HomeMy WebLinkAboutCO 2025-102 - BMLA Landscape Architecture
CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT
CONTRACT
BMLA LANDSCAPE ARCHITECTURE
FOR
LANDSCAPE AND ARCHITECTURAL
DESIGN SERVICES FOR THE RED
HILL LAKE BEAUTIFICATION
PROJECT
AWARD DATE:
August 7, 2025
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AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this August 6, 2025, by and
between the City of Rancho Cucamonga, a municipal corporation (“City”) and BMLA
Landscape Architecture, a landscape architecture company (“Consultant”).
RECITALS
A. City has heretofore issued its request for proposals to perform the following design
professional services: landscape architectural design services for the Red Hill Park
Beautification project (“the Project”).
B. Consultant has submitted a proposal to perform the professional services
described in Recital “A”, above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner set
forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a good
and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions set
forth in this Agreement, City hereby engages Consultant to perform all technical and design
professional services described in Recitals “A” and “B” above, including, but not limited
to provide professional landscape architectural services, all as more fully set forth in the
Consultant’s proposal, dated July 3, 2025 and entitled “Scope of Work”, attached hereto as
Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the
services required to be performed by Consultant are set forth in the Scope of Work and are
referred to herein as “the Services.” In the event of any inconsistencies between the Scope
of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project desired
by the City. Consultant agrees that the Scope of Work may be amended based
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upon said meetings, and, by amendment to this Agreement, the parties may agree on a
revision or revisions to Consultant’s compensation based thereon. A revision pursuant to
this Section that does not increase the total cost payable to Consultant by more than ten
percent (10%) of the total compensation specified in Section 3, may be approved in writing
by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for professional
skill and care, and in accordance with any schedule of performance set forth in the Scope
of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto
as Exhibit “B”.
1.4 Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake
the services to be provided. In light of such status and experience, Consultant hereby
covenants that it shall follow the customary professional standards in performing the
Services.
1.5 Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant
(a) has investigated and considered the scope of services to be performed, (b) has carefully
considered how the services should be performed, and (c) understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement.
Consultant represents that Consultant, to the extent required by the standard of practice,
has investigated any areas of work, as applicable, and is reasonably acquainted with the
conditions therein. Should Consultant discover any latent or unknown conditions, which
will materially affect the performance of services, Consultant shall immediately inform
City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be one (1) year and
shall become effective as of the date of the mutual execution by way of both parties’
signature (the “Effective Date”). No work shall be conducted; service or goods will not be
provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year increments
to a total of three (3) years, unless sooner terminated as provided in Section 14 herein.
Options to renew are contingent upon the City Manager’s approval, subject to pricing
review, and in accordance to all Terms and Conditions stated herein unless otherwise
provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $88,225 (eighty-eight thousand two hundred twenty-five dollars),
including all out of pocket expenses, unless additional compensation is approved by the
City Council. City shall not withhold any federal, state or other taxes, or other deductions.
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However, City shall withhold not more than ten percent (10%) of any invoice amount
pending receipt of any deliverables reflected in such invoice. Under no circumstance shall
Consultant be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to the
City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City’s representative shall be Daniel Akers, Deputy Director of
Public Works, or such other person as designated in writing by the City (“City
Representative”). It shall be Consultant’s responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement,
Steve Shirrel, President, is hereby designated as the principal and representative of
Consultant authorized to act in its behalf with respect to the services specified herein and
make all decisions in connection therewith (“Consultant’s Representative”). It is expressly
understood that the experience, knowledge, capability and reputation of the Consultant’s
Representative were a substantial inducement for City to enter into this Agreement.
Therefore, the Consultant’s Representative shall be responsible during the
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term of this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the services hereunder. Consultant may not change the
Responsible Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under Consultant’s
direct supervision, and all personnel shall possess the qualifications, permits, and licenses
required by State and local law to perform such Services, including, without limitation, a
City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant’s
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant’s failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
6.5 Consultant shall provide the City notice if any of its employees or
its subcontractors and/or subcontractors’ employees that are proposed to provide Services
on any Projects are retirees from or current members of the California Public Employees’
Retirement System (CalPERS). It is City Practice to decline the services of employees of
Contractors who are CalPERS retirees or current members of CalPERS on any Project. In
addition, Consultant’s employees or subcontractors’ employees providing Services on any
Project shall work no more than 960 total hours in a fiscal year (July 1-June 30) combined
for the City and other CalPERS agencies.
