HomeMy WebLinkAboutAGR-7903 - CHATTEL, INC. - HISTORIC PRESERVATION ORDINANCEDocusign Envelope ID:76E44779-1ADC-4583-B980-AE02462E37F9
AGR-7903 Initial
PROFESSIONAL SERVICES AGREEMENT L'I
Historic Preservation Ordinance]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 12th day of November , 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, Assistant Community Development 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 SIXTY-SIX THOUSAND THREE HUNDRED SEVENTEEN
DOLLARS and 00/100 ($66,317.00)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.
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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.
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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 or as otherwise 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 Employ ment 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
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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
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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 lndemnitees, 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) 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); 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 1 8.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.
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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) 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.
1.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 live (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.
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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,
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without limitation, the completion and maintenance of the Form 1-9 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 work 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
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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 Chattel, President Attn.: Anna Pehoushek
Telephone: (818) 788-7954 Telephone: (714) 744-7228
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 electronically shall have the same effect as original signatures.
Remainder of page intentionally left blank; signatures on next page)
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IN WITNESS of this Agrccmcnt, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY'.
CI IATfla., INC., a California corporation CITY OF ORANGE. a municipal corporation
rInitial 1—DocuSlgned by:
iC *13y:r By: Ora f. S ztkr
Print Namc: Rob/Ja`:hattcl Tarf te'.' PAli:r, Mayor •
Title: President an. of )ircctor
13y: ATTEST:
Printed Name:
Title:
Signed by:
ara rMit'An, City Clerk
APPROVED AS TO FORM:
DocuSlgn.d by:
r I! oudC/1
Na Wili DR°eAntian, 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,ANI)(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
1'he 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.
v'
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
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T /L- _1 t_
J L
Chattel, Inc. I Historic Preservation Consultants
October 29, 2025
VIA E-MAIL (apehoushekcityoforange.orq)
Anna Pehoushek, Assistant Community Development Director
City of Orange, Community Development Department
300 East Chapman Avenue
Orange, California 92866
Re: UPDATED Proposal for Preparation of Historic Preservation Ordinance,
City of Orange Community Development Department
Dear Anna,
Chattel, Inc. ("Consultant" or"Chattel") is pleased to provide the City of Orange ("Client" or"City")
with this proposal for preparation of a Historic Preservation Ordinance. We understand that the
City would like to draft a Historic Preservation Ordinance that builds on the policies currently
guiding the management of cultural and historic resources in Orange. That foundation includes
the City's award-winning Historic Preservation and Cultural Resources Element, adopted in 2010,
and Historic Preservation Design Standards (Design Standards) for Old Towne (adopted in 1995,
as amended) and for the Eichler tracts (adopted in 2018).
We further understand that, in October 2024, the City entered into a Memorandum of
Understanding (MOU)with the Old Towne Preservation Association (OTPA) and Orange Legacy
Alliance (OLA). As part of that agreement, an initial Historic Preservation Ordinance has been
drafted by members of OTPA and OLA. Our work will seek to engage these important local
stakeholder groups and to build on the foundation created by their work and by the 2024 MOU.
One of the most significant steps a municipality can take in the management and protection of its
cultural heritage is adopting a historic preservation ordinance. Through a well-crafted ordinance,
the City has an opportunity to establish its own criteria for significance, codify best practices,
ensure consistency and transparency, and create a clear nexus with other zoning code chapters
and with the California Environmental Quality Act(CEQA). In this way, the historic preservation
ordinance helps prioritize and protect significant cultural and historic resources, in a manner that
is tailored to the City and that streamlines entitlements and environmental review.
Key staff identified for this effort have extensive experience working with the City, both in our role
developing the 2010 Historic Preservation and Cultural Resources Element and as on-call historic
preservation consultants for the Community Development Department. This expert-level
understanding of the City and its current conditions and regulatory framework will allow us to
create, in a highly cost-effective manner, a preservation ordinance tailored to the City of Orange.
