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HomeMy WebLinkAboutAGR-7351.A - CHATTEL, INC. - STAFFING SERVICESPROFESSIONAL SERVICES AGREEMENT [Staffing Services] THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _______________, 2025 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CHATTEL, INC., a California corporation (“Contractor”), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary. Anna Pehoushek, Community Development Assistant Director (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager. 2. Compensation and Fees. a. Contractor's total compensation for all services performed under this Agreement, shall not exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) without the prior written authorization of City. b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. 3. Payment. a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B April AGR-7351.A 10th 2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice. d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable. 5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement. 6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever. 8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 3 It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated. 9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee. 10. Time of Completion. Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work as agreed to by and between the representatives of the parties. 11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 12. Reserved. 13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement. 14. Products of Contractor. The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. 15. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows: a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 4 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. 17. Indemnity. a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of: (1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and (2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 5 arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement. c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors. 18. Insurance. a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program. b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000.00) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000.00); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 6 f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000.00) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement. g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above. h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City. i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating. j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor. k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein. 19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 7 Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. 20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested. 21. Compliance with all Laws/Immigration Laws. a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring. c. Contractor represents and warrants that it: (1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 8 without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees. f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e. g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement. 22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California. 23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. 24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 9 address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY” Chattel, Inc. City of Orange 13417 Ventura Boulevard 300 E. Chapman Avenue Sherman Oaks, CA 91423-3938 Orange, CA 92866-1591 Attn.: Robert Jay Chattel, AIA President Attn.: Anna Pehoushek Telephone: (818) 788-7954 x3 Telephone: (714) 744-7242 E-Mail: robert@chattel.us E-Mail: apehoushek@cityoforange.org 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B 10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written. “CONTRACTOR” “CITY” CHATTEL, INC., a California corporation CITY OF ORANGE, a municipal corporation *By: By: Printed Name: Thomas C. Kisela, City Manager Title: *By: ATTEST: Printed Name: Title: Pamela Coleman, City Clerk APPROVED AS TO FORM: Nathalie Adourian Senior Assistant City Attorney *NOTE: City requires the following signature(s) on behalf of the Contractor: -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. √ Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B Robert Jay Chattel President EXHIBIT “A” SCOPE OF SERVICES [Beneath this sheet.] Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B March 20, 2025 VIA E-MAIL (apehoushek@cityoforange.org) Anna Pehoushek, Assistant Community Development Director City of Orange, Community Development Department 300 E Chapman Ave Orange, CA 92866 Re: Proposal for Additional Historic Preservation Consulting Services City of Orange Community Development Department Dear Anna, Chattel, Inc. (“Consultant” or “Chattel”) is pleased to provide the City of Orange (“Client” or “City”) this proposal for historic preservation consulting services. Firm Description Chattel, Inc. is a consulting firm that provides solutions for historic properties. Robert Jay Chattel, AIA, its president, is a California licensed architect. Project materials prepared by Consultant are instruments of service. For over 25 years, our staff of architects, historians, and planners has worked to get financial incentives for rehabilitation projects. We also help governmental agencies and stakeholder groups identify important community resources and plan for their preservation. The regulatory world surrounding development projects can be complex, and we have the skills and experience to streamline project review and achieve creative changes to historic properties. From our Los Angeles office, we assist clients throughout the western United States. Brief biographies of Chattel team members are attached. Please read about our success stories at www.chattel.us. Chattel currently serves as extension of staff to the Cities of Orange, Monterey, Los Angeles, and West Hollywood, and previously for the City of Santa Ana. For Monterey, Chattel completed an update to the historic preservation ordinance that integrated archaeological policies and has also provided review for conformance with the Secretary’s Standards on a project basis. For Los Angeles, Chattel completed a citywide comprehensive Mills Act Program Assessment and has long been