6.6 In the event that Consultant or any employee, agent, or
subcontractor of Consultant or the subcontractor’s employee, providing services under this
Contract, is determined by a court of competent jurisdiction or staff of CalPERS, an
Administrative Law Judge or the CalPERS Board of Administration to be eligible for
enrollment as a member in CalPERS as an employee of the City, or by any other state or
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federal agency to be an employee of the City under any circumstances, Consultant shall
indemnify, defend, and hold harmless the City for the payment of any employee and/or
employer contributions demanded by CalPERS, payment of any penalties and interest on
such contributions, as well as payment of any damages, wages, assessments, awards,
judgments or charges incurred in relation thereto, whether awarded by a court,
Administrative law Judge or CalPERS any other state or federal agency, and payment of
reasonable attorneys’ fees incurred by the City in relation thereto.
6.7 Consultant agrees to follow the provisions of the Affordable Care
Act and shall indemnify, defend, and hold harmless the City for the payment of any
Affordable Care Act penalties, fines, damages, assessments, awards, judgments or charges
that the City may incur as a result of Consultant or any employee, agent, subcontractor of
Consultant or subcontractor’s employee providing services under this Contract and
payment of reasonable attorneys’ fees incurred by the City in relation thereto.
6.8 Consultant agrees to follow the provisions of the California Paid
Sick Leave Law (AB 1522) and shall indemnify, defend, and hold harmless the City for
the payment of any related penalties, fines, damages, assessments, awards, judgments or
charges that the City may incur as a result of Consultant or any employee, agent, or
subcontractor of Consultant or subcontractor’s employee providing services under this
Contract and payment of reasonable attorneys’ fees incurred by the City in relation thereto.
6.9 Consultant agrees to follow all applicable provisions of federal,
state and local law, statute and regulation in performance of this Contract as it relates to
employment of employees or otherwise, including but not limited to, the Federal Fair Labor
Standards Act and proper withholding of taxes, and shall indemnify, defend and hold
harmless the City for the payment of penalties, fines, damages, assessments, awards,
judgments or charges that the City may incur as a result of Consultant, or any employee,
agent, or subcontractor of Consultant, or subcontractor’s employee, performing services
under this Contract and payment of reasonable attorneys’ fees in relation thereto.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same (collectively,
“Work Product”), are considered to be “works made for hire” for the benefit of the City.
Upon payment being made, and provided Consultant is not in breach of this Agreement,
all Work Product shall be and remain the property of City without restriction or limitation
upon its use or dissemination by City. Basic survey notes, sketches, charts, computations
and similar data prepared or obtained by Consultant under this Agreement shall, upon
request, be made available to City. None of the Work Product
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shall be the subject of any common law or statutory copyright or copyright application by
Consultant. In the event of the return of any of the Work Product to Consultant or its
representative, Consultant shall be responsible for its safe return to City. Under no
circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings,
reports or specifications to City upon written demand by City for their delivery,
notwithstanding any disputes between Consultant and City concerning payment,
performance of the contract, or otherwise. This covenant shall survive the termination of
this Agreement. City’s reuse of the Work Product for any purpose other than the Project,
shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this
Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the
Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to the
Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law. City
shall be entitled to utilize the Work Product for any and all purposes, including but not
limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and
publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents that
it has secured all necessary licenses, consents or approvals to use any instrumentality, thing
or component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of the Work Product
and/or materials produced under this Agreement, and that City has full legal title to and the
right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold
City, and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials,
harmless from any loss, claim or liability in any way related to a claim that City’s use is
violating federal, state or local laws, or any contractual provisions, relating to trade names,
licenses, franchises, patents or other means of protecting intellectual property rights and/or
interests in products or inventions. Consultant shall bear all costs arising from the use of
patented, copyrighted, trade secret or trademarked documents, materials, software,
equipment, devices or processes used or incorporated in the Services and materials
produced under this Agreement. In the event City’s use of any of the Work Product is held
to constitute an infringement and any use thereof is enjoined, Consultant, at its expense,
shall: (a) secure for City the right to continue using the Work Product by suspension of any
injunction or by procuring a license or licenses for City; or (b) modify the Work Product
so that it becomes non- infringing. This covenant shall survive the termination of this
Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act as an agent of City.
