Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutFD Garden and Signage Design ServicesAGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
APRYL UNCAPHER DBA NATIVE WATER SYSTEMS
FOR GARDEN AND SIGNAGE DESIGN SERVICES
This Agreement is made and entered into as of Dec 10, 2024 (the "Effective
Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and APRYL UNCAPHER DBA NATIVE WATER SYSTEMS, a California
Sole Proprietorship (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred
to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal, dated October 15, 2024 ("Proposal") set forth
in Exhibit A which constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT's complete performance of Services, CITY shall pay
CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed
Rev 08 22
$24,000.
CONSULTANT will bill City for Services provided by CONSULTANT, subject to
verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of
invoice.
TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently
modified by a written amendment to this Agreement, the term of this Agreement shall begin on
the Effective Date of this Agreement and terminate on November 1, 2025.
4. PROJECT COORDINATION.
A. CITY'S Project Manager. Calvin Schrader is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONSULTANT'S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Apryl Uncapher is hereby designated as the PROJECT
DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT
shall notify the CITY within ten (10) business days of the substitution.
TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONSULTANT and any and all of CONSULTANT's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
v 08 22
OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its perfonnance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, CONSULTANT
shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by
CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the
"City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and
fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT'S performance of or operations under this Agreement,
voszz 3
CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
v 08 22 4
14. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
To CITY's Project Manager:
Calvin Schrader, Vegetation Management
Specialist
1400 Fifth Avenue
San Rafael, CA 94901
15. INDEPENDENT CONTRACTOR.
To CONSULTANT's Project Director:
Apryl Uncapher
120 Marin View Avenue
Mill Valley CA 94941
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terns and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
X0822
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONSULTANT has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one document.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
X0822 6
[Signatures are on the following page.]
v0822
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
Cristine Ali Iovich (Dec 10,202423:02 PST)
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
R'4 -Ht P 4a6tr L
Robert F Epstein (Dec AL, 202410:05 PST)
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
FY2hha Nwwti (fog)
Brenna Nurmi (for) (Dec 11, 2024 07'.38 PST)
LINDSAY LARA, City Clerk
X0822 8
CONSULTANT:
=-
LON
Name: Apryl Uncapher
Title: Founder, Native Water Systems
[If CONSULTANT is a corporation, add
signature of second corporate officer]
By:
Name:
Title:
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully
described in CONSULTANT's proposal, which is attached to this Exhibit A.
Rev 08 22 A-1
NATIVE WATER SYSTEMS
Apryl Uncapher
120 Marin View Avenue
Mill Valley, CA 94941
(415) 215-8312
Apryl@nativewatersystems.com
October 15, 2024
Calvin Schrader
City of San Rafael
Senior Vegetation Management Specialist
1375 Fifth Avenue
San Rafael, CA 94901
Calvin, SchraderBci yofsanrafael ora
RE: FIRE STATION 55 - Water -wise & Fire -safe; Cool Solutions for Hot Times
Public Service Agreement (PSA) between City of San Rafael & Native Water Systems
Dear Calvin,
Thank you for the opportunity to collaborate with the City of San Rafael on transforming Fire Station 55's
landscape. Together, we have the chance to create a powerful example of how we can not only adapt to
the increasing challenges of drought, fire. flood cycles, but also actively mitigate their intensity by slowing
and spreading their effects.
PROJECT GOALS
Create a fire -safe "learning-scape" integrated with water infiltration systems.
Incorporate low -maintenance hardscapes and native plant pollinator zones
Include space for staff to relax with privacy
Design architectural signage embedded with community -informing and activating graphics
Water plays a crucial role in fire management. Current fire -safe landscaping protocols prioritize plant
removal, which inadvertently dries and heats the soil by removing vital moisture reserves held in root
systems and mycorrhizal connections. Similarly, drought -adaptation guidelines focus on low-water plants,
which also contribute to drier, hotter conditions. The missing link for a wholistic site plan lies in integrating
water infiltration zones. We can then use this bio -infrastructure to create localized hydration hubs that
retain moisture, promote cooler soils, support pollinators, and enhance overall fire safety.
Project Cost Estimate :
NOT TO EXCEED $24,000
Station 55 Project Management $4,000
- Manage budget, timelines, and subcontractors throughout project
- Contribute messaging, programming, and community connection opportunities as needed
Station 55 Landscape Design Services $8,000
- Produce 2 concept sketches
- Develop 1 concept with 2 rounds of revisions
Final Drawings, digital, including
- Site Plan L.1
- Grading & Drainage L.2
- Erosion BMPs L.2.1
- Planting L.3
- Irrigation LA
- Design details as needed
Post -project maintenance checklist and care instructions
Station 55 Signage Design Services $5,000
Produce 2 concept sketches
Develop 1 concept with two graphic styles
Present Final concept
2 rounds of revisions
Final high-quality digital graphics for project use
*B Street community center signage review to ensure consistency
Station 55 Signage Implementation $5,000
- Develop 2 architectural frame options
- Final production of 1 high-quality graphic with steel framing
Project Alteration Contingency $2,000
I specialize in designing systems that not only improve site resilience but also offer engaging, self -guided
learning opportunities for the entire community. Thank you for choosing to model innovative water
infrastructure solutions that enhance fire -safe protocols.
