achieve creative changes to historic properties. Chattel assists clients throughout the western United States from its Los Angeles office. Please read about the company's success stories at www.chattel.us. Chattel offers a full range of preservation-related services, including: • Section 106 of the National Historic Preservation Act compliance • National Environmental Policy Act(NEPA) documentation • California Environmental Quality Act(CEQA) historic resources technical reports and ' Environmental Impact Report(EIR) sections • Secretary of the Interior's Standards for the Treatment of Historic Properties(Secretary's Standards, Preservation, Rehabilitation, Restoration, and Reconstruction) conformance and design collaboration • State Historical Building Code guidance • Certificates of appropriateness assistance • Historic resources surveys and historic property evaluations • Historic context statements • National Register, California Register, and local landmark nominations • Rehabilitation taxcredit applications • Mills Act applications and rehabilitation plans; pre-approval and periodic inspections • Save America's Treasures and other grant program assistance • Historic American Buildings Survey(NABS) documentation • Interpretative and educational publications and exhibits • Consultation with government staff and officials, including State Historic Preservation Officer (SHPO) • Peer reviews and expert testimony • Historic preservation ordinances and plans Upon receipt of a signed work order, there is an internal meeting to discuss project objectives, budget, and delivery timeline. The first week or so is used schedule a project kick-off meeting with the City and site visits are scheduled, as necessary, and to gather as much research as possible, identifying best repositories, and questions that need to be answered for a successful evaluation. The budget is analyzed, a schedule is created, and tasks are assigned per associate involved to ensure work product is completed on time and within the previously agreed amount. CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 1 1C1X11ZN `T I L A.3 Duke CRM (Duke) provides private and public clients with the highest quality archaeological, historical, and paleontological consulting services. Duke balances the importance of preserving significant historical, archaeological, and scientific resources with the needs of a growing and changing human environment. To do this, they approach each project with sound science combined with regulatory strategy to seek development solutions. Duke staff are experts in the California Environmental Quality Act(CEQA), the National Environmental Policy Act(NEPA), and the National Historic Preservation Act (NHPA, Section 106). Duke staff has vast experience on several thousands of projects working with many federal and state agencies,.including: Caltrans, FHWA, SHPO,ACOE, FRA, CPUC, CEC, ELM, USFS, ACHP, DOD, FCC, DWR, and SWRCB,:to name a few. In addition, Duke regularly work for local agencies. Duke's services include: Archaeological surveys Native American consultation Archaeological test excavations Third party/peer review • Archaeological data recovery Historic resource evaluations and surveys • Archaeological and paleontological monitoring National and California Register nominations Paleontological surveys and salvage Chattel and Duke have worked together in numerous projects including Olive View Medical Center for Los Angeles County and Veterans Affairs (VA)West Los Angeles for U.S. Department of Veterans Affairs. A.4 The Chattel team includes highly qualified, experienced, and enthusiastic professionals with backgrounds in historic preservation and closely related fields. Our staff meets the Secretary of the Interor's Professional Qualifications Standards in history, architectural history, architecture, and/or historic architecture. Chattel would be supplemented by Duke, as necessary,who meets the Secretary of the Interior's Standards in archaeology. The Chattel team works collaboratively to complete projects, with regular support including preparation and internal review by principal associates. Resumes are included in Appendix 1. Associate 111,Architectural Historian Caroline Raftery would serve as Project Manager and the City's principal contact responsible for day-to-day client communication, meeting attendance, and preparation of work products. President and Historic Architect, Robert Chattel will be Principal in charge and provide strategic guidance, Principal Associate, Architectural Historian Leslie Heumann and Principal Associate, Architectural Historian and Planner Christine di lorio will contribute technical guidance and editorial review, and Senior Associate Architectural Historian and Historian`Laura Caries and Associate 11, Architectural Historian Olivia White,will provide research and work product assistance as needed. Principal Contact/Project Manager: Caroline Raftery, Associate III,Architectural Historian 818-788-7954 caroline@chattel.us The table on the following page summarizes team members. CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS _ PAGE Name,Title Role on project Background, Experience Summary Robert Chattel,AIA, Principal in charge President of Chattel, Inc.with more than 35 years of President, experience in planning, design and construction re- Historic Architect lated to historic preservation,who specializes in ap- plying the Secretary's Standards and interpreting federal, state and local historic preservation law and regulations. He is a licensed general contractor and architect in California. Caroline Raftery, Principal Contact/ Architectural Historian with 5 years of professional Associate III, ' Project Manager experience, and a Master of Science in Historic Architectural Historian Preservation, and Bachelor of Science in City and Regional Planning with a Minor in Sustainable Envi- ronments.With the City of Palm Springs as client, Caroline served as project manager, partnering with Gensler, for preparation of a historic report that in- cluded recommendations to inform improvement work and a feasibility study and concept design package for rehabilitation of the historic 1936 Span- ish Colonial Revival Plaza Theatre. She is also ex- perienced in completing historic context statements, drafting Historic Resources Assessments, applying the Secretary's Standards and engaging in design collaboration. Leslie Heumann, Technical Guidance and With more than 40 years of experience covering all Principal Associate, Editorial Review aspects of historic architectural evaluation, docu- Architectural Historian mentation, and preservation, architectural historian Leslie Heumann specializes in coordination of histor- ic resources surveys, and assessments of historic significance, have prepared documentation of thou- sands of properties. Ms. Heumann has coordinated, performed, or contributed to intensive and recon- naissance level historic resources surveys for the Cities of Alhambra, Beverly Hills, Costa Mesa, Glen- dale, Huntington Beach, Long Beach, Los Angeles, Pasadena, Rancho Mirage, Riverside, San Clemen- te, Santa Ana, Santa Monica, Upland, and West Hol- lywood, among others. CHATTEL, INC. HISTORIC PRESERVATION CONSULTANTS PAGE 3 l Name, Credentials, Role on project Background, Title Experience Summary Christine Di lorio, Technical Guidance and Christi di lorio has over 30 years of experience as a plan- Principal Associate Editorial Review ner working for various cities in California, most recently as project manager for the City of Millbrae where she managed and orchestrated special economic and devel- opment projects through the entitlement process. She has also worked as Community Development Director for City of Marina where she managed six divisions with an annual general fund budget of$10 million dollars, and as Planning Manager for the City of La Quinta. Laura Carias, Technician Architectural Historian with over ten years of experience Senior Associate in the field of historic and cultural resources evaluation, identification, documentation, and preservation. She has worked on projects such as Historic Structure Reports for Second Church of Christ, Scientist and the Anderson House and Carriage House in Long Beach and historic resource reports in Beverly Hills and Los Angeles includ- ing Department of Parks and Recreation forms and pro- ject review for conformance with the Secretary's Stand- ards. Olivia White, Technician Architectural Historian with 3 years of professional expe- Associate II, rience, and a Master of Arts in Historic Preservation Architectural Planning and Bachelor of Arts in American Studies. Oliv- Historian is has experience on a variety of types of projects includ- ing preparing historic resource assessments, local desig- nation applications for historic properties, peer reviews, preservation plans, and reports finding projects in con- formance with the Secretary's Standards. CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 4 Q City of Palm Springs Department of Planning Services Robert Chattel,AIA President Historic Architect ASSOCIATES PRINCIPALS Neis'Youngborg Leslie Heumann Senior Associate Principal Associate Laura Carias Susan O'Carroll, Ph.D. . Senior Associate Consulting Principal Associate Caroline Raftery CEhristi di lorio, AICP Associate III Principal Associate Olivia'White Associate II TBD Office Manager Aleli Balaguer Associate II z_ .Alvin-Christian Nuval Associate l CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 5 AX Historic Resource Report 1 760 S. Seaward Avenue, Phase I Historic Resource Assessment This Historic Resource Assessment(HRA)was created for the City of Ventura as we provide on-call historic preservation consulting services.This HRA evaluated the subject property for eligibility for listing in the National Register of Historic Places, California Register of Historical Resources, and locally as a City of Ventura Landmark. Contact Name:Tim Rosenstein, Associate Planner, City of Ventura Phone: (805) 654-7758 Email: tosenstein@cityofventura.ca.gov Historic Resource Report 2 2906 Santa Monica Boulevard Historic Resource Assessment An HRA was prepared for a 1969 restaurant in Santa Monica designed with elements of the Googie style of architecture.The property was evaluated for