Neither City nor any of its agents shall have control over the conduct of Consultant
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or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its officers, agents or
employees are in any manner employees of City. Consultant shall pay all required taxes on
amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City
harmless from any and all taxes, assessments, penalties, and interest asserted against City
by reason of the independent contractor relationship created by this Agreement. Consultant
shall fully comply with the workers’ compensation law regarding Consultant and
Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants that
all data, documents, discussion, or other information developed or received by Consultant
or provided for performance of this Agreement are confidential and shall not be disclosed
by Consultant without prior written authorization by City. City shall grant such
authorization if applicable law requires disclosure. All City data shall be returned to City
upon the termination of this Agreement. Consultant’s covenant under this Section shall
survive the termination of this Agreement. This provision shall not apply to information in
whatever form that is in the public domain, nor shall it restrict the Consultant from giving
notices required by law or complying with an order to provide information or data when
such an order is issued by a court, administrative agency or other legitimate authority, or if
disclosure is otherwise permitted by law and reasonably necessary for the Consultant to
defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest shall
be employed by it. Furthermore, Consultant shall avoid the appearance of having any
interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant “financially interested” (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or
entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right, at
its sole and absolute discretion, to terminate this Agreement without further liability, or to
deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
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10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if such
interest would not be deemed a prohibited “conflict of interest” under applicable laws as
described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by
law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold
harmless the City, its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents serving as independent contractors
in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature
whatsoever, including fees of accountants and other professionals, and all costs
associated therewith, and reimbursement of attorneys’ fees and costs of defense
(collectively “Claims”), whether actual, alleged or threatened, to the extent arising out of,
pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful
misconduct of the Consultant, and/or its officers, agents, servants, employees,
subcontractors, contractors or their officers, agents, servants or employees (or any entity
or individual for which or whom the Consultant shall bear legal liability) in the
performance of design professional services under this Agreement by a “design
professional,” as the term is defined in California Civil Code § 2782.8(c). The
indemnification obligation herein shall not in any way be limited by the insurance
obligations contained in this Agreement. Notwithstanding the foregoing and as required
by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is
charged to Consultant exceed Consultant’s proportionate percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do
not arise in connection with the performance of professional services by a “design
professional”, as that term is defined in California Civil Code Section 2782.8(c),
including, but not limited to, those claims and liabilities normally covered by commercial
general and/or automobile liability insurance, and to the maximum extent permitted by
law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens,
stop notices, and losses of any nature whatsoever, including fees of accountants,
attorneys and other professionals, and all costs associated therewith, and the payment of
all consequential damages (collectively “Damages”), in law or equity, whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of
Consultant, its officers, agents, servants, employees, subcontractors, materialmen,
suppliers, or contractors, or their officers, agents, servants or employees (or any entity or
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individual for which or whom Consultant shall bear legal liability) in the performance of
this Agreement, except to the extent the Damages arise from the active or sole negligence
or willful misconduct of any of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the Parties. Consultant shall defend the
Indemnitees in any action or actions filed in connection with any Damages with counsel
of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’
fees and experts’ costs as they are actually incurred in connection with such defense.
Consultant shall reimburse the Indemnitees for any and all legal expenses and costs
incurred by the Indemnitees in connection therewith. The indemnification obligation
herein shall not in any way be limited by the insurance obligations contained in this
Agreement.
. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that
they may possess against Consultant because of the acceptance by City, or the deposit
with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
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less than:
(3) Worker’s Compensation insurance as required by the State
of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having an extended reporting period of not less than
three (3) years after completion of the Services which shall
provide protection against claims of professional negligence
arising out of Consultant’s performance of the Services and
otherwise complying with all applicable provisions of this
Section 12. The policy shall be endorsed to include
contractual liability to the extent insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in excess
of the specified limits and coverage required which are
applicable to a given loss, shall be available to the City. No
representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall not reduce the
limits of coverage. City reserves the right to obtain a full certified copy of any required
insurance policy and endorsements.
12.5 Other Insurance Provisions.
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(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a separate
additionally insured endorsement naming the City, its
officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of City
officials as additional insureds as respects: liability arising
out of activities performed by or on behalf of Consultant;
products and completed operations of Consultant; premises
owned, occupied or used by Consultant; and/or automobiles
owned, leased, hired or borrowed by Consultant. The
coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees,
designated volunteers or agents serving as independent
contractors in the role of City officials which are not also
limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of
City or officials. Any insurance or self- insurance
maintained by City, its officers, officials, employees,
designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of
Consultant’s insurance and shall not contribute with it.
(3) Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
(4) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled except
after 30 days prior written notice by first class mail has been
given to City (ten (10) days prior written notice for non-
payment of premium). Consultant shall provide thirty
(30) days written notice to City prior to implementation of a
reduction of limits or material change of insurance coverage
as specified herein.
(5) Each insurance policy, required by this clause shall
expressly waive the insurer’s right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
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(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
breaches of warranty, shall not affect the coverage required to
be provided.
