FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[Historic Preservation Consulting Services]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and CHATTEL, INC., a California corporation (“Contractor”), with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7351) dated March 21, 202 2, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.
Section 3 Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FORTY-FIVE THOUSAND DOLLARS and 00/100 ($ 45,000.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($75,000.00) without the prior written authorization of City.”
Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original
2 Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
CHATTEL, INC., a California corporation CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Robert Jay Chattel Daniel R. Slater, Mayor Title: President and Sole Director
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM
Mary E. Binning, City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (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 the City.
√
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
May 31, 2023
VIA E-MAIL ([email protected])
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 additional historic preservation consulting services. Chattel has been engaged by the City as extension of staff under the current agreement since March 21, 2022 and has been providing general support to the Community Development Department for design review and the Mills Act program. As of May 2023, Chattel is close to meeting the full budget from the original agreement. We understand that the City would like to continue engaging Chattel for historic preservation consulting services for both the Community Development Department and the Community Services Department.
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, West Hollywood, and 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 recently 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 Ms. Anna Pehoushek
May 31, 2023
Santa Ana, Chattel has been providing 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 continue to 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 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 prepare follow-up compliance letters, including inspection reports summarizing observations, recommendations, and conditions for approval, as appropriate.
Community Services Department: Plaza Park Fountain Repair
Chattel had been working with the City on safety improvements at Plaza Park, including installation of new bollards, to reduce vehicle traffic through the park. After the recent destruction of a portion of the park fountain from an automobile collision, Chattel has been advising the Community Services Department on repair of the fountain and was asked to engage a conservator as sub-contractor to provide additional review and recommendations for treatments to existing tile and cast iron fountain. Chattel has solicited proposals from two conservators and would provide additional oversight for the fountain repair.
As part of the scope of services, the conservator would conduct testing, advise on appropriate treatments, provide specifications for conservation of the existing tile and cast iron fountain, and provide a plan for regular maintenance of these items. The two proposals from the tile conservators are attached to this proposal.
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. For Mills Act inspections, Chattel would provide one day of inspections in Orange every two months, with time scheduled for meetings and research at City Hall, 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
Project costs are difficult to estimate. Therefore, we propose to work on a time and materials basis, at our reduced municipal rates and according to the cost estimate below.
Ms. Anna Pehoushek
May 31, 2023
Department Scope Cost
Community Development General Services and Mills Act
- Note that each Mills Act
periodic inspection is
estimated at $1,380 per
property; number of Mills Act
inspections completed under
this amendment to be
finalized with the City
$30,000
Community Services Plaza Park Fountain Repair
- Includes conservator scope
of services and Chattel
oversight and review
$15,000
Total $45,000
As Chattel reimburses employees for mileage at the 2023 federal standard of $0.655, 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 architectural historian Nels Youngborg, Senior Associate, supported by planner Alvin-Christian Nuval, Associate III. 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/Preservation
Architect
$360 $190
Leslie Heumann Principal Associate $180 $150
Christi di Iorio Principal Associate $180 $150
Susan O’Carroll, Ph.D. Consulting Principal
Associate
$180 $150
Nels Youngborg Senior Associate $150 $95
Alvin-Christian Nuval Associate III $140 $95
TBD Associate II $120 $95
Hannah Phillips Associate I $100 $95
TBD Office Manager $60 $60
Leilani Commons Intern $40 $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 Consultant 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.
Ms. Anna Pehoushek
May 31, 2023
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 this 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.
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.
Ms. Anna Pehoushek
May 31, 2023
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 _______________, 2023
Owner: _____________________________________
By: ___________________________
(Signature)
Name: ___________________________ Its: ___________________________ (Print Name) (Title)
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 30 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.
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.
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.
SUSAN O’CARROLL, Ph.D.
Consulting Principal Associate / Planner
Susan O’Carroll has over 25 years of planning experience, and for the last 20 has worked as a California Environmental Quality Act (CEQA) specialist managing preparation of Environmental Impact Reports (EIRs), Negative Declarations, and environmental document critiques. Susan has managed preparation of over twenty EIRs, and numerous Negative Declaration and Mitigated Negative Declaration documents. She is experienced in preparing EIRs for controversial projects and for projects where development and evaluation of a range of alternatives is key to clarifying environmental issues facing decision-makers. Examples of such projects include Central Area New Learning Center #1 (Ambassador Hotel site, cultural resources section) for Los Angeles Unified School District and the Rancho Malibu Hotel project in the City of Malibu. Susan managed preparation of a focused EIR for a highly controversial project in the City of Beverly Hills, the Chateau Arnaz project, which dealt both with historic issues and the development of alternatives.