involved in periodic and pre-approval Mills Act inspections, workshops, preparing staff reports and presenting to the Cultural Heritage Commission as part of the annual cycle of Mills Act applications. For West Hollywood, Chattel has been providing monthly training to the Historic Preservation Commission on a wide variety of topics, including Cultural Resource eligibility, survey, Mills Act, Secretary’s Standards conformance/interpretation, and project review. For Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B Ms. Anna Pehoushek March 20, 2025 Page 2 Santa Ana, Chattel provided research and peer review support for local landmark nominations prepared by staff. Scope of Services Community Development Department: General Services and Mills Act Chattel would provide general historic preservation consulting as extension of staff as needed, including meetings with City staff, design review, peer review, and preparation of any additional memos as directed. Chattel maintain regular office hours with City planning staff to review applicable historic preservation projects and share guidance as necessary. Chattel would support the City in completing routine periodic inspections of existing Mills Act contract properties, working with City staff to prioritize properties, send out notifications, and conduct the inspection. Prior to visiting any property, we will review all available documentation to understand property historic significance and Mills Act contract rehabilitation plans. Documentation to be reviewed may include designation nominations, Mills Act contracts, permit history, construction drawings, and narrative scopes of work. We will identify any concerns prior to scheduling inspections. During inspections, we will view and photograph existing conditions and monitor work to ensure conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary’s Standards). During inspections, any concerns and potential modifications to scopes of work will be discussed. Working with City staff, we will support preparation of follow-up compliance letters, including inspection reports summarizing observations, recommendations, and conditions for approval, as appropriate. Inclusions Chattel proposes to perform a majority of the scope of services remotely with limited time at City Hall, on site visits or at committee or other public meetings, as necessary. We are pleased to participate in virtual meetings with City staff, Mills Act contract property owners and attend committee or other public meetings remotely without limitation. Exclusions We generally exclude working more than two days per month in Orange for Mills Act inspections . Project Cost Estimate We propose to work on a time and materials basis, at our reduced municipal rates, for a total not- to-exceed $30,000. As Chattel reimburses employees for mileage at the 2025 federal standard of $0.70, we would seek reimbursement for mileage at this rate. We bill extraordinary expenses of air travel, car rental, hotel, outside photocopying, and film processing and printing at cost. We will utilize the following individuals at stated hourly rates, which you will note are substantially reduced from our regular rates. You will be notified in advance of any changes in the foregoing rates or personnel. Key staff and point of contact would be planner Alvin-Christian Nuval, Principal Associate, and architectural historian Nels Youngborg, Senior Associate. Architectural historian and historic architect Robert Chattel would be principal in charge and other senior staff would be available for peer review and additional subject expertise as necessary. Name Title/Area of Expertise Hourly Rate Reduced Rate Robert Chattel Principal $378 $198 Leslie Heumann Principal Associate $198 $158 Christine di Iorio Principal Associate $198 $158 Alvin-Christian Nuval Principal Associate $198 $158 Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B Ms. Anna Pehoushek March 20, 2025 Page 3 Nels Youngborg Senior Associate $168 $100 August Phillips Associate III $158 $100 TBD Associate II $138 $100 TBD Associate I $118 $100 TBD Office Manager $78 $60 Mackenzie Izzard Intern $58 $40 We will bill monthly. As a small business, we require payment of invoices within thirty (30) days. If additional services are requested which exceed the total amount stated above, this agreement will be modified in writing to provide for such additional work and/or increased dollar amount. Either party may terminate this agreement by providing written notice. If additional services are needed, a written change order request will be prepared by Consult ant and signed by the Client before additional services are commenced. Indemnity Consultant and Client shall indemnify, defend, and hold the other harmless from and against all claims, costs, demands, liabilities, expenses, damages and losses (including without limitation reasonable attorney fees) caused by the negligent performance of the services described in, or breach of, this agreement, by the indemnifying party. Limitation of Liability In recognition of the relative risks and benefits of the Project to both Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant to the Client and any third parties for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, inclusive of any attorneys’ fees and costs and expert-witness fees as well as any and all court costs incurred such that the total aggregate liability of the Consultant to the Client shall not exceed $50,000 or the amount of the fee charged and actually paid by Client to Consultant for the particular project involved in the claim. It is intended that t his limitation shall apply to any and all liability, claims or causes of action however alleged or arising, unless otherwise determined by a court of competent jurisdiction to be prohibited by law. No Personal Liability No officer, director, partner, member, shareholder, or employee of either party, its respective parents or affiliates or its successors or assigns shall have personal liability under any provision of the Agreement, nor shall Client make any claims against any individual architect working for Consultant. Mutual Consequential and Punitive Damage Waiver Notwithstanding this or any other provision of the agreement, to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors, subcontractors, consultants, design professionals or material suppliers shall be liable to any of the others or make any claim for incidental, indirect, punitive or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but be not be limited to, loss of use, loss of profits, loss of business, loss of income, loss of reputation, delay claims, carrying costs on any financing, loss of use or opportunity, loss of good will, cost of substitute facilities, goods, or services, cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages as well as any other consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, strict liability, breach of contract, and breach of express or implied warranty. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B Ms. Anna Pehoushek March 20, 2025 Page 4 Certificate of Merit The Client shall make no claim for professional negligence or breach of contract either directly or in a third-party claim, against Consultant unless the Client has first provided Consultant with a written certification executed by an independent professional currently practicing in the same discipline as Consultant and licensed in the jurisdiction where the project is located. This certification shall be executed under penalty of perjury and, at a minimum, contain the following: a) the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Consultant performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to Consultant not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceedings. This proposal is valid for thirty (30) days. If this proposal and agreement are acceptable, please have the appropriate party complete the document below and return an original signed copy. Should you have questions, please call (818) 421-1767. Very truly yours, CHATTEL, INC. By: _________________________________ Robert Jay Chattel, AIA, President California Architect License No. C27398 Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834 AGREED AND ACCEPTED THIS ____ DAY OF _______________, 2025 Owner: _____________________________________ By: ___________________________ (Signature) Name: ___________________________ Its: ___________________________ (Print Name) (Title) Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS STAFF BIOGRAPHIES ROBERT JAY CHATTEL, AIA President / Historic Architect Both a licensed general contractor and architect in California with more than 40 years’ experience in planning, design and construction, Robert Chattel’s unique qualifications include meeting the Secretary of the Interior’s Professional Qualifications Standards in Architectural History and Historic Architecture. Robert has experience working for non-profit, government, and for-profit entities, including the Los Angeles Conservancy, Community Redevelopment Agency of the City of Los Angeles and a private real estate developer. He holds a B.A. in Architecture from U.C. Berkeley and a M.S. in Historic Preservation from Columbia University. In 1994, he established Chattel, Inc. From its office in Los Angeles, the firm works on design collaboration, environmental review and preservation policy projects in the western United States. As President, Robert 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. Robert and his firm have received awards from the California Preservation Foundation, Los Angeles Conservancy, American Planning Association, and the City of Los Angeles for projects ranging from preservation of the Beverly Hills Waterworks (the subject of his master’s thesis) to stabilization of the Breed Street Shul in east Los Angeles, and rehabilitation of the downtown Los Angeles Central Library. Robert has advised the City of Las Vegas on rehabilitation of several historic properties including Mob Museum, Neon Museum, and Historic Westside School. LESLIE HEUMANN Principal Associate / Architectural Historian Leslie Heumann, Architectural Historian, with over 40 years of experience in all aspects of historic resource management, specializes in historic resource surveys, historic assessments, and landmark nominations; use of the Secretary of the Interior's Standards for Treatment of Historic Properties; and preparation of documentation pursuant to the California Environmental Quality Act, National Historic Preservation Act, and National Environmental Policy Act. Beginning her career with the City of Pasadena, where she eventually became the coordinator of the citywide Architectural and Historical Inventory, Leslie went on to conduct historic resources surveys in Alhambra, Altadena, Beverly Hills, Carmel, Glendale, Houston, Long Beach, Los Angeles, Rancho Mirage, San Clemente, Santa Ana, Santa Monica, South Pasadena, Upland, West Hollywood and several other communities as well as for the Los Angeles Unified School District and other school districts. Leslie’s expertise also includes preparation of context statements and individual property Historic Resource Assessments. She has authored or supervised the preparation of numerous cultural resources impacts reports in support of CEQA and NEPA for projects throughout California ranging in scope from individual developments to General Plan updates. Additional areas of expertise include drafting local historic preservation ordinances, Historic American Buildings Survey documentation and historic school modernization issues. Leslie meets the Secretary of the Interior’s Professional Qualifications Standards in History and Architectural History. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS CHRISTINE DI IORIO, AICP Principal Associate / Planner and Architectural Historian Christi di Iorio has over 28 years of experience as a planner working for various cities in California, most recently as project manager for the City of Millbrae where she managed and orchestrated special economic and development 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; for the City of Carmel-By-The-Sea as Community Planning and Building Director; and for the City of La Quinta as Planning Manager . Christi holds a Bachelor’s degree from Colorado State University in Historic Preservation and a Master of Arts degree from University of California, Riverside in Historic Resources Management. She is certified by the American Institute of Certified Planners (AICP) and meets the Secretary of the Interior’s Professional Qualifications Standards in History and Architectural History. ALVIN-CHRISTIAN NUVAL Principal Associate / Planner Alvin holds both a Master of Urban and Regional Planning with concentrations in Design and Development and Transportation Policy and Planning and a B.A. in Global Studies with a Minor in Education Studies from UCLA, where his master’s capstone project focused on identifying ways to support teachers, educators, and parents in introducing urban planning topics