(8) Each policy shall specify that any and all costs of adjusting
and/or defending any claim against any insured, including
court costs and attorneys' fees, shall be paid in addition to and
shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s),
(2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements shall
be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All
endorsements or policies shall be received and approved by the City before Consultant
commences performance. If performance of this Agreement shall extend beyond one year,
Consultant shall provide City with the required policies or endorsements evidencing
renewal of the required policies of insurance prior to the expiration of any required policies
of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of this
Agreement including the indemnity and insurance requirements to the extent they apply to
the scope of any such subcontractor’s work. Contractor shall require its subcontractors to
be bound to Contractor and City in the same manner and to the same extent as Contractor
is bound to City pursuant to this Agreement, and to require each of its subcontractors to
include these same provisions in its contract with any sub- subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might
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require. City shall compensate Consultant for any litigation support services in an amount
to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to Consultant.
In the event City exercises its right to terminate this Agreement, City shall pay Consultant
for any services satisfactorily rendered prior to the effective date of the termination,
provided Consultant is not then in breach of this Agreement. Consultant shall have no other
claim against City by reason of such termination, including any claim for compensation.
City may terminate for cause following a default remaining uncured more than five (5)
business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business
days prior written notice for any of the following: (1) uncured breach by the City of any
material term of this Agreement, including but not limited to Payment Terms; (2) material
changes in the conditions under which this Agreement was entered into, coupled with the
failure of the parties to reach accord on the fees and charges for any Additional Services
required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Consultant’s and City’s regular
business hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses set forth in this Section, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this
Section.
All notices shall be addressed as follows: If
to City: Daniel Akers
City of Rancho Cucamonga – Public
Works Services Department
8794 Lion St.
Rancho Cucamonga, CA 91730
If to Consultant: Steve Shirrel
BMLA Landscape Architecture
310 North Joy Street
Corona, CA 92879
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
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17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant’s
obligations hereunder without City’s prior written consent. Except as provided herein, any
attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Consultant
performs the Services. Consultant is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing
Wage Laws. The applicable prevailing wage rate determinations can be found at
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant’s principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its
costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance
of this Agreement shall be controlled by and construed under the laws of the State of
California. Venue for any action relating to this Agreement shall be in the San Bernardino
County Superior Court.
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23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement shall
not be resolved by any rules of interpretation providing for interpretation against the party
who causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
BMLA Landscape Architecture
By:
Name Date
Title
City of Rancho Cucamonga
By:
Name Date
Title
By:
Name Date
Title
City of Rancho Cucamonga
By:
Name Date
Title
(two signatures required if corporation)
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Treasurer
President
8/7/2025 | 3:38 PM PDT
Director of Public Works
8/11/2025 | 10:12 AM PDT
City Manager
8/19/2025 | 5:00 PM PDT
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Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will
look identical to this Sample)
The City of Rancho Cucamonga, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or
officials.
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Attachment B – Sample Additional Insured for Ongoing Projects
The City of Rancho Cucamonga, its
officers, officials, employees,
designated volunteers and agents
serving as independent contractors
in the role of City or officials.
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Attachment C – Sample Additional Insured for Completed Projects
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Exhibit A – BMLA Landscape Architecture Proposal Dated July 3, 2025
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July 3, 2025
City of Rancho Cucamonga
Public Works Services Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attention: Daniel Akers, Deputy Director of Public Works
The following is a proposal to provide professional landscape architectural services for the Red Hill
Park Beautification project in the City of Rancho Cucamonga, California. This proposal is based on or
latest team meeting, the conceptual landscape plans with water feature studies and community input.
This proposal is limited to the following scope areas:
1 Landscape Construction Documents
2 Civil Engineering
3 Electrical Engineering
4 Water Feature Engineering
5 Bid Documents and Engineers Estimate
6 Construction Administration
THE PROJECT TEAM
The Client:
City of Rancho Cucamonga
Public Works Services Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attention: Daniel Akers, Deputy Director of Public Works
Landscape Architect:
BMLA, INC.
310 North Joy Street
Corona, CA 92879
Contact: Steve Shirrel PLA #5062
Civil Engineer:
NA Civil, Inc.
22672 Lambert Street, Suite 606
Lake Forest, CA 92630
Contact: George Ayoub
Electrical Engineer:
JCA Engineering, Inc.
8048 Palm Avenue
Highland, CA 92346
Contact: James Corns
Water Feature Engineer:
Aquatic Design Group
2226 Faraday Avenue
Carlsbad, CA 92008
Contact: Scott Palmer
SCOPE OF WORK
Upon the delivery of a signed copy of this proposal or other contract forms with this scope and
conditions attached as an exhibit, the LANDSCAPE ARCHITECT and his staff shall proceed with the
following scope.
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A. PROJECT INITIATION
1.1 Kickoff meeting: BMLA will be available to attend a project kick-off meeting with the CLIENT to
review the goals and objectives, as well as define schedules and milestones for the project.