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Ms. Anna Pehoushek
October 29, 2025
Page 2
All work efforts will be directed by Chattel founder and president, Robert Chattel, AIA. Principal
Associate Debi Howell-Ardila will serve as project manager, with additional assistance from other
Chattel associates, including Alvin-Christian Nuval and Leslie Heumann.
Policy development is an area of specialty for all members of the Chattel, Inc. key staff team.
Robert led efforts to develop the 2010 Historic Preservation and Cultural Resources Element,
which won the Governor's Historic Preservation Award in 2011. Robert, Leslie, and Debi also
served as key staff in the preparation of the City of San Gabriel Historic Preservation and Cultural
Resources Ordinance, which won awards from the Los Angeles Conservancy and California
Preservation'Foundation in 2018. Debi also assisted the cities of Manhattan Beach and South
Pasadena in development of their cultural heritage ordinances and served as principal author for
the City of Colton Cultural Resources Element. That effort was honored with a California
Preservation Foundation Trustee's Award for Excellence in 2025.
In accordance with your request to include guidance on archaeological and Tribal Cultural
Resource issues, we are pleased to partner with Mary Maniery and PAR Environmental Services,
Inc. (PAR). Mary led efforts to craft the cultural resources sections of the 2010 Historic
Preservation and Cultural Resources Element. This partnership will enhance our ability to tailor
the ordinance to the existing conditions and needs of the City. (Paleontology is not part of this
scope, as CEQA Guidelines no longer addresses this issue under cultural resources; it now falls
under geology and soils.)
This proposal describes the following tasks: (1) Project Initiation Meeting and Literature Review;
2) Draft/Final Historic Preservation Ordinance; (3) Commission and City Council Hearings and
Ordinance Finalization; and (4) Community and Commission Work Study Sessions. Incorporated
into these tasks is the scope of work by PAR, to prepare the Archaeology and Tribal Cultural
Resources provisions for the ordinance. Our cost estimate follows the recommended scope.
Recommended Scope of Work
The following scope reflects our recommended approach for the development of an effective
historic preservation ordinance. Two basic principles will guide our work: first, no single
preservation ordinance fits for every municipality; policies must be tailored to the City's needs and
situation; and second, in concert with the City, we will develop a range of options and provisions
for you to consider, to make sure the new law is thorough and balanced.
We welcome your input and feedback to ensure that this recommended scope meets your needs
and expectations.
Task 1 Project Initiation Meeting and Literature Review
Upon Notice to Proceed (NTP), Chattel will schedule a meeting with City staff to clarify project
priorities and any anticipated areas of public, stakeholder, or decision-maker concern. During this
meeting, we will establish with the City a timeline for ordinance preparation and hearings. This
meeting will provide an opportunity to review with the City some of the typical options and
approaches for each of the issue areas presented by the City.
In addition, the Chattel team will coordinate a meeting with representatives of OTPA and OLA, in
order to learn more about the project history and their work to date. This will ensure that the work
already completed by this important community group is reflected in the Historic Preservation
Ordinance. In order to maximize project resources, an effort will be made to schedule this
meeting on the same day as the project initiation meeting with the City.