eligibility in the National Register of Historic Places, California Register of Historical Resources, and as a City of Santa Monica Landmark. Contact Name: Ken Kutcher, Partner, Harding Larmore Kutcher& Kozal, LLP Phone: (310) 451-3669 Email: Kutcher@hlkklaw.com Historic Resource Report 3 Notre Dame High School Master Plan Conformance Review This conformance review also includes a historic resource assessment and impacts analysis which evaluates the proposed master plan for conformance with the Secretary of the Interior's Stands for the Treatment of Historic Properties under CEQA to determine possible impacts to historical resources. Contact Name:Anthony(Tony Stark, Principal, Corsini Stark Architects Phone: (323)255-9100 Email: anthony@corsinistark.com These three Historic Resources Report are attached in Appendix 3. CHATTEL, INC. HISTORIC PRESERVATION CONSULTANTS PAGE A.6 In the interwar period, Palm Springs, founded in 1887, evolved from a health resort to a popular, warm weather, winter destination. During those formative decades,the city attracted numerous Hollywood celebrities, industrial tycoons, and other prominent personages as well as a burgeoning artists' colony and creative community. As a result of this new diverse population, the City acquired a national reputation amongst the famous and well-to-do for its desert climate, topography, and leisure lifestyle. Like many southern California communities evolving at the turn of the twentieth century, early Palm Springs architecture reflected period revival styles. Spanish Colonial Revival architecture, exemplified at the 1927 Hotel El Mirador and 1936 Plaza Theatre, for instance, represented the early built aesthetic of the growing city. Given the preeminence of the warm climate in attracting new residents and visitors, it was logical that architectural design formed a nexus to the desert lifestyle. Outdoor activities including tennis, horseback riding, swimming, and golf were also among the recreational pursuits offered in association with some of the new hotels and subdivisions that were developed during the period. For example, remodeling of the Desert Inn beginning in 1918 resulted in the addition of a swimming pool and tennis courts, and the lavish Hotel El Mirador, also provided a pool, court, stable, and golf course. The 1931 Smoke Tree Ranch residential subdivision, which grew around a dude ranch and incorporated equestrian facilities, added a swimming pool and tennis courts in 1936. The post-World War II era witnessed a Palm Springs permanent,seasonal, and transient population boom,with a corresponding growth in single-family, multi-family, and hotel and resort accommodation. In 1939, year-round residents had numbered 5,336, swelling to 8,000 during the winter season. By 1051, those numbers had jumped to 7,660 permanent residents and 30,000 winter residents. Seasonal visitation also mushroomed,with an estimated 100,000 visitors in 1940 exploding to 250,000 in 1953. The resident and visitor counts continued to rise over the following decades as Palm Springs became more accessible to the middle and upper-middle classes. Beginning in the late 1930s, Palm Springs began to amass one of the best known collections of what has subsequently been variously labeled Mid-Century Modern or Desert Modern architecture in the world. Pioneered by architects Albert Frey and John Porter Clark, the style, in all its variations,was applied to all building types, from residential to commercial to institutional, and locally supplanted the Spanish Colonial Revival as the most popular architectural genre, one which was well-suited to the desert climate and lifestyle. Architects William F.Cody and E. Stewart Williams arrived in the desert in 1945 and 1946, respectively. In 1946-1947, internationally famous architect Richard Neutra completed the Kaufmann House in Palm Springs, famously photographed by Julius Shulman. By the mid-1950s, entire tracts built by the father- son team of George and Robert Alexander and designed by architects Dan Palmer and William (Bill) Krisel reflected the modern idiom.Architects Donald Wexler and Richard Harrison designed prefabricated steel homes for the Alexanders in the 1960s.1n the late 1960s and 1970s,.Los Angeles- based architect John Lautner broke new boundaries with his soaring concrete homes for designer Arthur Elrod and entertainer Bob Hope. Other Los Angeles architects also found Palm Springs fertile grounds for modernism, including Paul Williams,A. Quincy Jones, and partners William Pereira and Charles Luckman. "Mid-century Modern"encompasses a range of substyles, united by their rejection of historicism and embrace of new concepts, materials, and technologies. From the expressed geometry of post-and-beam design to the personalized forms of Expressionism to the stylized classicism of New Formalism, all variants of modernism were constructed in Palm Springs during the period.The PSTC/PRC is an example of International Style design, Miesian in its inspiration, an adaptation of the carefully detailed glass pavilions and modular designed office and apartment buildings with which Mies Van der Rohe changed the course of architecture. CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 7 az�� J =[r I =[rW SECTION B: Proposal organization, conformance with RFP instructions, and demonstrated understanding of the overall project and requested scope of work. BA We understand organization, format, order, and conformance with all requirements. B.2 Chattel understands that the City of Palms Springs (City) is seeking an on-call consultant with experience to provide historic preservation consulting services.Work products requested by the City may include historic resource reports as well as a variety of historic preservation related documents such as historic resource reports for Modern Buildings/Sites, application of national and state criteria, historic resource surveys, DPR forms, historic context statements, environmental compliance reports, design guidelines, and Mills Act Secretary's Standards compliance. Chattel would also be available to provide assistance with Mills Act Contracts including pre-approval and periodic inspections, and preparation of scopes of work. The selected team understands they must be able to interpret and apply the City's historic preservation code as necessary to evaluate a property. Chattel further understands there is no guarantee of work, rotation of work amongst selected on-call firms, and that the City reserves the right to perform a portion of the work themselves or by other consultants. Upon signed work order, the City also will require conference calls or in-person meeting maybe required with City staff, Historic Site Preservation Board (HSPB), and/or City Council. Draft and final work products will be provided to the City by the consultant in hard copy and electronic copy.Work shall be completed on-time and within budget. Specific to historic resource reports, or Historic Resource Assessments (HRAs), Chattel has developed a standard format,which are used to determine if a previously unevaluated property or a property for which new conditions exist meets the definition of a historical resource. First step would be to schedule a project kick off meeting to include appropriate City staff and Chattel associates to discuss project timeline and budget. Chattel will then begin research beginning with reviewing City of Palm Springs current historic preservation ordinance as outlined in Chapter 8.05 of Title 8 of the municipal code. Research would also include the review of primary and secondary documentation and visits to local repositories, such as Palm Springs Historical Society, as appropriate.After conducting a site visit, Chattel would begin to draft the appropriate focused historic context that would aid the in application and interpretation of national, state, and local criteria, as appropriate, using the National Park Service(NPS) National Register Bulletins (particularly Bulletin 15), other guidance from agencies such as Office of Historic Preservation (OHP);and current professional practices in applying criteria of significance. Reports will conform to professional standards and will be appropriately illustrated with maps, contemporary photographs, and historical photographs, as available.As needed, the appropriate inventory form(s) (DPR 523)will be completed. For potential historic,districts, contributing and non- contributing buildings will be identified and mapped. CHATTEL, INC. HISTORIC PRESERVATION CONSULTANTS PAGE 8 a � I�T� B.3 Potential Issue Solution Communication Often lack of communication between client • Understand who the points of contact are from each team and coj�sultant can hinder the progress of a . Understand project teams preferred method of com- project, munication (email, call, text, etc.) • Maintain on-going communication with project team • Send emails to single person, multiple people, or entire project team as necessary and appropriate to ensure efficiency and keep the team informed at all time • For long-term project, schedule weekly, bi-monthly, monthly conference calls, as necessary Budget • Set a fee schedule with deadlines for each project Unforeseen circumstances sometimes can task cause the project to go over budget. • Communicate schedule with project team and get concurrence • Discuss out of scope services early Availal6le information • Data requested to begin work is listed in Chattel's There are instances when there is a lack of Chat- information on properties such as historic im- proposal. Upon receipt u signed work order, s to - , . . P P tel associate should request all available items to ages, original architectural plans, building per- determine next steps. mits, etc. • Review list of repositories and resources to ensure all possible avenues have been exhausted for infor- mation • Gather as much information as possible early CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 9 SECTION C: Experience in ability-to provide other historic resource professional services as defined in the RFP. C.1-C.10 See discussion below. Relevant project sheets provided as Appendix 2. Time Management . Experience Chattel has over 25 years of experience in the field of historic preservation consulting.The majority of our clients