We have allotted 2 hours for this activity. Time in addition to this amount will be billed at the
prevailing hourly rate chart attached to this proposal.
1.2 Preliminary Site Investigation: BMLA will visit and evaluate existing site conditions including but
not limited to landscape, grading/drainage, existing irrigation equipment, utilities, etc. The element
of the proposed scope is necessary to establish the opportunities and constraints for the project.
Deliverables: Project
1.3 Preliminary Data Research: Review data in the form of maps, reports and legal documents
provided by the CLIENT. Said documents may include topographical maps, street improvement
plans, utility easement and right of ways, specific and general plans.
B. CONSTRUCTION DOCUMENTS
BMLA will prepare the following plans, details, specifications for the following scope of work. The
documents will be prepared to meet the minimum standards of the approving jurisdiction having
control over the project in accordance with the state and local standards, codes and regulations.
1.1 Demolition plans: BMLA will prepare detailed demolition plans that illustrate and specify the
location of existing features that are proposed to be removed, modified and or protected. The
plans may include items such as but not limited to turf, irrigation, shrubs, trees, signs, benched,
flat work, garden walls, patios, sidewalks, paths, fencing, trellises, screens, etc. Construction
features such as gas, electrical, storm drain and water lines, shall be addressed on the civil
engineer’s plans.
1.2 Hardscape Layout Plans: BMLA will prepare detailed layout plans that illustrate and specify the
location, type and quantity of the proposed hardscape elements, such as but not limited benches,
tables, and other site amenities around the perimeter of the water feature.
1.3 Sewer Plan (NA Civil): Prepare a detailed sanitary sewer design for the sewer laterals from the
building to the nearest sewer point-of-connection to the lot. The downstream sewer main is
assumed to be adequately sized for the discharge from all proposed structures. All sewer lines
will be shown to 5 feet outside buildings.
1.4 Domestic Water Plan (NA Civil): Prepare a detailed plan of on-site final domestic water design.
All domestic water lines will be shown to 5 feet outside the proposed building. No recycled or fire
water design is included in this scope.
1.5 Hydrology Study (NA Civil): Prepare a hydrology and hydraulics study for the post construction
conditions per City requirements.
1.6 Irrigation Plans: BMLA will prepare the necessary irrigation plans to water the renovated planter
areas along the perimeter of the water feature. The plans will include the location, type, size and
manufacture of the proposed equipment and material necessary to construct the proposed
system. The plans will also include the required notes and calculations necessary to demonstrate
the engineering suitability of the proposed system.
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1.7 Planting Plans: BMLA will prepare plans that illustrate the location, size, quantity, and type of the
proposed plant material as required completing the intended design solution. The plans may
include but are not limited to trees, shrubs, ground covers, flower color, mulches and vines.
1.8 Water Feature Electrical Plans (JCA Engineering): JCA will prepare plans that design the
power distribution from the existing service and sub-panels to the new water feature system
control panels. Low voltage/ monitoring conduit raceways will be included. Once site visit is
anticipated for observation and documentation of the existing conditions. A copy of utility bills for
the last 12 months is required to be able to determine the electrical high demand for the existing
service.
1.9 Water Feature Design and Engineering (Aquatic Design Group): ADG will provide design and
engineering services for the new mechanical equipment enclosure. Additional deliverables
include new equipment space structural plan, new equipment space structural cross-sections,
and new equipment space mechanical details. Scope also includes one (1) additional site visit
during design.
1.10 Water Scheduling: BMLA will prepare the detailed watering schedule for the proposed irrigation
system. The schedule will be distributed to the CLIENT and Jurisdiction upon request.
1.11 Plan Check Submittal Assistance: BMLA and their consultants will assist the CLIENT with the
submittal and processing of the construction documents for building permit plan check. The
CLIENT will be responsible for the submitting and monitoring of the progress of the permit
approval process.
C. CONSTRUCTION ASSISTANCE
1.1 Bid Documents: BMLA and the project team will outline the boundaries of the bid, specifying
what is included and excluded from the scope of work. BMLA will use the city’s standard
template with Notice of Inviting Bids, Instruction to Bidders, Proposal, and Contract Agreements
and fill out the relevant project information.
1.2 Engineers Estimate: BMLA will prepare an opinion of the likely construction costs for the
proposed improvements illustrated in the final design solution.
D. CONSTRUCTION ASSISTANCE
1.1 Scheduled Meetings with the City Staff: BMLA and the project team may meet with the client
and their project team to review the status of the project construction. These meetings may be
regularly scheduled meetings at the job trailer or the client’s office. The BMLA team has allotted
for 12 weekly meetings at 1 hour a piece. Time in addition to this amount will be billed at the
prevailing hourly rate chart attached to this proposal.