She also contributes to projects involving formulation of preservation policy: for the City of Carmel, she participated in drafting the historic preservation ordinance; and for Mare Island in Vallejo, she helped prepare Historic Resources Project Guidelines. Susan holds Ph.D. and M.Pl. degrees in Urban and Regional Planning from USC and a B.A. in Experimental Psychology from UC Santa Barbara. She has provided customized CEQA training for cities of Beverly Hills, Los Angeles, Santa Clarita and Santa Paula, as well as for the Planner’s Institute. She served for seven years as part-time faculty for Schools of Public Administration and Urban and Regional Planning at USC where she taught courses on policy analysis, urban economics, transportation planning, and urban studies. Susan also served as Adjunct Faculty for Troy State University’s Master of Public Administration Program in the Pacific Theater, where she taught Intergovernmental Relations, Research Methods and Economics for Public Administrators.
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 Environmental 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 Historic Preservation Act (NHPA), and compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
ALVIN-CHRISTIAN NUVAL
Associate III / 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 APIA 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 in Laguna Beach on 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.
CHATTEL INC. | HISTORIC PRESERVATION CONSULTANTS
HANNAH PHILLIPS
Associate I / Architectural Historian
Hannah 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, Hannah 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. Hannah’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. Hannah recently joined Chattel as an Associate I.
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1 PROPOSAL FOR CONSERVATION
CITY OF ORANGE – PLAZA SQUARE FOUNTAIN
Prepared for: Alvin-Christian Nuval, Associate III
Chattel, Inc. | Historic Preservation Consultants
13417 Ventura Blvd
Sherman Oaks, CA 91423-3938
office: 818-788-7954 x3
[email protected]
Conservators: Christina Varvi, Co-Chief Conservator
[email protected]
Nelson Hallonquist, Director of Operations
[email protected]
Date of Assessment:
Date of Proposal:
May 22, 2023
May 31, 2023
RLA Conservation, LLC is pleased to submit the following proposal for conservation of an historic tiled and painted cast iron fountain located at the center of Plaza Square in the City of Orange, CA. The fountain was assessed by RLA President and Co-Chief Conservator Christina Varvi on May 22nd, assisted by City of Orange Senior Project/Landscape Coordinator, Nathan Bluhm.
Record images are included in this proposal. Additional images were taken during the assessment To access all assessment images, please copy and paste the following Dropbox link into your internet browser:
https://www.dropbox.com/sh/w7pdqtkcfls2ml2/AADxQL8yFdV8CoK0sTm41JDLa?dl=0
Title: Plaza Square Fountain
Date: 1937
Materials:
Dimensions:
Glazed ceramic tile, concrete, cast iron, paint (Tnemec), grout, glass, aluminum
Outer basin: approx. 25’ in diameter
Central Fountain 6’ in diameter x 6.5’ H (including tiled plinth)
DESCRIPTION:
The fountain at the center of Plaza Square consists of a large outer basin at ground level with a central pedestal upon which a smaller fountain basin is installed. The overall configuration of the fountain has been modified several times since its installation in the 1937. However, the majority of its current components are historic. The outer basin consists of poured-in-place concrete clad with glazed ceramic tiles in solid shades of blue, red, orange/terra cotta, and green. The grout has likely been replaced at some point in time, but currently appears to be a mixture of what may be
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2 white epoxy grout with sanded white cementitious grout smoothed over the skyward-facing surfaces. The interior surfaces of the basin have been coated with an unknown light blue colored coating. The coating is thin enough that the original casting/installation date is still visible. The central plinth is also clad with blue, red, and green tile of varying sizes. The smallest tiles are 1” square and encircle the cylindrical plinth. At the outer vertical face of the basin, there is a bronze dedication plaque set within the tile field and secured with hardware. There is also a bronze plaque and engraved granite plaque set within the encircling stained concrete pavers.