are repeat clients who are not only pleased with our expertise in the field, but with our ability to produce a product in a timely manner. Chattel also understands the timely submittal our reports can be tied to important funding.While working for the City of Compton,we prepared a determination of eligibility for City Hall finding it eligible for listing in the National Register. The City was looking to replace the glazing with an appropriate alternative and was requesting funding from the government. Chattel was able to navigate through the channels of the U.S. Department of Energy with the help from the Advisory Council on Historic Preservation and OHP to get the project approved and completed in a tight timeframe. Methodology Our approach to meeting this task will rely on knowing who the City's point of contact would be, early coordination efforts, and creating internal schedules that includes an internal kick off meeting, research, deadlines for project tasks, internal reviews, and submittal of drafts and final reports. Historic Resource Reports for Modern Buildings/Sites Experience The evaluation of resources that have not yet the required 50 years of age can be a challenging task. Work completed for such resources include the successful nomination and listing of the Sam and Alfreda Maloof Compound (1956-1984) in Rancho Cucamonga to the National Register of Historic Places; Mills Act Contract for Sun-Tech Townhomes (1981) in Santa Monica; and most recently, successful nomination of Carousel Park (1986) in Santa Monica as a city Landmark; to name a few. Other work on modern buildings includes project review for conformance with the Secretary's Standards and historic resource reports. Methodology As a resource of our recent past, one of the inherent challenges for modern buildings is to demonstrate the significance of relatively young architecture that has likely not been previously surveyed. Research would rely on primary sources of information including historic photographs and newspaper articles, and seeking out individuals involved in the original design of the project. Usually the recency of the construction of the building in question allows for the review of project archives at the architect's office that may include numerous original project drawings, renderings, and photographs.As the architect or contractor may still be alive, oral histories would be crucial in understanding the meaning, sentiment, and purpose behind the design and construction. Application of National and State Criteria Experience Chattel has a wealth of experience applying National Register, California Register, and local criteria to evaluate a property. Our staff have prepared numerous nominations, most of which have resulted in successful listing in either the National or California Registers or as local landmarks or districts, often paving the way for the utilization of historic incentives such as Mills Act property reduction contracts.We are well-versed in the requirements of such nominations, having prepared National and California Register and local landmark nominations for such diverse residential, commercial, industrial, and institutional properties as the U.S. Department of Veterans Affairs (VA)West Los Angeles Campus, Boyle Hotel in Los Angeles, and the Maloof Compound in Rancho Cucamonga.Within the last few CHATTEL, INC. j HISTORIC PRESERVATION CONSULTANTS PAGE 10 years, Chattel has prepared and presented multiple applications for City of Los Angeles Historic-Cultural Monument designation for single-and multi-family residential and commercial properties; several dozen landmark nominations for single-family properties in the City of Santa Ana; and National Register nominations for properties ranging from commercial buildings undergoing certified rehabilitations in downtown Los Angeles and Santa Monica to an almost 200-acre historic estate in Montecito. Methodology Our approach for evaluation is grounded in a thorough understanding of the relevant criteria of significance, utilizing the guidance in National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation, as a baseline.Additionally, we rely on our knowledge of national, local, and architectural history and our expertise in historic research.We perform site inspections, complete digital photography, assess historic integrity, conduct historic research in primary and secondary sources,. identify the appropriate historic contexts for evaluation, and prepare the required narratives. Historic Resource Surveys. DPR forms. Historic Context Statements Experience The City's RFP indicated that on-call historic preservation services may encompass preparation of DPR forms. These forms are the building blocks of historic resource surveys. The most successful surveys begin with the preparation of a historic context statement,which provides the framework for evaluation of the significance of potential historic resources. Chattel has successfully developed historic context statements and conducted large scale historic resource surveys consistent with National Register Bulletin 24: Guidelines for Local Surveys:A Basis for Preservation Planning and the State of California's Instructions for Recording Historical Resources. We are especially familiar with NPS Multiple Property Documentation methodology used for such projects. In each survey, properties were evaluated for eligibility for listing in the National Register, California Register,and local registers. From 2007-2010, we headed a team of three firms to survey the Community Redevelopment Agency of the City of Los Angeles (CRA/lA) Hollywood, Wilshire Center/ Koreatown and Westlake project areas. In Hollywood, Chattel surveyed 1,897 separate properties 45 years of age and older and prepared appropriate DPR forms to document eligibility. Properties found eligible for local, state, or national designation were documented with DPR Building, Structure, Object forms (DPR 523B form), incorporating building permit, census, and'local newspaper research. Data collection was based on a Geographic Information System (GIS) platform using assessor's parcel numbers.The end result was a digital property database that can be searched for summary information, as well as detailed information on individual properties. For the City of Orange (Orange), Chattel conducted a survey update of nearly 4,000 properties in Old Towne, the largest National Register-listed historic district west of the Mississippi River. Four outlying areas were also surveyed, including three Mid-Century Modern Eichler housing tracts, producing historic context statements for the newly surveyed districts and updating Orange's Cultural Resources and Historic Preservation Element as part of a General Plan Update.We similarly prepared a reconnaissance-level survey of over 250 properties for the City of Rancho Cucamonga for a General Plan Update, and made policy.recommendations based on findings. This effort involved collaboration with the General Plan Advisory Committee(GPAC)to integrate survey results into that City's regulatory environment. Over the past decade, Chattel also contributed to the City of Los Angeles' SurveyLA. Work included writing historic context statements on industrial development and Chinese-American history.These documents identify associated property types, eligibility/integrity standards, and potential resources to guide future survey and research efforts.Additionally, Chattel was part of a team that surveyed over 98,000 properties in south and southeast Los Angeles. Similar work for the City of Whittier involved preparation of a historic context statement on residential architecture and associated field survey,which CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 11 MM led to the designation of 59 identified properties. For the City, we would approach surveys and context statements in an integrated manner, utilizing initial research efforts to establish a hypothesis and inform field observations. We then apply results of our field work to guide and refine the final context statement. In preparing context statements,we would rely on our broad knowledge of national, local, and architectural history and conduct additional research, reaching out to archives, organizations, and individuals who can best provide resources for the related themes and property types. Research would also involve review of properties already designated at the federal, state, and local levels. Methodology When implementing field survey, our approach would be predicated on the unique focus and magnitude of each survey effort. In general, information in historic context statements would be used to guide field survey efforts..Reconnaissance survey work would be conducted, as necessary, to establish familiarity with property types, distribution patterns, and applicable historic contexts and themes that properties represent within an identified survey area. Reconnaissance survey would also inform development of boundaries for potential historic districts, and guide the implementation of more intensive field survey. Supplemental research would be conducted, as necessary. Generally, reconnaissance surveys involve preparation of a DPR 523A, or Primary Record,form, including a narrative description, digital photograph, and date of construction. Intensive survey would involve identification of individual properties and historic districts that appear eligible for national, state, and/or local designation. Follow-up research would be conducted, as necessary, and include Sanborn maps and building permits to understand alterations and development history. DPR 523B, Building, Structure, and Object Record, forms would be prepared for eligible properties, and, if requested, a final survey report would be prepared that summarizes findings.We would work closely with the City, as necessary, to establish a strategy for integrating survey results with existing GIS data, so that information can most effectively be used in future planning efforts. Environmental Compliance Reports Experience We have also prepared numerous cultural resources sections of Environmental Impact Reports (EIRs) and the cultural resource reports upon which the sections are based. Examples of CEQA work include review of a campus master plan for of the Southwestern Law School