1.2 In House Meeting with the Project team consultants: the BMLA project staff may meet with
the project consultants’ team to review the status of the project construction. The BMLA team has
allotted for 2 hours.
1.3 Pre construction Meeting: BMLA and the project team will be available to attend one project
pre-bid meeting at the project site to answer inquiries regarding the plans and specifications for
the project. The client/city will be responsible for calling, holding and managing the meeting.
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1.4 Requests for Information and clarification: The BMLA project team will prepare respondence’s
to inquiries made by the contractors regarding the plans, details and technical specifications.
during bidding as well as construction process. The response will be delivered to the CLIENT for
distribution to the necessary parties.
1.5 Site Observation: The BMLA project team will be available to review the status of the project
progress and the compliance to the plans and specifications for the project. It must be noted that
this task is not to be considered an inspection for the purposes of obtaining final approval.
1.6 Submittals: The BMLA project team will review submittals and shop drawings provided by the
project contractor for their conformance to the plans and specifications prepared by the project
team.
1.7 As-Built Plans: The BMLA project team will review as-built plans prepared by the Contractor.
The team will review for completeness and clarity. The contractor will be responsible for the
accuracy of the information provided.
1.8 Project Close-out: BMLA will attend the pre-maintenance and final walk thru and will prepare a
punch list of outstanding items to be completed prior to project approval.
E. ADDITIONAL SERVICE
The civil engineer believes they can manage without a survey, given the as-builts provide
topographic information that can be transposed onto their plans. The additional services below
are listed in the event the city would like to survey the work area or the entire park.
1.1 Topographic Survey (Full Park): Generate a topographic survey of the ~58-acre park, with data
sourced via aerial mapping. No ALTA, easements, dedications, or other legal features beyond the
property boundaries are included in this scope.
1.2 Topographic Survey (Work Area): Generate a topographic survey of the work area, with data
sourced via aerial mapping. No ALTA, easements, dedications, or other legal features beyond the
property boundaries are included in this scope.
F. SCHEDULE
This schedule is null and void after sixty (60) days without a signature. After the sixty-day period,
BMLA will review the proposal and adjust and necessary figures.
Contract execution time frame: Upon the prompt execution of this contract and the delivery of
the necessary base documents, BMLA, Inc. shall proceed with the above stated scope of work.
The estimated time to complete each scope of work is estimated as follows. The precise delivery
date of each scope will be based on the CLIENT’s notice to proceed and the receipt of required
information.
A. Landscape Construction Documents 15 workdays
B. Grading Plans 25 workdays
C. Water Feature Electrical Plans 15 workdays
D. Water Feature Engineering Plans 20 workdays
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G. FEE SCHEDULE
1 The following fee amounts are considered to be lump sum estimates based on the proposed
scope of work:
2
LANDSCAPE
Meetings $ 1,750.00
Landscape Construction Documents $ 20,305.00
Bid Documents and Engineers Estimate $ 4,500.00
Landscape Construction Assistance $ 9,000.00
CIVIL ENGINEERING
Sewer Plans $ 2,530.00
Domestic Water Plan $ 1,725.00
Hydrology Study $ 5,060.00
Plan Processing $ 1,725.00
Meetings $ 1,725.00
Engineering Construction Assistance $ 1,610.00
ELECTRICAL ENGINEERING
Electrical Engineering Plans $ 9,085.00
Electrical Engineering Construction Assistance $ 1,380.00
WATER FEATURE ENGINEERING
Water Feature Engineering Plans $ 27,830.00
TOTAL
$ 88,225.00
ADDITIONAL SERVICES: SURVEY
Topographic Survey (Full Park) $ 28,750.00
Topographic Survey (Work Area) $ 17,135.00
3 Auto travel shall be charged at the current allowable IRS mileage rate.
4 Expenses, such as reproduction of drawings, costs of postage, and delivery shall be billed at cost
as a reimbursable expense.
5 BMLA, as stated above, shall bill any work additional to the scope of work in accordance to the
Hourly Billing Rate Chart below.
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6 Hourly Billing Rate Chart BMLA, Inc.
Principal & VP of Operations $ 250.00
Director of Production $ 200.00
Senior Project Manager $ 175.00
Project Manager $ 135.00
Landscape Designer 2 $ 105.00
Landscape Designer 1 $ 90.00
Hourly Billing Rate Chart NA Civil
Principal $ 185.00
Senior Project Manager $ 175.00
Project Manager $ 165.00
Senior Project Engineer $ 155.00
Project Engineer $ 135.00
Senior Design Engineer $ 130.00
Design Engineer $ 105.00
Associate Engineer $ 105.00
Engineering Technician $ 95.00
Project Assistant $ 95.00
Hourly Billing Rate Chart JCA Engineering, Inc.