Mounted atop this plinth is a painted cast iron pedestal fountain. The paint is glossy white and is monochrome throughout the fountain surface. Mounted to the underside of the upper basin lip are alternating red, white, and blue lightbulbs that encircle the underside of this basin. The bulbs appear to be thick glass and are somewhat pill shaped. The conduit, mounts, and sockets may be painted aluminum. Water appears to emanate from a primary central spout that is encircled by a ring of smaller spouts. Water flows over the upper basin edges and into the larger outer basin. Per the City, the water re-circulates from the smaller upper basin, into the lower basin, and cycles through the plumbing to be pumped up through the smaller basin again. The water is routinely treated with liquid chlorine and dichlor (dichloro-S- Triazinetrione – another type of chlorine) as well as muriatic acid to mitigate development of biological growths and other bacteria from forming. Additionally, a Biodex® brand tile cleaner is also used.
CONDITION:
Part of the outer basin wall and its tiles were damaged when a car left the roadway and struck the fountain. The concrete portion of the wall that is now missing and its tiles will be repaired by McCandless Tile (originally fabricated the fountain) with replica tile fabricated by California Pottery & Tile. However, there are adverse and visually detracting conditions present outside of the accident event that the City would also like to address.
The tile throughout the fountain exhibits varying degrees of mineral deposit accumulation.
Southern California has notoriously hard water. Since the fountain water is re-circulating and not drained and replenished with any set frequency, mineral concentration likely builds up over time as water evaporates, leaving the heavier minerals behind. The concentration of deposits varies depending on location. Tiles above the water line at the interior vertical face of the outer basin exhibit the greatest accumulation of deposits, followed by the north/northeast skyward-facing surfaces of the outer basin due to wind-blown water from the central spouts.
While the tile at the central plinth appears to be in good condition, the extant tile around the cap of the outer basin varies in condition due to its high level of interaction from the general public.
Incised graffiti mars the glaze of multiple tiles. This type of damage cannot be repaired in kind. In- painting can reduce its visually detracting appearance, but it will always be visible to some extent at normal viewing distance (i.e., within 3’). Glaze and clay body losses were also noted and range in size from approximately ¼” in diameter to several inches in diameter. In discussion with the
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3 client, losses greater than 1/3 – ½ of the tile may warrant full removal and replacement of the tile in kind due to the excessive extent of damage. Repair attempts have occurred at some of these larger losses, including white cementitious material or straight grout. The grout throughout the outer fountain basin is in fair to good condition. What appears to be epoxy modified grout at the vertical surfaces appears intact with no cracking or separation occurring at the joins with the tiles.
The grout at the skyward facing surfaces is in varied condition. It appears as though sanded white cementitious grout has been added in these areas. The grout is soiled, cracking, and in some areas missing.
The light blue liner of the interior basin largely appears to be intact. It has discolored over time, likely due to prolonged chemical exposure, abrasion, UV, etc. Due to the accident, there is a sizable amount of dirt and small debris throughout the basin. There do appear to be hairline cracks radiating from the central plinth/pedestal to the outer edge of the basin. City staff indicated that there were no reported leaks or breaches of the basin seal prior to the accident. At a minimum, the liner will need patching to blend in the area of wall repair after it has been reconstructed and re- tiled.
According to the City, the central fountain element is in good working order. It is unknown if all of the lights are operating as they should. City staff also indicated that the fountain basin has been repainted several times. It is unclear if the same Tnemec® products have been used during subsequent re-paintings after the fountain was stripped to bare metal, primed and painted during the last major fountain renovation. On the undersides of the smaller upper basin, the paint is very glossy and the texture is thick and not homogenous throughout. Orange corrosion products are visible throughout the cast iron pedestal and outer edges of its basin. There are also gray mineral deposit build-ups on the pedestal. The layers of overpaint must be removed to address the underlying corrosion as well as ensure the cast decorative schemes on the pedestal are not obscured or diminished by applying additional thick layers of overpaint.
SELECT CONDITION IMAGES:
Overview of fountain basin with area of repair from car impact.
Overview of central painted cast iron pedestal fountain and tiled plinth.
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4 Detail of deteriorated light blue fountain lining with basin crack. Engraved date of fabrication is to be retained and remain legible following treatment.
Detail of mineral deposits, tile losses, and grout
deterioration at skyward-facing tiles of outer basin.
Detail of extensive mineral deposits at interior vertical face of basin tiles.
Detail of incised graffiti in tile glaze, soiling, grout deterioration, and small losses throughout the tile glaze.
Detail of representative tile and grout damage. Detail of ferrous corrosion and mineral deposits.