to elementary school-aged children. For his work, he received a Shapiro Fellowship and was selected by the Lewis Center for Regional Policy Studies as a student grantee. In 2018, Alvin received a Student Scholarship to attend the National Asian & Pacific Islander American Historic Preservation Forum in San Francisco. Alvin’s professional experience includes interning for Chattel prior to advancing as an Associate, working with cultural community-based organizations in Historic Filipinotown and Little Tokyo, and engaging in the production of events such as the Los Angeles Asian Pacific Film Festival and CicLAvia. At Chattel, Alvin has worked on a variety of projects including preparation of historic resource assessments and local landmark nominations and review of projects for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. He has completed two Section 106 reviews for the County of Kern and successfully listed the Edward and America Griffith House and the New Lynn Theater, both in Laguna Beach, in the National Register of Historic Places. Currently, Alvin is working with a team of historians to develop an interpretive history walk at Roosevelt High School in Boyle Heights. Alvin enjoys researching the background of different properties using newspaper articles and is passionate about making history more accessible to people of all ages and backgrounds. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS NELS YOUNGBORG Senior Associate / Architectural Historian Nels Youngborg has thirteen years of experience in the architectural inspection services and historic preservation fields. He holds a Masters Certificate in Historic Preservation from the University of Texas, San Antonio and is completing his thesis for a M.S. in Historic Preservation from the University of Pennsylvania. For over six years, Nels worked as a consultant to advise public housing authorities on best practices for maintaining, weatherizing and rehabilitating their properties and how to approach projects that would impact historic resources. These services required experience with material life-cycle analysis, LEED AP accreditation, federal certification for real estate assessment, and intimate knowledge of Federal and State regulations regarding historic resources. Nels also worked as a student professional worker and an emergency appointment planning assistant at the City of Los Angeles Department of City Planning Office of Historic Resources for two years. He managed the Historic-Cultural Monument program, worked with the Cultural Heritage Commission to create their hearing schedule, wrote staff reports to advise the City's historic preservation cases, assisted in management of the Mills Act program, reviewed and cleared permits for historic resources, reviewed Environment al Impact Reports that proposed potential impacts to historic resources, and served as the social media coordinator for SurveyLA , the Los Angeles Citywide Historic Resources Survey. At Chattel, Nels has continued to manage aspects of the City of Los Angeles’s Mills Act Program, including pre-approval and periodic inspections. Nels specializes in assessment of historic significance, design review, permit expediting, geolocational database management and map creation through ArcGIS software, material condition assessment and risk analysis, preparation of documentation to support local, State and Federal historic preservation regulations, such as the Los Angeles Cultural Heritage Ordinance, Mills Act, California Environmental Quality Act (CEQA), National Histor ic Preservation Act (NHPA), and compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. AUGUST PHILLIPS Associate III / Architectural Historian August holds a M.A in Public History from California State University, Sacramento with a concentration in Historic Preservation and a B.A in both History and Middle East/South Asia Studies from University of California, Davis. For their thesis project, August nominated the Guild Theater in Sacramento to the National Register of Historic Places and is completing the process of successfully listing the property. They served as a board member for the Research and Creative Activity Advisory Board at Sacramento State and worked to maintain equitable and accessible platforms for students to present research and mitigate potential barriers. They also contributed to the redesignation of Sutter’s Fort in Sacramento as a National Historic Landmark. August’s professional experience includes working as a Cultural Resources Assistant with the California Energy Commission where they mapped site records and environmental compliance reports using ArcGIS Online geospatial database, conducted ethnographic research, and co-authored the Tribal Energy Resiliency Conference Report. At Chattel, August has worked on a variety of projects including, preparation of historic resource assessments and review of projects for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. August has completed Section 106 review for the Sam and Alfreda Maloof Compound Roof Replacement and contributed to preparing the Las Vegas Historic Design Guidelines for John S. Park and Beverly Green Historic Districts. Currently, for the City of Las Vegas August is working with a team to develop the Historic Westside Design Guidebook to guide new infill development based on historic precedent. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS MACKENZIE IZZARD Intern Mackenzie is a rising senior at Boston University pursuing a B.A. in Architectural Studies and a minor in Urban Studies. For her coursework, she has conducted research on multiple historic buildings and districts in Boston including preservation and adaptive reuse efforts. Mackenzie has experience working in the private, non-profit, and public sectors of architecture and preservation. Gaining exposure to the work of architecture firms, she interned with Jonathan Levi Architects in Boston and the Abode Communities Architecture Studio in Los Angeles where she worked on presentation materials and shadowed architects. While interning with the City of Pasadena’s Department of Design and Historic Preservation, Mackenzie updated photos and architectural descriptions in the city’s Historic Resource Inventory Database. She also assisted with the research and writing for a landmark designation application. She is now an intern with Chattel working on designating Lenchita’s Tortilleria and Restaurant in Pacoima as a His toric-Cultural Monument. Docusign Envelope ID: 4383A8F0-8FB5-47DE-B1E5-52DD2DEBD51B