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Ms. Anna Pehoushek
October 29, 2025
Page 3
Drawing on initial input provided by the City, key topics to address in the ordinance include, but
might not ultimately be limited, to:
1. Establishment of a local historic register
2. Development of the process and criteria for:
o Listing and de-listing of historic resources
o Defining and designating historic districts
o Designating local landmarks; and
o Establishing Cultural Heritage Districts and Neighborhood Character Districts
3. Creation of procedures and thresholds for demolition review
o With provisions distinguishing between primary and accessory buildings
4. Establishment of a Cultural Heritage Commission
o Including steps for its creation, commissioner requirements, and responsibilities
5. Codification of the relationship (and clarification of the applicability) of Historic
Preservation Ordinance to previously adopted Design Standards
6. Historic property project review process, with streamlining through tiered project reviews
o Tiered previews would define exemptions (e.g., for minor projects, based on size,
visibility from the public right-of-way, and location on lot, among other factors)
c Streamlining would also be accomplished by defining the projects and processes
subject to administrative versus commission reviews
7. Guidance for historic resources (both in terms of management and project reviews)
outside of designated historic districts
8. Guidance on building relocation as potential mitigation to the loss of historical resources
9. A sequential, defensible set of policies, procedures, and penalties related to historic
property maintenance, failure to maintain, and demolition by neglect
10. Policies and procedures related to unsafe or dangerous conditions/catastrophic events
o Creating a clear nexus between the Historic Preservation Ordinance and the
City's emergency ordinance for streamlined review (including under CEQA's
statutory exemption for imminent threat)
c Developing requirements for structural assessments and/or emergency
documentation prior to demolition in certain cases
11. Applicability to broader umbrella of cultural resources (archaeological and Tribal
Cultural Resources)
o Paleontology is not included in this scope of work, since this area no longer falls
under the umbrella of cultural resources in CEQA; this issue area is now
addressed under geology and soils
12. Establishment of a clear process and mandatory findings for Certificates of
Appropriateness
13. Guidance and information on voluntary historic preservation covenants and the
applicability of the California Historical Building Code
14. Definition of cases qualifying for a waiver of City building code requirements for the
benefit of maintaining the integrity of a historic resource
15. Development of innovative, robust preservation incentives and refined Mills Act program
requirements
16. Information and guidance on streetscape improvements
17. Creating a clear, defensible nexus with CEQA
Based on our experience preparing ordinances and policy documents, our team anticipates an
overall timeframe of approximately 6-8 months for completion of the First Administrative Draft
Historic Preservation Ordinance. We understand that time is of the essence for this project; this
schedule can be updated in accordance with the City's needs.
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This task also includes a review of existing policies and development of a draft outline for the
Historic Preservation Ordinance. The draft ordinance outline will be presented to the City for
review and comment.
Task Deliverables: Draft/Final Outline of Historic Preservation Ordinance
Task Meetings: Up to one (1) in-person meeting and one (1) virtual meeting with City staff
upon project initiation and upon completion of the outline of the Historic
Preservaton Ordinance); one (1) in-person meeting with representatives of
OTPA and OLA, to discuss work completed to date
Task 2 Draft/Final Historic Preservation Ordinance
Concurrent with Task 2, and building on the foundation in place, Chattel will begin preparation of
the First Administrative Draft Historic Preservation Ordinance. The ordinance will define, in user-
friendly terms, key terms and preservation policies and procedures that reflect the City's needs
and objectives as well as clear measures to ensure their enforceability.
This task includes up to three (3) rounds of City review and revisions by Chattel, as described
below.
For the first round, the First Administrative Draft will be prepared by Chattel and transmitted to the
City in electronic format, in MS Word. The City will provide one composite set of comments on the
First Administrative Draft (City comments and edits will preferably be provided using MS Word's
revisions tracking function). Upon receipt of the City's comments and edits, Chattel will then
implement changes, address comments, and provide the Second Administrative Draft to the City
in electronic format, in MS Word.
For the second round, the City will provide one additional round of review and (if necessary) one
composite set of comments to Chattel. These comments will be incorporated into the Final
Administrative Draft Historic Preservation Ordinance and transmitted to the City for one final
confirmation round of review.
For the third round, the City will confirm that all final changes have been made, and the Final
Administrative Draft Historic Preservation Ordinance will be presented to the Planning
Commission and City Council for review, comment, and adoption. It will also be presented to the
Design Review Committee (DRC) as an informational item (described in more detail in Task 3
below). This task also includes attendance at up to two (2) in-person and one (1) vitual meetings
with the City, to review comments and edits on the First, Second, and Final Administrative Drafts.
Task Deliverables: First Administrative Draft; Second Administrative Draft; Final
Administrative Draft (for internal review, for City review and comment)
Task Meetings: Two (2) in-person and one (1) virtual meetings with City staff
Task 3 Commission and City Council Hearings and Finalization
Under this task, the Final Administrative Draft of the Historic Preservation Ordinance will be
presented to City decisionmakers for input and approvals. First, the Final Administrative Draft will
be presented in an informational session to the DRC, to glean feedback and answer and address
any questions or concerns. DRC feedback will be implemented in the Final Administrative Draft at
the discretion of the City.