Project Engineer / Manager $ 240.00
Designer $ 190.00
Drafting / CADD $ 175.00
Clerical / Delivery / Accounting $ 160.00
Hourly Billing Rate Chart Aquatic Design Group
Principal $ 235.00
Project Architect / Engineer $ 215.00
Project Manager $ 195.00
Designer $ 155.00
Administrative $ 100.00
H. EXCLUSIONS
The following services are not a part of this proposed scope of work:
• Inspections
• Permit Fees
• Biologist / Wildlife Relocation
• Structural Soils Engineering
• Agronomic Soils Tests and Reports
• Building Architecture
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I. CONDITIONS
1 The CLIENT shall provide all necessary information and documents in the form of surveys,
planning reports and drawings as necessary for the LANDSCAPE ARCHITECT to proceed. Plans
and reports shall be delivered in a usable electronic form.
2 LANDSCAPE ARCHITECT shall maintain regular contact with the CLIENT and their consultants in
the interest of coordinating information.
3 Engineering fees, Governmental permits and fees, agronomy reports, are not included in the
LANDSCAPE ARCHITECT'S fee proposal. Costs for these services shall be billed at cost upon
request.
4 If the CLIENT finds it necessary to abandon the project, the LANDSCAPE ARCHITECT shall be
compensated for all work completed under the SCOPE OF LANDSCAPE ARCHITECTURAL
SERVICES according to the schedule of payments designated under the FEE SCHEDULE.
5 Additional Services: When requested by the CLIENT, additional services shall be invoiced monthly
on the same prevailing hourly rate basis or on an approved fixed fee established when the
additional services are authorized.
6 Changes requested by the CLIENT after work has commenced shall be made in writing. The cost
for changes is not included in the stated fee for service and will be invoiced monthly at the
prevailing hourly rates as a separate expense.
7 Termination: Either party may terminate upon seven (7) days written notice should the other party
fail substantially to perform in accordance with its terms through no fault of the other. The CLIENT
may, within fifteen (15) days written notice, terminate at will. In the event of termination due to the
fault of others than the LANDSCAPE ARCHITECT or his consultants or Engineers, or in the event
of termination by the CLIENT without cause, the LANDSCAPE ARCHITECT shall be paid his
compensation for services performed to the termination date, including reimbursable expenses then
due. Percentages of completion to termination are subject to the CLIENT’s approval; such
approval shall not be unreasonably withheld.
8 Neither party shall assign or transfer its respective interest herein to a third party without the written
consent of the other.
9 CLIENT and LANDSCAPE ARCHITECT agree to mediate claims or disputes arising out of or
relating to this Agreement before initiating litigation. The mediation shall be conducted by a
mediation service acceptable to the parties. A party shall make a demand for mediation within a
reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no
event shall any demand for mediation is made after such claim or dispute would be barred by
applicable law. Mediation fees shall be shared equally.
10 This Agreement is governed by the law of LANDSCAPE ARCHITECT’s principal place of business.
11 This Agreement is the entire and integrated agreement between CLIENT and LANDSCAPE
ARCHITECT and supersedes all prior negotiations, statements or agreements, either written or
oral. The parties may amend this Agreement only by a written instrument signed by both CLIENT
and LANDSCAPE ARCHITECT.
12 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for
any reason, the remainder of this Agreement shall continue in full force and effect, and the parties
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agree that any unenforceable or invalid term or provision shall be amended to the minimum extent
required to make such term or provision enforceable and valid.
13 Neither CLIENT nor LANDSCAPE ARCHITECT shall assign this Agreement without the written
consent of the other.
14 Irrespective of any other term in this Agreement, LANDSCAPE ARCHITECT shall not control or be
responsible for construction means, methods, techniques, schedules, sequences or procedures; or
for construction safety or any other related programs; or for another parties’ errors or omissions or
for another parties’ failure to complete their work or services in accordance with LANDSCAPE
ARCHITECT’s documents.
15 CLIENT agrees to indemnify, defend and hold LANDSCAPE ARCHITECT harmless from and
against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not
limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and
all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on
account of any damages or losses to property or persons, including injuries or death, or economic
losses, arising out of the Project and/or this Agreement, except that the LANDSCAPE ARCHITECT
shall not be entitled to be indemnified to the extent such damages or losses are found by a court or
forum of competent jurisdiction to be caused by LANDSCAPE ARCHITECT's negligent errors or
omissions.
16 Should any legal proceeding be commenced between the parties to this Agreement seeking to
enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such
proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum
for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a
proceeding or in a separate action brought for that purpose. For purposes of this provision,
"prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange
for payment of the sum allegedly due, performance of covenants allegedly breached, or
consideration substantially equal to the relief sought in the action or proceeding.