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5 TREATMENT OBJECTIVE: To remove existing coatings on the fountain and replace with an industrial- grade coating system, as well as clean and mitigate mineral deposit build-up, graffiti and deteriorating grout at the extant outer basin tiles.
PROPOSED TREATMENT:
1. Document each phase with a written report and high-resolution digital images before, during, and after. Provide Dropbox links to all Phase I and Phase II images. For the final report, provide recommendations for ongoing maintenance, including methods, products, and frequency.
2. Phase I – Testing & Mock-Ups:
a. Document all testing and mock-ups with high-resolution digital photographs and a written report. Provide a Dropbox link to all testing and mock-up images. If necessary based on results of testing and mock-ups, revise proposal to reflect any changes to scope and associated costs.
b. Test proprietary masonry cleaners for general surface cleaning to remove dirt, grime, and micro biological growths.
c. Test proprietary cleaners for glazed ceramic tile as well as IBIX® system with calcium carbonate media utilized at low BAR for mineral deposit removal. d. Remove deteriorating grout in select area and provide mock-up of new white, sanded grout.
e. Mock-up in-painting incised graffiti and glaze chip losses (i.e., too small to warrant fills) with a conservation-grade paint system and varnish that are rated for outdoor use.
i. Note: It is not possible to repair ceramic glaze in kind. In-painting will help make the incised marks less noticeable, but they will still be visible within normal viewing distance (approximately 3’).
f. Mock-up filling losses with a conservation-grade patching mortar that is compatible with ceramic substrates. Shape and smooth fill to blend with adjacent surfaces. i. In-paint fills with a conservation-grade paint system and varnish that are rated for outdoor use.
ii. Work with client to identify and quantify which tiles are so damaged that they should be removed and replaced in kind by McCandless Tile. g. Test efficiency of IBIX® system for removal of the blue liner. i. Because the IBIX® system has a small nozzle, it may not be the most efficient means of removing this coating. It may make more sense to only use this more sensitive means of removal on and immediately around the engraved date of fabrication. If so, we will include an estimate in the updated proposal for sandblasting the liner by a commercial company under the conservator’s supervision.
Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com
6 ii. Research new replacement liner coating that will not be too bulky and mock-up proposed material.
h. Quantify cracks at interior basin and sound to determine if there is any delamination. Propose methodology for filling/stabilizing cracks or any noted areas of delamination.
i. Test IBIX® system and paint strippers for removal of coating on cast iron. i. Test pedestal, electrical area, and fountain works at top to ensure that all areas can be successfully accessed without damaging any electrical or fountain works components.
j. Obtain drawdowns from Tnemec for white glossy paint from Tnemec®. Standard white will be selected unless color matching to the base/original layer or a previous color swatch or formula is required by the client, which would be billed at an additional cost.
i. A physical mock-up of the paint/color will not be performed on the fountain itself.
ii. The client must submit written approval of the color before RLA will order the material for Phase II.
3. Phase II - Treatment:
a. Document the treatment with a written report and high-resolution digital photographs. Provide a Dropbox link to all treatment images as well as recommendations for ongoing maintenance.
b. Protect surrounding pavers with ram board and plastic sheeting as necessary. c. Depending on results of testing, remove existing blue liner coating from within pool basin and dispose of all debris in accordance with all applicable guidelines. d. Perform coating removal throughout the cast iron basin according to protocols set during the mock-up phase (i.e., either abrasive cleaning and/or chemical stripping). i. Prior to coating removal, remove glass lightbulbs and tape off/protect electrical sockets and fountain works at top of basin.
1. Remove mineral deposits from light bulbs and apply sacrificial wax coating over glass to help mitigate build-up of future deposits. ii. Once areas have been stripped, coat exposed metal with an industrial- grade, zinc-rich primer via brush or HVLP spray depending on accessibility. iii. Once cured, apply an epoxy inter layer over all surfaces. iv. Apply at least two (2) coats of selected white topcoat per the manufacturer’s specifications.
v. Please allow paint to fully cure for at least two (2) weeks before resuming fountain usage.
e. Perform general cleaning and mineral deposit removal at the outer basin, central plinth tiles, embedded engraved granite plaques, and grout according to protocols set during mock-up phase.
Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com
7 f. Rake/remove identified/localized areas of deteriorating grout to sound material and repoint with grout selected/approved during mock-ups. Full re-point is not included.
g. Patch tile losses with approved, conservation-grade patching material that is compatible with ceramic substrates.
h. In-paint incised graffiti and fills with approved conservation-grade paint system and varnish.
i. Note: It is not possible to repair ceramic glaze in kind. In-painting will help make the incised marks less noticeable, but they will still be visible within normal viewing distance (approximately 3’).
i. If necessary, route and fill/stabilize cracks in basin. Smooth fill material to be flush with adjacent surfaces.
j. Apply approved basin liner coating to interior basin surfaces per the manufacturer’s specifications.
i. Prior to application, apply surface protection over treated tile surfaces at central pedestal and interior vertical tiles.
k. Clean applied bronze dedication plaques with conservation-grade detergent. i. Mitigate any corrosion and degrease surfaces with organic solvent. ii. Warm plaque surfaces with a small propane torch and apply a hot wax coating developed by the Getty Conservation Institute to withstand high heat and UV environments. Allow surface to cool and buff. iii. Apply two (2) sacrificial coats of cold carnauba-based paste wax. Allow wax to dry after each coat and buff to appropriate sheen.
ESTIMATED COSTS:
Costs are inclusive of labor, documentation, materials, equipment, and access. RLA assumes that water hook-ups and electricity will be available within 100’ of the fountain and that parking for at least one (1) vehicle will be provided within close proximity to the site. Due to the method of coating removal and re- application, we recommend that the City add a windscreen to the encircling security fencing to assist with dust control. Cost of a windscreen is not included. Costs are not at prevailing wage rates and do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, glazes, grout, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick- off. Replication, removal and replacement, as well as re-setting and grouting replacement tiles to be performed by McCandless Tile and is excluded from our scope. Scope of work/costs do not include any plumbing, electrical, or other components that relate to fountain functionality/operation. Scope of work/costs do not include any other sealing aside from re-application of the interior basin liner.
Scope of work and costs for Phase II are estimated and may change pending the results of testing and mock- ups in Phase I. Once Phase I is complete, RLA will provide an updated proposal as needed.
Phase 1 – Testing & Mock-Ups: $ 11,100.00
Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com
8 Phase 2 – Treatment: $ 68,950.00
Total Estimated Costs: $ 80.050.00
Thank you for the opportunity to care for your collection. Please do not hesitate to contact us with any further questions.
Prepared by:
________________________________ _______________________________ Christina Varvi Co-Chief Conservator Nelson Hallonquist, Director of Operations
Accepted by:
(sign name) (print name)
(title & agency) (date)
EXCLUSIONS AND CAVEATS
• This price is valid for a period of 90 days from the date of the proposal. • No work will be performed until a mutually acceptable schedule for work and payment is agreed upon. • Costs are NOT based on Davis Bacon, Service Contract Act or any other legally mandated prevailing wage rates beyond minimum wage. If prevailing wage compliance is required, we reserve the right to modify our proposal accordingly.
• We require clear access to the worksite in an uninterrupted schedule during daytime work hours, Monday through Friday, unless other arrangements are made. • We will require access to water and electricity within 100 feet of the work site. • We will require access to free parking for at least one vehicle in close proximity to the worksite. • We will require access to bathrooms at the worksite.
• Non-toxic trash will be deposited into dumpsters provided by client unless otherwise arranged. • This price does not include any special insurance, permits, licenses, or bonds. • Notwithstanding anything in the proposal/agreement to the contrary, any material or equipment prices provided herein are only applicable to work performed in the next 90 days. After this period, material
Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 4728 NE Miami Place • Miami, FL 33137
323.377.8425 • 305.573.7011
http://rlaconservation.com
9 and equipment prices will be subject to further increases due to any shortages, unavailability or increases in market pricing from any cause whatsoever except to the extent caused by RLA. If, during the performance of the proposal/agreement, any material or equipment price increases, the price shall be increased by an amount necessary to cover such price increases. Where the delivery of material or equipment is delayed, through no fault of RLA, RLA shall not be responsible for any additional costs or damages associated with such delays.
• RLA shall not be considered in default because of any failure to perform the above scope of work under its terms if the failure arises from causes beyond the control and without the fault or negligence of RLA.
Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, (9) earthquakes, and (10) unusually severe weather. In each instance, if RLA determines that any failure to perform would result from one or more of the causes above, the delivery schedule shall be revised.
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