Kindly,
Apryl Uncapher
Founder, Native Water Systems
TERMS AND CONDITIONS
PAYMENT OF FEES
Native Water Systems (Consultant) shall submit invoices each month to City of San Rafael (Client) for
payment of services performed under the scope of this agreement.
Payment is due from Client thirty days upon receipt of invoice. Client shall review such invoices and if
considered incorrect or untimely, Client shall review the matter with Consultant and confirm in writing
within fourteen days from receipt of invoice.
CLIENT RESPONSIBILITIES
Client shall provide clear goals and requirements for the project. Client shall provide timely access and
authorization for use of necessary site documents. Client shall provide prompt notice to Consultant of any
fault or defect in the project or non-compliance with contract documents.
CONSULTANT RESPONSIBILITIES
Consultant shall provide services in a reasonably expedient, professional, and economical manner. Work
under this agreement is considered a service and shall not be construed as goods or products.
Consultant is not responsible for job site safety, completion, or quality of work performed by Client or third
parties not under the direct supervision of Consultant, nor is Consultant responsible for their acts,
omissions, or damages resulting therefrom.' ,
OWNERSHIP AND USE OF CONSULTANT'S DRAWINGS
Drawings, specifications, and other documents prepared by Consultant for this project are instruments of
use solely for this particular project. ,No other,use is authorized under this Agreement. Consultant shall
retain ownership of the documents. Client shall be permitted to retain copies of Consultant's documents
for information and reference in connection with Client's use and occupancy of the project. Client or
others shall not use Consultant's documents on other projects, or additions to this project, without the
written permission of Consultant. Client agrees to defend, indemnify, and hold harmless Consultant
against situations arising out of reuse of the documents without Consultant's consent. Neither Client nor
any other person is authorized to change or modify Consultant's work without written authorization. Client
releases Consultant from liability and agrees to defend, indemnify, and hold harmless Consultant from
any and all liability or damages arising, in whole or in part, from such unauthorized changes or
modifications.
TERMINATION OF SERVICES
This agreement may be terminated by either party at any time and for any reason. In the event of
termination, Client shall pay Consultant for completed services up to the termination date. Consultant will
furnish copies of drawings and other documentation to Client related to services performed up to the
termination date. If Consultant terminates this agreement due to outstanding fees, Consultant is not
required to furnish copies of drawings and other documentation to Client related to services performed up
to the termination date until all outstanding fees have been paid to Consultant.
ACCEPTANCE
Client and Consultant acknowledge that each has read and agrees to the terms and conditions in this
agreement and apply to all services performed by Consultant.
Consultant:
Apryl Uncapher, Native Water Systems
Signature
Arryl ! ncapher
Printed Name
10/15/24
Date
Client:
Calvin Schrader, City of San Rafael
Signature
Printed Name
Date
NATIVE WATER SYSTEMS
Apryl Uncapher
120 Marin View Avenue
Mill Valley, CA 94941
(415) 215-8312
Apryl@nativewatersystems.com
October 17, 2024
Calvin Schrader
City of San Rafael
Senior Vegetation Management Specialist ,
1375 Fifth Avenue
San Rafael, CA 94901
Calvin.Schrader@ci yofsanrafael.org
,tea
RE: FIRE STATION 55 - Water -wise & Fire -safe; Cool Solutions for Hot Times
Public Service Agreement (PSA) addendum:
Hourly Rate
Dear Calvin,
Please see the inclusion of my service fees below.
11 . </ f
NATIVE WATER SYSTEMS SERVICE FEES
DESIGN & MANAGEMENT
Founder, Apryl Uncapher $150/hr
Consultants: $100-200/hr
Thank you again for this exciting opportunity!
0-3
Kindly,
C*- -
Apryl Uncapher
Founder, Native Water Systems
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. A commercial general liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.
2. Automobile liability. An automobile liability (owned, non -owned, and hired
vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence.
3. Professional liability. If any licensed professional performs any of the
services required to be performed under this Agreement, a professional liability insurance policy in
the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of
services under this Agreement. Where CONSULTANT is a professional not required to have a
professional license, CITY reserves the right to require CONSULTANT to provide professional
liability insurance pursuant to this section.
4. Workers' compensation. If it employs any person, CONSULTANT shall
maintain workers' compensation insurance, as required by the State of California, with statutory
limits, and employer's liability insurance with limits of no less than one million dollars
($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation
insurance shall be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or workers' compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONSULTANT's insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
Rev 0822 B-1
ISO form CG20 0104 13.
3. Except for professional liability insurance or workers' compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. Ifthe insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the Effective Date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
insurance requirements of this Agreement are sufficient to cover the obligations of the
CONSULTANT under this Agreement.