17 CLIENT and LANDSCAPE ARCHITECT waive consequential damages for any claims, disputes or
other matters in question arising out of or relating to this Agreement. LANDSCAPE ARCHITECT’s
waiver of consequential damages, however, is contingent upon the CLIENT requiring contractor
and its subcontractors to waive all consequential damages against LANDSCAPE ARCHITECT for
claims, disputes or other matters in question arising out of or relating to the Project.
18 To the extent damages are covered by property insurance during construction, CLIENT and
LANDSCAPE ARCHITECT waive all rights against each other and against the contractors,
consultants, agents and employees of the other for such damages. CLIENT or LANDSCAPE
ARCHITECT, as appropriate, shall require of the contractors, consultants, agents and employees of
any of them similar waivers in favor of the other parties described in this paragraph.
19 Upon the parties signing this Agreement, LANDSCAPE ARCHITECT grants CLIENT a
nonexclusive license to use LANDSCAPE ARCHITECT’s documents as described in this
Agreement, provided CLIENT performs in accordance with the terms of this Agreement. No other
license is implied or granted under this Agreement. All instruments of professional service prepared
by LANDSCAPE ARCHITECT, including but not limited to, drawings and specifications, are the
property of LANDSCAPE ARCHITECT. These documents shall not be reused on other projects
without LANDSCAPE ARCHITECT's written permission. LANDSCAPE ARCHITECT retains all
rights, including copyrights, in its documents. CLIENT or others cannot use LANDSCAPE
ARCHITECT's documents to complete this Project with others unless LANDSCAPE ARCHITECT is
found to have materially breached this Agreement.
20 CLIENT acknowledges and agrees that proper Project maintenance is required after the Project is
complete. A lack of or improper maintenance in areas such as, but not limited to, irrigation repairs,
Docusign Envelope ID: FF480F97-32F1-482E-9780-730AB5BA4FFF
310 North Joy Street Corona, Ca 92879 T: 951.737.1124 www.bmla.net
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adjustment and scheduling may result in damage to property or persons. CLIENT further
acknowledges and agrees that, as between the parties to this Agreement, CLIENT is solely
responsible for the results of any lack of or improper maintenance.
21 CLIENT understands and acknowledges that the design and construction process for this Project
poses certain risks to both LANDSCAPE ARCHITECT and CLIENT. CLIENT further understands
and acknowledges that the amount of risk that LANDSCAPE ARCHITECT can accept is tied, in
part, to the amount of compensation received for services rendered. LANDSCAPE ARCHITECT's
fee for the services offered is based on CLIENT's agreement to limit LANDSCAPE ARCHITECT's
liability as described below. CLIENT further acknowledges that were it not for this promise to limit
LANDSCAPE ARCHITECT's liability, LANDSCAPE ARCHITECT's compensation would need to
increase to address the risks posed by this Project.
22 LANDSCAPE ARCHITECTS ARE REGULATED BY THE BOARD OF LANDSCAPE
ARCHITECTS. ANY QUESTIONS CONCERNING A LANDSCAPE ARCHITECT MAY BE
REFERRED TO THE BOARD AT: State of California Department of Consumer Affairs, Landscape
Architects Technical Committee, 2420 Del Paso Road, Suite105, Sacramento, CA 95834 (916)
575-7230.
Upon acceptance of this Proposal, please sign and return one signed copy of this agreement.
Respectfully submitted,
BMLA, INC
Client Signature of Approval / Date
Docusign Envelope ID: FF480F97-32F1-482E-9780-730AB5BA4FFF
PSA with professional liability insurance (Design)
Last Revised: 06/1/2018
Page 20
Exhibit B – BMLA Landscape Architecture Schedule of Performance
Docusign Envelope ID: FF480F97-32F1-482E-9780-730AB5BA4FFF
Start date of August 2025
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Project Kick Off Meeting
On-site Visit with Consusltants and City Staff if Needed H
Civil Plans + Background File Preparation
Electrical Plans Preparation O
Water Feature Plans
Demolition + Harsdcape + Planting + Irrgation Plans L
Bid Docs Preparation
1st Submittal Y
Revise Plans + Respond to 1st Set of Comments
2nd Submittal D
Revise Plans + Respond to 2nd Set of Comments
Submit Final Plans A
Bid Process
Pre-Construction Admin Y
Award of Contract
Wildlife relocation
Anticipated Construction time & Construction Admin
Project Close Out
August December January February MarchNovemberSeptember October
Docusign Envelope ID: FF480F97-32F1-482E-9780-730AB5BA4FFF