and review of rehabilitation plans and implementation of mitigation measures for adaptive reuse of the Golden Gate Theater in unincorporated East Los Angeles as a CVS/Pharmacy. Methodology Ideally,the historic preservation consultant becomes involved in the environmental clearance process' early enough to assist project designers to avoid substantial adverse impacts on cultural resources through sensitive project siting and design. However, in the real world, this scenario is often not possible.With that in mind, Chattel's approach towards historic resources analysis begins with a thorough understanding of the applicable regulatory context, including CEQA, NEPA, the National Historic Preservation Act, as amended, and local laws and plans. Existing historic resource surveys and evaluations and the State's Historic Property Data File (available from the Eastern Information Center) will be the starting point for this identification process. The findings from these investigations and databases will be verified, disputed if appropriate, and supplemented, as necessary, through additional records searches, field inspections, research in primary and secondary sources, and application of the criteria of significance for the National Register, California Register, and City of Palm Springs sites, resources, and historic districts.The thresholds for significant impacts promulgated by federal regulations, CEQA, and the City will be utilized to determine if the proposed project may result in adverse effects on historical resources. Mitigation proportional to any projected substantial adverse impact will be proposed. CHATTEL, INC. HISTORIC PRESERVATION CONSULTANTS PAGE 12 LGLM Chattel relies heavily on exploration of creative alternatives or the recommendation of design modifications as conditions of approval to reduce project impacts to historic resources under CEQA. Our approach to historical resources technical reports and cultural resources sections of environmental documents reflects several key principles: • All conclusions, from defining the APE, to identifying historical resources and determining potential impacts, must be defensible and.based on evidence, which is incorporated into all reports. • Pragmatism and feasibility of mitigation are emphasized.With its expertise in application of the Secretary's Standards, Chattel is often able to work with project designers to make a project consistent with the Secretary's Standards, thus avoiding a significant impact to historical resources. • Chattel recognizes that some projects that do not comply with the Secretary's Standards may still not reach the threshold of material impairment of the significance of a historical resource and impacts thus may be considered less than significant. • Chattel's process of analysis is collaborative, with extensive internal peer reviews, to ensure accuracy and defensibility. • Definition of a conservation or preservation project alternative is critical for the legal defensibility of an EIR. • Development of a strategic approach to public outreach, including identification of.and, if appropriate, coordination with stakeholders who reasonably would be expected to comment on an environmental document, may ensure a successful project. Design Guidelines Experience Chattel has produced design guidelines several for several historic districts, including an update of the Old Towne Design Standards. In working with a team, Chattel co-authored design guidelines for former Mare Island Navel Shipyard,Vallejo and Cannery Row, Monterey. The design guidelines for Mare Island covered over 500 National Historic Landmark and National Register-listed contributors. Design Guidelines for Cannery Row included a set of incentives to encourage balanced protection of historic resources with valuable incentives such as reduced parking requirements and building and planning fees.A copy of Cannery Row Conservation District can be found in Appendix 3. Methodology Chattel understands the importance of well-written guidelines that must be tailored to each community's distinctive character. It is important to understand the City's and community's vision for the district and what approaches they would like to take to protect their character-defining features. Preparing design guidelines for historic districts in Palm Springs would require careful study of the City's historic context statement to understand the district's history and character- defining features. Discussions with appropriate City staff to gather a list of goals and objectives would assist in the development of a set of design guidelines that would be effective and concise. Secretary's Standards Compliance Experience Among the greatest strengths of our detail-oriented team is design collaboration and project review. Chattel is exceptionally familiar with all treatment approaches of the Secretary's Standards--including preservation, rehabilitation, restoration, and reconstruction--and how to apply these standards to projects addressing historic resources. Many of our projects, such as The Neon Museum, housed in Las Vegas' rehabilitated La Concha Motel Lobby, were financed in part by federal grants or are pursuing CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 13 lQl =IF I =Lr CE L historic tax credits, and thus are subject to rigorous project review by state and federal agencies. Under CEQA,when an exemption or Mitigated Negative Declaration (MND) is a possibility, we work closely with the project team, including architects and structural engineers, to ensure design of the proposed project is in conformance with the Secretary's Standards. Methodology Chattel's approach to using the Secretary's Standards is holistic, pragmatic, creative if necessary, and tested by time. Chattel has a successful track record of rehabilitation project reviews by various cities' staffs, Commissions, and City Councils, OHP, National Park Service(NPS), local building inspectors, the Division of the State Architect(DSA) and local fire/life safety officials, enabling the approval of certificates of appropriateness, production of defensible environmental documentation, and completion of successful historic tax credit and Mills Act projects. Our approach emphasizes the entirety of a project. Not all aspects of a project can reasonably be expected to conform to every Standard; rather, it is a balance of individual actions that determines overall conformance. If appropriate, Chattel staff, led by Robert Chattel, a qualified Historic Architect and licensed contractor, will work with project applicants and architectural teams to tweak a design or modify a project sufficiently to ensure consistency with the Secretary's Standards. Conformance reviews begin with site inspections, preferably in tandem with the project architect, and are based on an understanding of the reasons a property is significant(i.e.,what criterion of significance it satisfies), current property conditions, and goals of a proposed project.The process is initiated with the identification and prioritization of character-defining features and spaces to determine what components of a historic resource require preservation and which offer more flexibility. Chattel employs an approach established by NPS Preservation Brief 17 Architectural Character—Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving their Character but predicated on the assumption that some character-defining features are more critical than others. Character-defining features are prioritized and categorized as significant or contributive and then mapped, using floor plans and elevations. This approach provides a measure of flexibility to project designers and clearly sets out opportunities and constraints by identifying features that must be protected and which areas, features, and finishes may allow for more change. This tiered approach is utilized by federal agencies such as the General Services Administration (GSA) and has been successfully applied by Chattel to numerous projects that have been reviewed by OHP and NPS. Available documentation,.including original and as-built drawings, and proposed project drawings will be carefully examined by Robert Chattel and by Chattel staff who read such plan sets on a,regular basis. Design review would focus on extent of proposed alterations and compatibility of proposed new work. Recommendations for design modifications and mitigation measures would be developed, as necessary, to ensure conformance with the Secretary's Standards. Each conformance review will be clearly communicated and/or written in order to facilitate preparation of the,appropriate document. The reviews will explore, using tables as appropriate,the effects of the proposed project on character-defining features and the conformance to each of the ten Secretary of the Interior Standards for Rehabilitation. Recommendations to bring non-conforming aspects of the project into conformance will be made. It will be the goal,through a collaborative process with the City, project applicant, and architect, to enable a finding that the project is in conformance with the Secretary's Standards. It is possible that such a finding would be contingent on a subsequent phase of design and construction monitoring. CHATTEL, INC. I HISTORIC PRESERVATION CONSULTANTS PAGE 14 Q R L=] SECTION D: Local Preference DA N/A D.2 Team members with experience in Palm Springs below. Name, Credentials, Role on project Background, Robert Chattel,AIA, Principal in Charge Robert Chattel has worked as Principal in Charge on pro- President, jects in Palm Springs such as the historic resource report Historic Architect for Orchid Tree Inn, rehabilitation of Plaza Theater, and Historic Site Report for a City-leased recreational facility. Caroline Raftery, Principal Contact/ With the City of Palm Springs as client, Caroline served as Associate III, Project Manager project manager, partnering with Gensler, for the prepara- Architectural Histori- tion of a historical report that included recommendations to an inform improvement work and a feasibility study and con- cept design package for rehabilitation of the historic 1936 Spanish Colonial Revival Plaza Theatre. This involved on- going communication with Associate Planner/Historic Preservation Officer, Ken Lyon and Assistant