9. CONSULTANT agrees to ensure that subcontractors, and any other party
involved with the Services, who is brought onto or involved in the performance of the Services by
CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT,
except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all
agreements with, and insurance compliance documents provided by, such subcontractors and
others engaged in the performance of Services will be submitted to CITY for review.
10. CONSULTANT agrees to be responsible for ensuring that no contract used
by any party involved in any way with the Services reserves the right to charge CITY or
CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse
any third party for the cost of complying with these requirements. There shall be no recourse
against CITY for payment of premiums or other amounts with respect thereto.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not
reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY
or other additional insured party. At CITY's option, the deductibles or self-insured retentions with
respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall
procure a bond guaranteeing payment of losses and related investigations, claims administration,
attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this
Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy
endorsements for the commercial general liability policy, and (3) excerpts of policy language or
specific endorsements evidencing the other insurance requirements set forth in this Agreement.
CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from
CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it
later. The insurance shall be approved as to form and sufficiency by the CITY.
08 22 B-3
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Fire
Project Manager: Calvin Schrader Extension: 3457
Contractor Name: Native Water Systems
Contractor's Contact: Apryl Uncapher Contact's Email: apryl@nativewatersystems.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
10/16/2024
Attorney c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
and return to Project Manager
10/16/2024
© NT
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Approval of final agreement form to send to
10/16/2024
❑X NT
3
Department Director
10/16/2024
M _QG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
10/16/2024
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑X N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreements to City
6 Project Manager
10/18/2024
CS
Attorney with printed copy of this routing_ form
Review and approve hard copy of signed
7 City Attorney
agreement
[8 1 City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
9 City Manager/ Mayor
Agreement executed by City Council authorized
official
10 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
PSA - Native Water Systems - Garden and
Signage Design Services
Final Audit Report 2024-12-11
Created: 2024-11-01
By: Nataly Torres (nataly.torres@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAO-wAeziACdf9gYkSzWuflkmUIF_5OKKy
"PSA - Native Water Systems - Garden and Signage Design Ser
vices" History
Document created by Nataly Torres (nataly.torres@cityofsanrafael.org)
2024-11-01 - 11:15:19 PM GMT- IP address: 99.145.194.25
P4 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval
2024-11-01 - 11:18:02 PM GMT
Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2024-11-01 - 11:44:24 PM GMT- IP address: 104.47.65.254
'y New document URL requested by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2024-12-10 - 5:42:29 PM GMT- IP address: 199.88.113.8
Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2024-12-10 - 5:43:19 PM GMT- IP address: 104.47.65.254
00 Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Approval Date: 2024-12-10 - 5:48:30 PM GMT - Time Source: server- IP address: 199.88.113.8
E -'y Document emailed to rob.epstein@cityofsanrafael.org for signature
2024-12-10 - 5:48:32 PM GMT
Email viewed by rob.epstein@cityofsanrafael.org
2024-12-10 - 6:05:21 PM GMT- IP address: 24.5.134.43
6o Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein
2024-12-10 - 6:05:34 PM GMT- IP address: 24.5.134.43
6Q Document e -signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org)
Signature Date: 2024-12-10 - 6:05:36 PM GMT - Time Source: server- IP address: 24.5.134.43
QA• SAN RAFAEL AdobP—eree
" ""`' Acrobat Sign
E'y Document emailed to city.clerk@cityofsanrafael.org for approval
2024-12-10 - 6:05:38 PM GMT
Email viewed by city.clerk@cityofsanrafael.org
2024-12-10 - 6:06:09 PM GMT- IP address: 104.47.64.254
60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi
2024-12-10 - 6:06:18 PM GMT- IP address: 199.88.113.8
6o Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org)
Approval Date: 2024-12-10 - 6:06:20 PM GMT -Time Source: server- IP address: 199.88.113.8
-► Document emailed to cristine.alilovich@cityofsanrafael.org for signature
2024-12-10 - 6:06:22 PM GMT
Email viewed by cristine.alilovich@cityofsanrafael.org
2024-12-11 - 7:02:21 AM GMT- IP address: 104.47.64.254
&o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich
2024-12-11 - 7:02:36 AM GMT- IP address: 71.198.110.147
do Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org)
Signature Date: 2024-12-11 - 7:02:38 AM GMT - Time Source: server- IP address: 71.198.110.147
'y Document emailed to city.clerk@cityofsanrafael.org for signature
2024-12-11 - 7:02:40 AM GMT
Email viewed by city.clerk@cityofsanrafael.org
2024-12-11 - 3:38:40 PM GMT- IP address: 104.47.65.254
6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for)
2024-12-11 - 3:38:52 PM GMT- IP address: 199.88.113.8
60 Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org)
Signature Date: 2024-12-11 - 3:38:54 PM GMT - Time Source: server- IP address: 199.88.113.8
Agreement completed.
2024-12-11 - 3:38:54 PM GMT
i
A
SN RAFAEL Powered by
�R> Adobe
Acrobat Sign