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Next, the Final Administrative Draft will be presented to the Planning Commission and City
Council for review, input, an ultimate adoption. Chattel will work with the City to determine the
timing for these hearings and presentation schedule.
This task also includes preparation of up to two (2) iterations of a PowerPoint presentation of the
ordinance, to be used at the DRC, Planning Commission, and City Council hearings, as well as
preparation of two (2) comment matrices, capturing comments from the Planning Commission
and from the City Council. The comment matrix will document each specific comment provided,
as well as how the comment has been addressed.
We anticipate working closely with City staff, including the City Attorney, through the reviews,
revisions, and approvals process. Our final draft will incorporate comments from the City,
Planning Commission and/or City Council. This task assumes one (1) round of comments and
updates following the Planning Commission hearing, and two (2) rounds of comments and
updates following City Council's review.
Task Deliverables: Final Administrative Draft (for public review, and for Planning Commission
and City Council review and comment); Final Ordinance; up to two (2)
PowerPoint presentations for Planning Commission and City Council
Task Meetings: This task includes in-person attendance at five (5) hearings (one with the
DRC; one with the Planning Commission; and up to three with the City
Council, as needed through the first and second readings of the ordinance
Task 4 Community and Decision-Maker Outreach and Work Study Sessions
To ensure a smooth review process, community outreach and engagement are key. This task
covers three work study sessions—two with the community, and one with the Planning
Commission—to proactively address concerns and questions as the ordinance takes shape.
The first two work study sessions, with the community and Planning Commission, will utilize a
parallel format and PowerPoint presentation. The goals will be to review, at a high level, the
typical components of a preservation ordinance; to answer initial questions; and to solicit
feedback on priorities, in a manner that encourages (and documents) input and participation.
The draft presentation will be prepared by Chattel and presented to the City for review prior to the
work study sessions. The PowerPoint presentation for this work study session will include a
general overview of the typical components of a historic preservation ordinance, including
strategies and best practices in designation, managing change, streamlining reviews, and offering
incentives. The advantages for adopting an ordinance will also be explored (e.g., ensuring
protection of the City's unique historic properties and facilitating compliance with the General Plan
and CEQA).
The third work study session, with the community, will present an overview of the Final
Administrative Draft ordinance. To streamline project costs, this session will make use of the
PowerPoint presentation prepared for the Final Administrative Draft; as referenced in Task 3, this
PowerPoint will also be used at the Planning Commission and City Council hearings.
This task covers up to three (3) work study sessions (estimated to run between 1 to 2 hours per
session, in person). It is assumed that the City would handle the notification and announcements
to the public of this and any other workshop or public outreach meeting and would provide
meeting location and any materials to record community member feedback (such as easels,
markers, or other materials).
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Task Deliverables: One informational PowerPoint presentation on preservation ordinances
Task Meetings: Three in-person work study sessions
Protect Assumptions and Exclusions
This section describes our assumptions on the meetings required for this scope of work. Should
additional meetings be needed, Chattel staff time will be billed on a time and materials basis
according to our contract rates.
General Exclusions
This scope of work does not include provisions for paleontogical resources; pursuant to
CEQA Guidelines, this issue area was moved from cultural resources to geology and soils
in 2018.
This scope does not include updates or modifications to existing Design Standards
though our work may result in the recommendation of certain changes to the Design
Standards); should this scope be required, Chattel would be pleased to provide a
separate proposal and cost..
Task 1 (Project Initiation and Literature Review):
This task include one (1) in-person meeting and one (1)virtual meeting with City staff
upon project initiation and completion of the ordinance outline) and one (1) in-person
meeting with representatives of OTPA and OLA.
It is assumed that the City will arrange and provide a meeting location for in-person
meetings under this task.
Task 2 (Draft/Final Historic Preservation Ordinance)
This task includes two (2) in-person meetings and one (1)virtual meeting with City staff.