City Manag- er Marcus Fuller, and correspondence with City Coun- cilmember J.R. Roberts. Christi Di lorio, Technical Guidance Ms. di lorio worked as the Planning Manger for the City of Consulting Principal and Editorial Review La Quinta for six years and as an architectural historian for Associate a cultural resource management firm in Coachella Valley for over 13 years performing archaeological surveys, exca- vations, and monitoring. She oversaw the design phase redevelopment of a City owned property that included the adaptive reuse of an historic building. Ms. di lorio also worked as the Planning Manager for the City of La Quinta. Leslie Heumann, Technical Guidance Ms. Heumann's project experience encompasses most Principal Associate and Editorial Review southern California counties, including Riverside. In the Coachella Valley, Ms. Neumann coordinated the historic resources survey of the city.of Rancho Mirage. More re- cently, she co-authored the Historic Site Report of a city- leased recreational facility. CHATTEL, INC. l HISTORIC PRESERVATION CONSULTANTS PAGE 15 PAGE INTENTIONALLY LEFT BLANK ATTACHMENTS ATTACHMENT "A" 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALNVORK PROPOSAL(Envelope#1)` REQUESTS FOR PROPOSALS (RFP)# 08-20 ON-CALL HISTORIC RESOURCE REPORT SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): Chattel, Inc BUSINESS ADDRESS: 13417 Ventura Blvd. TELEPHONE:(818) 788-Z954 CELL PHONE (818)421-7167 . FAX,1818) 788-9795 CONTACT PERSON Robert Chattel EMAIL ADDRESS�gbert(o)cha a1 li$ A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. Robert Jay Chattel, President PRINTED NAME AND TITLE January 13 2020 gIVATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful,the contract language should refer to me/my company as: An.individual; A partnership, Partners' names: _A company; X A corporation If a corporation, organized in the state of: CA . 2. My tax identification number is: 95-4482817 Please check below IF your firm qualifies as a Local Business as defined in the RFP: _A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# 1 islare hereby acknowledged. 15 PAGE INTENTIONALLY LEFT BLANK ATTACHMENT"B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL(Envelope#1)' NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED AND SUBMITTED WITH BID STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is Robert Jay Chattel of Chattel; Inc. the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, .connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer;or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. Title: President Subscribed and sworn to before me this day of U� 2020. 16 1 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 .G.^Fs�°<Ya:GCYL�C+�L.G.'vcscl�•.a'n�c..'cCCS.i.•:r^w1 rC C+:Gc e.:S:Satc::.c'L Y3cfc(`s^-..:stcLCCST-":-e.-n:u.:rr,Cc� ✓See Attached Document(Notary to cross out lines 1-6 below) See Statement Below(Lines 1-6 to be completed only by document signer[s],not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2(if any) 'A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document la which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of Los An_geles th on this day of rA n 20-ram by Date Month Year (1) (),010ert'7rny C'L,c,-Nel — (and (2) ), .WyN Cc-1rL'D Name(s)of Signers) N Omia LUMgo.^ Comity ' C.."W r - proved to me on the basis of satisfactory evidence _ MyCo.AMNEGc-Cari apir., gU2021 to be the person(s) who appeared before me. Signature Signature of try Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document -t Title crType of Document:dlon-CoUufie-. A�Q o�a Document Date:;onh- h o O Number of Pages:_\Signer(s)Other Than Named Above: 02014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item H5910 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or .linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis'). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANT/VENDOR: Chattel, Inc. NAME and TITLE of Authorized Representative: (Print) Robert Jay Chattel, President Signature and Date of Ajorized Representative: (Sign) (Date) January 13, 2020 iv 19 PAGE INTENTIONALLY LEFT BLANK �. 4ALA19p��. . PUBLIC INTEGRITY DISCLOSURE .' APPLICANT DISCLOSURE FORM lsoiN�o- 1. Name of Entity Chattel, Inc. 2. Address of Entity(Principle Place of Business) . 13417 Ventura Blvd., Sherman Oaks, CA 91423 3. Local or California Address(if different than#2) 4. State where Entity is Registered with Secretary of State California ff other than California is the Entity also registered in California?F Yes No 5. Type of Entity M Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please fdentffy all officers, directors, members, managers and other ffduclarles for the member,manager, trust or other entity Robert Jay Chattel, President. I?g Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other El ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other ❑Officer ❑Director ❑Member ❑Manager [name] General Partner F1 Limited Partner 22 ❑Other 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE JANEOOE 50%ABC COMPANY, Inc. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity) A. Robert Jay Chattel Trust 100%, Chattel, Inc. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] B. [name of ownerlinvestor] [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 ownerlinvestor] [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 Robert Jay att , President January 13, 2020 23 F ?AIA4 s ' C4<7FORN� CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS(RFP) 08-20 ON-CALL HISTORIC RESOURCE PROFESSIONAL SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Is there an incumbent and, if so, which firm? Al., No. Q 2: Are subcontractors required to complete the forms? A 2: No. Q 3: Please clarify the requirement under 6. Proposal Evaluation Criteria, Item C6. Proposal requirements for C6 are written different ways on 2 different pages, as follows: Page 5: Experience and ability to provide other historic resource professional services as defined in the RFP document, including one brief sample of a Historic District Design Guidelines document. Page 8: Develop other historic preservation related documents such as Historic District Design Guidelines. A 3: The successful firms will be capable of preparing and producing a variety of different historic preservation—related documents. For example:historic resource reports, historic district design guidelines, the ability to research a particular property and integrate the research findings into industry standard "DPR forms", and soon as described in Section C, C.1 through C.10. The RFP requests examples of the rirm's work by the submittal of examples of two types of documents: (1) a typical Historic Resource Report as noted In A.5 on page 7 and(2)a typical Historic District Design Guideline document as noted in C.6 on page 8. Q 4: Do the Historic Resource Report samples have to be for city clients? A 4: It is preferred, but not required, that the example historic resource reports be for City clients. As noted in section A.S, 2 but not more than 3 examples of historic resource reports is requested. Preferably(but not a requirement) one would be an example of a historic resource SITE report and one example would be for a historic DISTRICT resource report. Q 5: For Historic District Design Guideline sample, what is the preferred type of sample? One section?A selection of typical pages from different sections? Other? A 5:A complete example of a Historic District Design Guidelines document is what Is requested. These need not be voluminous examples, but rather the type of historic district design guidelines that provide simple outline design guideline parameters for the historic district for which it is written. Q 6: How much archeological services are anticipated? A 6: Very little as the vast majority of sites and districts that the City processes are NOT archaeological in nature. Q 7: Is a current business license in the City of Palm Springs required to bid on the RFP? A 7: No. As stated on page 13 of the RFP, the selected firm (or firms in this case) will be required to obtain a City of Palm Springs business license. Q 8: Fee Proposal: We typically provide a range for hourly rate by position. Is that acceptable? A 8: No. Q 9:Attachment E: Is the completed form required if there is nothing to disclose? A 9: While it would be highly unusual for a firm responding to this RFP to have nothing to disclose based upon the requirements set forth in the Form, you would need to provide a written explanation as to why you believe you are exempt from disclosure. The City shall be the sole judge as to whether you are, or you are not, exempt and if your firm will be evaluated or not. Q 10: North Wind Resource Consulting is seeking confirmation on the manual signature requirement for Attachment C. FeeslCosts Proposal/Rates. The proposal submittal requires six copies, including one original copy; however, only Attachment C specifically requires a manual signature. Would the City accept an electronic image of an original signature as a manual signature on all documents, including Attachment C? A 10: ALL Attachments(A, B, C, D and E) require original manual wet-signatures. Please refer to the "Signature" lines that are on EACH Attachment. Note that Attachment B must be Notarized. An electronic image is NOT acceptable as a substitution for an original wet-manual signature. O 11: Do we need to provide 6 hard copies of the 2-3 sample historic resource reports? If so, can be they be bound together with the RFP as appendices? A 11: Yes,please include copies of the requested historic resource reports in your 6 bound copies of your proposal(1 marked original,plus 5 copies)—this will assist our evaluators as they review your proposal. Also be sure that any sample reports are also included on your Thumb Drive (or disc) of your entire proposal. NOTE: the requested sample historic resource reports DO NOT COUNT toward the total page limit. *THE DEADLINE FOR QUESTIONS HAS PASSED, NO FURTHER QUESTIONS SHALL BE ACCEPTED. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement&Contracting Manager DATE: January 7, 2020 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Ch ttel Inc. r Authorized Signature: Date: 1/13/2020 ndum 1 is required by signing and including Acknowledgment of RLeipt Of A the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. PAGE INTENTIONALLY LEFT BLANK APPENDICES PAGE INTENTIONALLY LEFT BLANK RESUMES PAGE INTENTIONALLY LEFT BLANK a Chonal,inz.I Htafado PmzezvaRon ConzuHama at.'r 5 ROBERT JAY CHATTEL, AIA President/Principal/Preservation Architect In 1994, Robert Chattel established Chattel, Inc., a historic preservation consulting firm with offices in Los Angeles. Mr. Chattel specializes in applying the Secretary of the Interior's Standards for the Treatment of Historic Properties and interpreting federal, state, and local historic preservation law and regulations. EDUCATION PROFESSIONAL EXPERIENCE Columbia University, 0 President, Chattel, Inc., 1994-present Master'of Science in Historic Preservation,May 1983 • Project Manager, Historic Resources Group, 1994-1995 • Asset Manager, H.T. Greene&Associates, 1988-1994 University of California at • Associate City Planner, Community Redevelopment Agency of the City Berkeley,Bachelor of Arts in of Los Angeles, 1984-1988 Architecture,June 1980 . Director of Programs, Los Angeles Conservancy, 1983-1984 QUALIFICATIONS SELECTED PROJECTS Secretary of the Interiors Historic Preservation and Cultural Resource Ordinance, City of San Professional Qualifications Gabriel Standards in Architectural Served as strategic advisor to a collaborative team of architectural historians, History,Architecture and archaeologists and planners in updating the 1960s era ordinance, including Historic Architecture community engagement, review and drafting of ordinance provisions,and participation in public hearing process, adopted in 2017 and received awards California Architect, from Los Angeles Conservancy and California Preservation Foundation in License Number C27398 2018. California Class B, Land Use Element, General Plan Update, City of Rancho Cucamonga' General Contractor, Completed services for the City of Rancho Cucamonga General Plan License Number B692817 Update, including completion of a historic resource survey and preparation of preservation goals and policies for the General Plan Land Use Element, AFFILIATIONS adopted in 2010. Architect Member,American Cultural Resources &Historic Preservation Element, General Plan Institute of Architects Update, City of Orange Conducted a survey update of nearly 4,000 properties in Old Towne, the President Emeritus, California largest National Register-listed historic district west of the Mississippi River. Historical Society Four outlying areas were also surveyed, including three Mid-Century Modern Eichler housing tracts, producing historic context statements for the newly AWARDS surveyed districts and updating Orange's Cultural Resources &Historic Preservation Element as part of a General Plan Update, adopted in 2010 and President's Award, California received a Governor's Historic Preservation Award in 2012. Preservation Foundation, 1991 Residential Field Survey, City of Whittier Award of Excellence, Mayor Conducted a residential field survey of approximately 1,540 properties and Los Angeles Cultural constructed prior to 1941. As part of the survey we prepared a residential Heritage Commission,Breed historic context statement for the City of Whittier focusing on historic themes Street Shut,2001 and architectural contexts.The survey led to the designation of 59 identified Preservation Honor Award, properties. National Trust for Historic Preservation,Boyle Hotel, 2013 Breed Street Shut, Breed Street Shut Project, Inc. Provided design review and construction monitoring for seismic stabilization and stained-glass window restoration. Prepared National Register nomination and historic review documentation for environmental review and consulted with federal agencies on Section 106 compliance. CFattel,Inc I Hlslorit Vrezervntlon Ca,uullanH C' LESLIE HUEMANN Principal Associate/Architectural Historian Leslie has over 35 years of experience in historic and cultural resources evaluation, identification, and documentation. Ms. Neumann specializes in historic resources surveys and National, California, and local landmark nominations. t EDUCATION PROFESSIONAL EXPERIENCE University of California,Los • Principal Associate, Chattel, Inc., 2012-present Angeles,Study towards a Historic Resources Manager, Sapphos Environmental, Inc., 2006-2012 Master of Arts in Architecture, 1976-1978 • Principal, Leslie Neumann and Associates, 1989-2006 • Architectural Historian/Senior Project Manager, Sciences Applications University of California, Los International Corporation, 2000-2006 Angeles,Bachelor of Arts in • Principal Architectural Historian, PCR Services Corporation, 1998-2000 History, 1975 • Principal, Johnson Heumann Associates, 1984-1989 • Principal, Heumann, Gleye, and Associates, 1981-1984 QUALIFICATIONS • Assistant Planner, Cultural Heritage/Urban Conservation Program, City of Pasadena, 1976-1981 Secretary of the Interior's Professional Qualifications SELECTED PROJECTS Standards in Architectural History CEQA/NEPA compliance Supervised or prepared numerous cultural resources technical reports in support of CEQA/NEPA compliance, including proposed redevelopment of AFFILIATIONS Rancho Los Amigos National Rehabilitation Center(Los Angeles County); modernization of the Martin Luther King Hospital (Los Angeles County); PdV National Trust for Historic, Wind Energy Project(Kern County), and Owens Valley PM10 Planning Area Preservation Forum Demonstration of Attainment State Implementation Plan (Inyo County). California Preservation Foundation Currently(2019) preparing historical resources technical report for City of Santa Ana General Plan Update. Los Angeles Conservancy, - Board of Directors 1991-1997 Historic Resources Surveys Coordinated, performed, or contributed to intensive- and reconnaissance- Association of Environmental level historic resources surveys for the cities of Alhambra, Beverly Hills, Professionals Glendale, Huntington Beach, Long Beach, Los Angeles, Pasadena, Rancho Mirage, Santa Ana, Santa Ana, Santa Monica, Upland, and West Hollywood, among others. Conducted districtwide surveys to identify historic resources for the Los Angeles Unified, Pasadena Unified, and Beverly Hills Unified School Districts and participated in a survey of downtown Houston,Texas, conducted in support of a proposed transit project. Other efforts have included Historic Building Preservation Plans for federal buildings and border stations in several western states and Historic American Buildings Survey(NABS)documentation packages. National Register, California Register, California Points of Historical Interest, and local landmark nominations National Register nominations authored and coauthored by Ms. Neumann include the Price Anniversary House (Pismo Beach, CA); Bungalow Heaven Historic District, Bullocks Pasadena, and Dr. W.T. Bolton House (Pasadena, CA); George Kress House and Beverly Wilshire Hotel (Beverly Hills, CA); Henry Weaver House(Santa Monica, CA); First National Bank Building (Long Beach, CA); and Second Church of Christ, Scientist and Shrine Auditorium (Los Angeles, CA). Chattel,Inc.I HIVadc C,eservullon C multanls Christine Di lorio, AICP Principal Associate/Planner/Architectural Historian Ms. Di lorio meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History and Historic Architecture. EDUCATION PROFESSIONAL EXPERIENCE University of California,Riverside, Master of Arts in . Principal Planner, Chattel, Inc, 2017-present Historic Resources • Community Development Director/Project Manager, City of Millbrae, Management, May 1984 2015-2017 Community Development Director/Project Planner University Village, Colorado State University, Fort City of Marina, 2004-2015 Collins,Bachelor of Arts in . Community Planning Building Director, City of Carmel by the Sea, 2001- Historic Preservation, May 2003 1982 . Planning Manager, City of La Quinta, 1995-2001 . Architectural Historian,Archaeogroup, 1995-2008 QUALIFICATIONS • Senior Planner, Community Development Consultant, Civic Solutions, San Juan Capistrano, 1994-1995 Secretary of the Interior's Professional Qualifications SELECTED PROJECTS Standards in Architectural History and Historic La Quinta Museum, City of La Quinta Architecture Oversaw the design phase redevelopment of a City owned property that included the adaptive reuse of an historic building. In coordination with the local Native American Indian tribes, created an archaeological laboratory to AFFILIATIONS analyze archaeological materials. Established procedures and educational programs for the curation, interpretation and preservation of archaeological American Institute of Certified and historic materials. Planners(AICP) 300 Cannery Row,City of Monterey Participated in design consultation and project review, prepared staff report, presented at public hearings. Prepared revision to the City historic preservation ordinance. Santa Monica Pier Bridge Replacement Project Participated in completion of comment letter on Draft Environmental Impact Report of the Santa Monica Pier Bridge Replacement Project. Froom Ranch, San Luis Obispo Participated in completion of a historic resource assessment and conformance review - Manel,Inc.IHicnlcP� Ilcn Covuimnts LAURA CARIAS Senior Associate I Architectural Historian fi A Laura Carias has nearly fifteen years of experience in the field of historic and cultural resources evaluation, identification, documentation, and preservation. Ms. Carias specializes in historic resources assessments and historic structure reports. Ms. 1 Carias meets the Secretary of the Interior's Professional Qualification Standards in Architectural History. EDUCATION PROFESSIONAL EXPERIENCE California State University, • Senior Associate, Chattel, Inc., 2015-present Sacramento, Master of Arts in Public History, ' P Cultural Resources Specialist,SWCA Environmental Consultants,2012- May 2006 2013 ' Cultural Resources Coordinator, Sapphos Environmental, Inc., 2007- Califomia State University, 2012 Dominguez Hills, Bachelor of . Historian I, Galvin Preservation Associates, 2005-2007 Arts in History and Chicano Studies,cum laude May 2003 SELECTED PROJECTS QUALIFICATIONS 310-312 Wilshire Boulevard Mills Act Contract, Santa Monica Successfully entered mixed-use property into Mills Act Contract with the City Secretary of the Interiors of Santa Monica. Professional Qualifications