HomeMy WebLinkAboutA8510 - CHATTEL, INC.
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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
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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
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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
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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.”
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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(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
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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
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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
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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.
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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
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