Task 3 (DRC, Planning Commission, and City Council Hearings and Finalization)
This task includes in-person attendance at five (5) hearings.
Task 4 (Community and Decision-Maker Outreach and Work Study Sessions)
This task includes three (3) in-person work study sessions.
It is assumed that the City will arrange and provide meeting locations for the work study
sessions under this task.
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Cost Estimate
The following not-to-exceed total for this scope of work is based on a careful consideration of the attendant labor and direct costs. Chattel
reserves the right to reallocate funds between tasks as needed.
Chattel I City of Orange Principal / Principal Associates Total Staff . Task Cost
Historic Preservation Ordinance Cost Estimate Preservation Associates Hours
Architect
198 158 100
1. Project Initiation Meeting and Literature Review
1A. Recommended Outline of Historic Preservation 2 13 2 17 2,650
Ordinance
1 B. Two (2) meetings with City staff upon project 2 15 15 32 4,266
initiation and completion of the outline; one (1)
meeting with representatives of OTPA and OLA
2. Draft/Final Historic Preservation Ordinance
2A. First Administrative Draft; Second Administrative 8 84 80 172 22,856
Draft; Final Administrative Draft (for internal review)
28. Two (2) in-person meetings, one (1)virtual meeting 3 12 12 27 3,690
with City staff
3. Commission/City Council Hearings and Finalization
3A. Final Administrative Draft; Final Ordinance; Two (2) 3 29 15 47 6,676
PowerPoint presentations
3B. Up to five (5) in-person hearings total 3 25 25 53 7,044
4. Community and Decision-Maker Outreach and Work Study Sessions
4A. One informational PowerPoint presentation 1 6 4 11 1,546
4B. Three (3)work study sessions 2 15 15 32 4,266
Labor Subtotal: 24 199 168 391 52,994
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Chattel I City of Orange Principal / Principal Associates Total Staff Task Cost
Historic Preservation Ordinance Cost Estimate Preservation Associates Hours
Architect
198 158 100
Direct Costs (Mileage, $0.70 per mile, assumes 12 in- 840
person meetings/hearings, 100 miles per meeting/hearing)
Subconsultant Scope of Work: 10,855
PAR Environmental Consultants For input by PAR on Tasks 1 through 3)
Archaeological and Tribal Cultural Resources
Consulting Support
Subconsultant Management Support (15 percent) 1,628
TOTAL NOT-TO-EXCEED COST: 66,317
A Assumptions: Tasks include budget for project
management
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Project Cost Estimate
We propose to work on a time and materials basis, at our reduced municipal rates, for a total not-
to-exceed $66,317.
This amount includes input for the archaeological and Tribal Cultural Resources provisions in the
ordinance by our subconsultant, PAR; this task totals $10,855, with a 15 percent subconsultant
management support fee totaling $1,628.
As Chattel reimburses employees for mileage at the 2025 federal standard of$0.70, we would
seek reimbursement for mileage at this rate (this direct cost is included in the total above). 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.
Point of contact for this task order would be preservation planner and architectural historian Debi
Howell-Ardila, Principal Associate. Architectural historian and historic architect Robert Chattel
would be principal-in-charge and other senior staff and associates are available for project
assistance, peer review, and additional subject expertise as necessary.
Name Title/Area of Expertise Hourly Rate Reduced Rate
Robert Chattel Principal 378 198
Alvin-Christian Nuval Principal Associate 498 158
Debi Howell-Ardila Principal Associate 498 158
Leslie Neumann Principal Associate 498 158
Christine di lorio Principal Associate 498 158
Nels Youngborg Senior Associate 468 100
August Phillips Associate III 158 100
TBD Associate II 1-38 100
TBD Associate I 118 100
TBD Office Manager 78 60
Thomas Chandler Intern 58 40
This proposal is valid for thirty (30) days. The terms of our existing on-call contract with the City
would apply to this task order.
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:
obert Jaye . el/IA, President
California A r tec icense No. C27398
Architects are licensed and regulated by the California Architects Board located at
2420 Del Paso Road, Suite 105, Sacramento, CA 95834