Standards in Architectural Department of Veterans Affairs West Los Angeles, Building 500 History Building Replacement Project, Los Angeles Authored Finding of Effects report to satisfy Section 106. Project includes the addition of a new hospital and associated support buildings as well as the SPECIALIZED TRAINING demolition of several non-contributing buildings. UCLA Extension,Law 866: Second Church of Christ, Scientist, Historic Structure Report, Long Successful CEQA Compliance: Beach A Step-By-Step 201 Approach, Compiled a Historic Structure Report to assist current owner in obtaining November2019 p P 9 funds for rehabilitation of 1914 church. Advisory Council on Historic Preservation,Section 106 Sears Boyle Heights, Los Angeles, Federal Investment Tax Credits, Los Essentials Training Course, Angeles August 2011 Investment Tax Credit application, design collaboration on rehabilitation of former Sears, Roebuck and Company retail store and warehouse for Architectural Paint Analysis, rehabilitation as a mixed-use property. Campbell Center for Historic Preservation, Hamburger's Department Store Los Angeles, Federal Investment Tax August2009 g P � Credits, Los Angeles Investment Tax Credit application and design collaboration on rehabilitation of former Hamburger's Department Store for rehabilitation as a mixed-use property. Project involves review of construction plans for conformance with the Secretary of the Interior's Standards (Secretary's Standards) 1311-1317 N. Hayworth Avenue,West Hollywood Successfully designated a multi-family residence as a Cultural Resource and entered the property owner into a Mills Act historical property contract. ChoHel,1 u I H10.6,Prcsmnnon C..O. . ,- CAROLINE RAFTERY Associate III/Architectural Historian "Atn 11 In 2016, Caroline Raftery joined Chattel, Inc. as an Associate II prior to advancing as 4 *- an Associate III. Ms. Raftery is interested in energizing neighborhoods, celebrating diversity, retaining heritage, and engaging community. She satisfies the Secretary of the Interior's Professional Qualifications Standards in Architectural History. EDUCATION PROFESSIONAL EXPERIENCE Columbia University in the City Associate III/Architectural Historian, Chattel, Inc., 2019-present of New York,Master of Science Associate 11, Chattel, Inc.,2016-2019 in Historic Preservation,June 2016 Graduate Student Intern, City of Los Angeles, Department of City Planning, Office of Historic Resources, 2015 California Polytechnic Graduate Student Intern, Pasadena Heritage, 2015 University San Luis Obispo, Planning Technician, County of Ventura, Resource Management Bachelor of Science in City and Agency, Planning Division, 2012-2014 Regional Planning, Minor in Sustainable Environments, Honors,June 2011 SELECTED PROJECTS Golden China,760 S. Seaward Avenue,Ventura ADDITIONAL EXPERIENCE, Historic Resource Assessment AFFILIATIONS Prepared Historic Resource Assessment to evaluate significance and eligibility of a 1970 restaurant building. California Preservation Foundation Palm Springs Plaza Theatre, 128 S. Palm Canyon Drive, Palm Springs Conference speaker,2019 Design Collaboration Association for Preservation Developed significant spaces maps and identified character-defining Technology International features to inform concept design and rehabilitation of locally designated Student scholar and San 1936 Spanish Colonial Revival style atmospheric theatre. Antonio Conference speaker, 2017. Sun-Tech Townhomes,2433 281h Street, Santa Monica University of Southern Mills Act Application California, Heritage Authored Santa Monica Conservancy Stewardship award-winning Mills Conservation summer Act Contract application for locally designated 1983 High Tech condo intensive,2013 complex in Santa Monica. University of California Notre Dame High School, 13645 Riverside Drive, Los Angeles Berkeley, [IN]ARCH, Secretary's Standards and CEQA Conformance Reviews Architecture summer intensive, Completed an Historic Resource Assessment and Conformance Review 2012 Report for proposed campus master plan. Hamburger's Department Store, 801 S. Broadway, Los Angeles SPECIALIZED TRAINING Federal Investment Tax Credit Prepared Part 2 Amendment of Investment Tax Credit application for UCLA Extension,Law 866: adaptive reuse of former department store. Successful CEQA Compliance: A Step Step Approach, greed Street Schul,247 N Breed Street, Los Angeles Novemberber 2019 Section 106 Compliance Historic New England, Reviewed installation of security systems per a Homeland Security and Conditions survey and FEMA grant and analyzed project conformance to the Secretary of the Preservation Philosophy Interior's Standards for Rehabilitation per Section 106 of Historic workshop,2015 Preservation Act. Chanel,Ino.I Hismria Ve�ervnli"n Consulmnls OLIVIA WHITE y{ Associate II/Architectural Historian R. In 2017 Olivia joined Chattel, Inc. as an Associate I; advancing to Associate II the following year. She specializes in historic resource assessments and local landmark nominations. Olivia satisfies the Secretary of the Interior's Professional Qualification Standards in Architectural History. EDUCATION PROFESSIONAL EXPERIENCE Cornell University, 0 Associate, Chattel, Inc., 2017-present Master of Arts in Historic Preservation Planning,May • Historic Preservation and Compliance Intern, Presidio Trust,2017 2017 • Intern, Nevada Preservation Foundation, 2016 Intern, Preservation Research Office, 2014 Saint Louis University, Bachelor of Arts in American SELECTED PROJECTS Studies,May 2014 Compass Rose, Santa Monica QUALIFICATIONS Prepared the Landmark nomination for a historic site at the Santa Monica Airport honoring the history of the Ninety-Nines International Association of Secretary of the Interiors Women Pilots;successfully advocated for its designation before the Professional Qualifications Landmarks Commission. Standards in Architectural History Carousel Park,Santa Monica Prepared the Landmark nomination for a postmodern cultural landscape at the base of the Santa Monica Pier, participated in Landmarks Commissioner CONFERENCES site visits, organized a"This Place Matters"photo shoot with the community, successfully advocated for its designation before the Landmarks Preserving the Recent Past 3 Commission. (PRP3),2019 Preservation of Postmodern Cultural Landscapes:Lessons Santa Monica Proper Hotel, Santa Monica from Carousel Park Prepared memorandum on appropriateness of design drawings in accordance with the Secretary of the Interior's Standards for Rehabilitation. Performed construction monitoring site visits and prepared reports in accordance with applicable mitigation measures. Ocean Avenue Project, Santa Monica Prepared an Historic Resource Assessment, participated in design collaboration with Gehry Partners, prepared preliminary conformance review on proposed Ocean Avenue Project. Hotel Laguna, Laguna Beach Prepared Part 1 Historic Tax Credit application for a 1930 hotel designed by Gilbert Stanley Underwood. 2501 2nd Street, Santa Monica Evaluated proposed reuse and rehabilitation of early cottage, and prepared conformance report to ensure project adherence to the Secretary of the Interior's Standards for Rehabilitation. 103 �1 117 ya 18 Technology e,C Ste.618 �Ld iJ 111: Irvine,CA 92618 949-356-6660 O+ CRM .www.dukecrm.com Curt Duke President/Principal Archaeologist Professional Experience j/ President/Principal Archaeologist,DUKE CRM,March 2011 to present Archaeologist/Principal,LSA Associates,1997-2011 Archaeological/Paleontological Technician,Various Companies, 1995-97 F Archaeological Technician/Teachers Assistant,Cabrillo College, 1994 I Anthropological Laboratory Technician,UC Santa Cruz, 1994 is Selected Project Experience Reid/Baldwin Adobe,LA Arboretum,Arcadia,2019-Present .�, Veteran Affairs Medical Clinic,Santa Rosa,2019 ] Deane Dana Friendship Park,Rancho Palos Verdes,2019 ((( Makayla Mine Expansion Project,Olancha,2019 Sweeny Road,Lompoc,2018 Vantage Point Church,Eastvale,2016 and 2018 r; VA West Los Angeles Campus Master Plan,2017-Present Avenue S-8 and 401h St.E.Roundabout,Palmdale,2017-18 4 SR-110 Improvements,Los Angeles,2017 Diamond Valley Estates Specific Plan,Hemet,2017 Expertise VA West Los Angeles Campus Hospital Replacement,2016-Present Cultural Resources Management Shoemaker Bridge Replacement,Long Beach,2016-Present California Prehistory Spruce Goose Hangar,Playa Vista,2016 Section 106 Compliance Rice Avenue at 5th Street Grade Separation,Oxnard,2015-Present CEQA Compliance Vila Borba,Chino Hills,2013-Present Native American Consultation Skyridge Residential,Mission Viejo,2011-Present Baker Water Treatment Plant,Lake Forest,2014-2015 Education VA Clinic,Loma Linda,2014-Present Evanston Inn,Pasadena,2014-2016 CSU,Fullerton,M.A.,Anth,2006 Petersen Ranch,Leona Valley,2013-2014 SDSU,Grad Studies,Anth,1996-97 California Street/Highway 101,Ventura,2014-Present UC Santa Cruz,B.A.,Anth, 1994 6th Street Bridge Replacement,Los Angeles,2013-Present I-15/I-215 IC Project,Devote,2008-10 Professional Registrations Colton Crossing Rail-to-Rail Grade Separation,2008-11 RPA,No. 15969 City of LA DPW BOE,On-Call,Cultural/Paleo Services,2008-11 County of Riverside(No. 151) Mid County Parkway,Riverside County,2014-10 County of Orange McSweeny Farms Specific Plan,Hemet,2004-08 Mesquite Regional Landfill,Coachella Valley,2006-08 Professional Memberships Hacienda at Fairview Valley Specific Plan,Apple Valley2007-08 Society for California Archaeology Majestic Hills Specific Plan,Hesperia,2006-07 Society for American Archaeology Chuckwalla Solar I Project,Desert Center,2007-08 Pacific Coast Archaeological Society Needles Highway Improvement Project,2004-06 Assoc.of Environmental Professionals Superstition Solar I Project,Salton Sea,Imperial County,2008 Building Industry Association Muddy Canyon Archaeological Project,Newport Beach,1997-2001 Temecula 32,Archaeological Phase H Testing,2007 Mammoth Lakes Parks/Rec and Trail System Master Plan,2010 24th Street Improvements,City of Bakersfield,2008-11 California Valley Solar Ranch,San Luis Obispo County,200940 Delano-Alpaugh Water Pipeline,Kem/Tulare Counties,2006-09 I-15/SR-79 IC Project,Temecula,2006-10 Westlake Historic Resources Survey,Los Angeles,2008-09 CETAP,western Riverside County, 1999-2001 Los Coches Creek Elementary School,near Alpine,2003-06 Oak Valley Specific Plan I Amendment,Beaumont,2004 San Nicolas Island Naval Base Ventura County CA 1997 ARCHAEOLOGY HISTORY PALEONTOLOGY 364 W.Orange Show Lane, D'Jd.11;�y7�-� San Bernardino,CA 92408 (949)356-6660 Ext.1003 wwwdukecrmxom Nicholas E Hearth Principal Investigator/ Archaeologist Professional Archaeological Experience "- Principal Investigator,DUKE CRTM March 2018-present. rs= Field/Laboratory Director,DUKE CRM,2014-2018. " Associate Archaeologist,Applied Earthworks;2012-2014. +fa � b Archaeologist,Public Archaeology Laboratory,2011-2012. Project Leader,Valles Caldera National Preserve,2011. ' Field Director,Florin Cultural Resource Services,2010. y Archaeologist,Bighorn Archaeological Consultants,2009-2010. a# Lithic Analyst/Field Supervisor,Northwestern University ;I f Archaeology Project,2007-2009. Crew Chief,Yalahau Region Human Ecology Proj.,2005-2007. .' Report Writer,CRIvI Tech,2006. Field Technician,Yalahau Region Human Ecology Proj.,2004. Field/Laboratory Technician,Public Archaeology Survey Team, f 2003-2004. Laboratory Director/Laboratory Assistant/Field Technician, UMass Archaeological Services,2002-2003. Expertise Selected Local Project Experience Cultural Resources Management Rancho Mirage Resignalization,2015-2016. Prehistory Mission Hills Reservoir,Indio,2013 California Cli orn &CEQA Compliance I10/Jefferson St.Interchange Improvement,2012-2013 SectNative American Consultation Selected Project Experience* Lithic Analysis Reid-Baldwin Adobe,LA Arboretum,Arcadia,2019—present SR 57-60 IC and Golf Course,Diamond Bar,2019-present Education Makayla Mine Expansion Project,Olancha,2019 UC,Riverside,PhD Candidate, PCH Signal Improvements,Malibu,2019—present Anthropology Ocean Place(Tract 17425),Seal Beach,2018-present UC,Riverside,M.A.,Anthropology,2006 Diamond Valley Estates Residential,Hemet,2017-present UMass,Amherst,B.A.,Anthropology, SBCTA 210/Pepper,Rialto,2016-2019 2003 Vila Borba Residential,Chino Hills,2015-present California Street,Ventura,2014-present Professional Registrations Skyridge Residential,Mission Viejo,2014-present RPA,No.989903 26426 National Trails Highway,Helendale,2018 City of Redlands TTM20126,2018 Professional Memberships Trumark-Higgins Monitoring,Chino Hills,2017 Society for California Archaeology Mission Heritage,Riverside,2017 Society for American Archaeology 76 Station, Orange,2016 Coachella Valley Archaeological Society Vantage Point Church,Eastvale,2016 Rice Avenue at 5,h St.,Grade Separation,Oxnard,2015-2018 Lakeside Temescal Valley Residential Development,2014-2016 Clinton Keith Road Expansion,Murrieta,2014 Regent Crossroads,Winchester,2013 Crowder Canyon Arch.District Data Recovery Plan,2013 San Gabriel Trench Archaeological Project,2013 PG&E TCS Remediation,Needles,2012 to 2014 Old Place Neck Data Recovery,Staten Island,NY.2012 Jackson Flat Data Recovery Kanab,UT,2009-2010 ARCHAEOLOGY HISTORY PALEONTOLOGY 0+ D`ti-/.1l`1.u..t 364 W.Orange Show Lane CR � �(- San Bernardino,CA 9240 ��1�/� (949)356-6660 Esc 1005 www.dukecrm.eom Benjamin Scherzer Paleontologist Professional Experience -• .q{t e, k Paleontologist,DUKE CRM,February 2014-present '. Paleontologist,L&L Environmental,2017-2018 t j Stratigrapher,Archeological Resource Management Corp.,2015-2018 M Paleontological Specialist II,SD Natural History Museum,2013-2018 Paleontological Specialist II,SWCA(Pasadena),2012-2015 L, • 1 Paleontologist,SWCA(Vernal,UT),2011-2012 1 �4 j Fossil Preparacor,Carter County Museum,2010-2011 Physical Science Technician,Badlands National Park,2010 Mudlogger/Geologist,Pason Systems USA,2006-2009 Paleontological Field Assistant,ARCADIS US,2006-2007 Selected Project Experience ! Reid-Baldwin Adobe,Arcadia,2019-present Prairie Avenue Bridge Rehabilitation,Torrance,2019-present Expertise San Jacinto GP&Update,San Jacinto,2019-present Paleontological Resources Management I-5 Widening,Aliso Viejo,2018-present Fossil excavation Sweeny Rd,Lompoc,2018-present Fossil preparation Atlanta Avenue Widening;Huntington Beach,2018-present Stratigraphy Ocean Place,Seal Beach,2018-present Natural gas mudlogging Lake Forest Civic Center,Lake Forest,2018-present Directional drilling Vanderham Monitoring,Jumpa Valley,2017-2018 Ave S-8 and 40th St Roundabout,Palmdale,2017-2019 Education Gold Flora Farms,Desert Hot Springs,2017-2019 M.S.,Earth Science,2008,MSU,Bozeman,MIT 1-5 HOV Truck Lanes,Santa Clarita,2017-2018 B.A.,Geology/Math,2002,Earlham College,IN Brasada Homes,San Dimas,2017-2018 Indus Light Industrial Building,Chino Hills,2017-2018 Professional Registrations Murrieta's Hospitality Commons,Murrieta,2017-2019 Paleontologist,County of Orange 61s Street Viaduct,Los Angeles,2017-present Paleontologist,County of Riverside 1-15 TEL,Riverside and San Bernardino Counties,2017 Lewis Street,Anaheim,2017 Professional Memberships The Crossings,Chino Hills,2016-2017 Society of Vertebrate Paleontology Reata Glen,'Mission Viejo,2016-2018 Geological Society of America Greenville-Banning Channel,Costa Mesa,2016 Society for Sedimentary Geology Fairfield Ranch,Chino Hills,2016 American Association of Petroleum Diamond Valley,Hemet,2017 Geologists,Pacific Section Marywood Residential,Orange,2016-2017 South Coast Geological Society Rancho Mission Viejo,Mfission Viejo,2015-2018 Western Association of Vertebrate Paleontologists Santa Margarita Water District Tesoro Reservoirs,Mission Viejo,2015 Evanston Inn,Pasadena,2015 Sycamore to Pefiasquitos 230 kV Transmission Line,San Diego,2015 Publications and Professional Papers Lakeside Temescal Valley,Temescal Valley,2015-present Schemer,B.2017.A possible physeteroid(ceercm: Vila Borba,Chino Hills,CA,2013-present odontocen)from the Yorba member of the Puente RP-Outfall Relocation,Ontario,2014 Formation,Orange County,California. Serrano Ridge,Temescal Valley,2014 Schemer,B.2016.An archaic baleen whale(Cetacea: Lago Los Serranos,Chino Hills,2014 hlysticeu)from the Vaqueros Formation,and other fossil Baker WTP,Lake Forest,2014 material from the Skyridge Project,Orange County, Skyridge Residential,Mission Viejo,2014-present California. Pacific Highlands,San Diego,2014 Sol y Mar,Ranchos Palos Verdes,2013-2014 Schemer, B. 2015. hfiocene teleost fish from Chino Hills: Mojave Solar Power,Hinkley,2013 preliminary results from the Vila Botha Project, San Genesis Solar Energy,Blythe,2012-13 Bernardino County,California. ARCHAEOLOGY HLSTORY PALEONTOLOGY 103 y,- D KE 18 Technology e,CSte.618 l �J')' iJ 1`�i:, Irvine,CA 92G18 949-356-6660 C R1j��/� www.dukernn.com Megan Patricia Wilson Archaeologist/GIS Analyst Professional Experience Archaeologist and GIS Analyst,Duke CRibI,2019-Present f Archaeologist and GIS Manager,Cogstone 11111,2014-2019 Assistant Archaeology Curator,John D. Cooper Center,2012-2014 Lab Assistant, California State University, Fullerton Archaeology Lab,2011-2012 Archaeological Field Technician,The Keith Companies,2003 Selected Project Experience Reid-Baldwin Adobe,Arcadia,2019—Present San Jacinto GP&Update,San Jacinto,2019-Present PCH Signal Improvements,Malibu,2019-Present Ocean Place(Tract 17425),Seal Beach,2019-Present Atlanta Avenue Widening;Huntington Beach,2019—Present Expertise SR 57-60 IC and Golf Course,Diamond Bar,2019-Present Cultural Resources Management Purple Line Extension (Westside Subway), Metro/FTA, Los California Archaeology and History Angeles,2019 Geographical Information Systems Brea 265 Specific Plan,City of Brea,2019 Trimble,Pathfinder,TerraSync,CPS Ontario International Airport Evaluation,City of Ontario,2019 Software Irvine General Plan,Update,2019 Sectionl06,NEPA,and CEQA Lake Forest General Plan Update, City of Lake Forest,2018 Compliance I-5/Venta Spur Trail Bicycle and Pedestrian Bridge, City of Irvine, Native American Consultation 2018 Newport Crossing Development,Newport Beach,2018 La Verne General Plan Update,City of Laverne,2018 Education 1-605 Katella Interchange Improvements Project,2018 CSU,Fullerton,M.A.,Anthropology,2014 SR 57 Widening Project-Orangewood to Katella, Caltrans District UCLA B.A.,Anthropology, 2006 12,2018 Harriet M.Weidner Regional Park,City of Huntington Beach,2017 Professional Registrations Park Place Extension and Grade Separation FIR EA, Caltrans RPA,No. 30984245 District 7,El Segundo,,2017 Accelerated Charter Elementary School, Los Angeles Unified Certifications School District,Los Angeles,2017 GIS Certification,CSU,Fullerton,2013 Del Sur Solar FIR,Lancaster,2016 Little Corona Infiltration/Buck Gully, Newport Coast Watershed Professional Memberships Management Plan,Newport Beach,2016 Society for California Archaeology Longboat Solar Photovoltaic,FDF Renewable Energy,Barstow and Society for American Archaeology Lenwood,2016 Society for Historical Archaeology I-5 Jeffrey Open Space Trail aOST) Segments 1 &2,Irvine,City of Orange County Historical Society Irvine/Caltrans District 12,2015 Sweany Pipeline, Phase II, Laguna Beach County Water District, Crystal Cove State Park, 2014 Little Tujunga Canyon Road Project,Angeles National Forest,2015 Lopez and Agua Dulce Canyons Restoration Due Diligence, Mountains Recreation and Conservation Authority, Angeles National Forest,2014 ARCHAEOLOGY HISTORY PALEONTOLOGY C � ATTACHMENT "C" FEES/COST PROPOSAL/RATES *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST PROPOSAL(Envelope#2)* *If necessary, you may attach additional sheets. REQUEST FOR PROPOSAL (RFP#08-20) ON-CALL HISTORIC RESOURCE REPORT SERVICES Responding to Request for Proposal No. 08-20 for providing on-call Historic Resource Report Services, IM/E the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: Robert Chattel, President $ 195 Leslie Heumann, Principal Associate $ 125 Christi di lorio, Principal Associate $ 125 Laura Carias, Senior Associate $ 85 Caroline Raftery, Associate III $ 85 Olivia White, Associate II $ 85 Alvin-Christian Nuval, Associate 1 $ 85 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Curt Duke, RPA, Principal Archaeologist $ 190 Nicholas Hearth, RPA, Archaeologist, Task Manager $ 110 Benjamin Scherzer, Paleontologist, Task Manager $ 110 Megan Wilson, Archaeologist, Task Manager $ 110 William Sawyer, RPA, Historical Archaeologist $ 120 $ $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSE: Cost/Rate: EDR Lighthouse $ 350/per property Historic photo research $ 40/hour Historic photo digital scan $50/photo 17