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HomeMy WebLinkAboutRFP - Heritage Park Renovation-signedREQUEST FOR PROPOSALS Consulting Design Services for: Heritage Park Renovation Project FP24502 June 27, 2023 Page 2 RFP – Heritage Park Renovation Project To Interested Architectural and Civil Engineering Firms: The City of Diamond Bar (City) Public Works Department is requesting proposals from qualified firms to provide design services and develop plans, specifications, and estimates (PS&E) for the Heritage Park Renovation Project (project). BACKGROUND The renovation project is located at 2900 S. Brea Canyon Road (see the location map below) and consists of three phases, as described below. However, this project includes only phases 1 and 2 (description of phase 3 is shown for informational purposes only): Phase 1: Renovate the community center, restrooms, and ADA improvements to increase accessibility for persons of all ages. And, Phase 2: Update the playground, tot lot, picnic area and basketball courts to provide a stimulating play experience for children and individuals with disabilities. Phase 3: Upgrade the ballfield (not part of this project). Page 3 RFP – Heritage Park Renovation Project The Heritage Park Community Center was last upgraded in 1998; the renovated Heritage Park Community Center will meet the vital recreational needs of current residents within a half-mile of the site. CURRENT PARK AMENITIES: Community Center with tiny tot program Tot Lot w/ 2-5 Years & 5-12 Years Accessible Play Equipment Lit baseball Field One Basket Ball Court Restroom Facility Picnic Tables COMMUNITY SUPPORT - The Heritage Park Renovation Project was developed through a public participation process that included multiple public workshops, community surveys, outreach efforts at other public events, Parks & Recreation Commission meetings, City Council Study Sessions and City Council Regular Meetings. For the development of the proposed PS&E, no public participation or commission review is anticipated; the consultant will work with City staff. ENVIRONMENTAL REVIEW - The Project has been determined to be Exempt from the California Environmental Quality Act pursuant to Section 15301 (a) and (d) (Existing Facilities). PRELIMINARY COST ESTIMATES: Phase 1: Community Center $1,750,000 ADA Improvements $615,000 Outdoor Restroom $275,000 Misc. Cost Items $360,000 Phase 1 Subtotal: $3,000,000 Phase 2 Subtotal: $2,000,000 Total Cost Estimate: $5,000,000 Page 4 RFP – Heritage Park Renovation Project MANDATORY PRE-PROPOSAL MEETING All interested firms are required to attend a mandatory pre-proposal meeting at the project site, 2900 S. Brea Canyon Road, at 10am on the following date: July 18, 2023. The project team will give a tour of the park and respond to questions. SCOPE OF WORK A. Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and any other pertinent details. Consultant shall also attend periodic meetings with City staff at various stages of the Project as needed. B. Collect and review all existing information pertaining to this project, including the available master-plans, as-built plans, soils reports, and utility information. C. Perform a complete field review. Collect and review all existing field conditions pertaining to the proposed project. Obtain all available improvement and utility plans from the appropriate agencies. D. Conduct a utility search for all utilities within the Project limits. Review the location of existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the Consultant shall arrange to have potholes taken by the utility company. The Consultant shall provide the City copies of all utility correspondence with the completed construction document submittal. Preliminary and final Utility Notices are required for the proposed Project. E. The Consultant shall prepare complete sets of plans and specifications for the Project. The improvement plans shall be prepared on 24”x 36” sheets. The plans shall include details regarding the proposed improvements. Required work such as demolition, trenching, restoration, and outside agency permits shall be shown on the plans. Electronic plan submittals are required; no hard copy submittals are necessary. The Consultant shall submit 60%, 85%, and 100% plans to the City for review and final approval. F. The bid specifications shall be submitted via e-mail in Microsoft Word format. G. The Consultant shall prepare and submit a detailed cost estimate in tabular form for each construction item showing quantity, unit price, and total cost. H. For public works improvements, it is the City’s intention to use the Standard Specifications for Public Works Construction (latest edition) and the Standard Plans for Public Works Construction (latest edition). The Consultant shall Page 5 RFP – Heritage Park Renovation Project provide copies of referenced standard plans from other sources. For building improvements, latest edition of California Building Code will be used. I. Revise and/or change plans and related materials as required as a result of review of the plans by affected utilities and outside agencies, or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. J. The Consultant will submit building improvement plans directly to the City’s Building and Safety Division for approval. The PS&E will be permit ready at the 100% submittal stage. K. At City request, provide assistance during the bidding period. The Consultant shall provide technical assistance to staff and clarification to bidders should any questions arise during the bidding period. Should any changes be required to the plans and/or specifications during this phase, the Consultant shall make the necessary changes and provide those changes in the specifications or plans in a timely manner so that the City can issue an addendum, if necessary. L. Provide consultation during construction at the request of City. The Consultant shall provide appropriate technical services, including but not limited to, consultation, plan interpretation, and plan revisions resulting from changed conditions, excluding revisions required in Item F above. Such revisions shall be completed in a timely manner so as to avoid construction delays. M. Provide geotechnical services as deemed necessary for the respective site. This may be included as an optional item. PROPOSED FORMAT AND CONTENT FOR EACH PROPOSAL Proposals for shall not exceed 10 pages, excluding cover and resumes. The Consultant’s proposal shall contain the following information and shall be organized as follows: A. Project Team An organizational chart indicating principals and key Project team members. Also, provide resumes of the key personnel involved with this contract including personnel from sub-Consultants (if any). Identify the experience of the personnel assigned and briefly outline the responsibilities Page 6 RFP – Heritage Park Renovation Project of each member. If any changes in personnel occur during the contract period, the consultant shall notify the City and furnish the same required information. B. Firm's Experience/References List a maximum of three (3) projects of similar size and scope that your firm has performed design services for other public agencies. For each project, provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, the project manager, engineer, and inspector’s name. If any portion of the project is sub-contracted, provide similar information. C. Project Understanding Discuss the methods and procedures that will be used in the design of the Project. Provide a list of construction drawings that will be prepared for the Project. Also identify any potential concerns or problems in the design of this project. D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the Project, beginning with the Notice to Proceed. The City is seeking to have the PS&E completed by January 2024. E. Resource Requirements Provide a man-hour and fee estimate for the proposed scope of work. Also provide a total “Not-to-Exceed” design services fee. Please state all assumptions upon which the estimates are based. The fee proposal shall be submitted in a separate sealed envelope. F. Fee Schedule The fee proposals shall include a not-to-exceed (NTE) figure and hourly billing rates for typical staff classifications. Please identify tasks for each phase of the project and provide complete break-downs for each individual task. These rates will be used to negotiate any additional work the City may request. All assumptions upon which the costs are based shall be stated. Page 7 RFP – Heritage Park Renovation Project G. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected consultant upon execution of the contract for submittal to the City Council. The selected consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the consultant, and that the consultant understands said coverage is prerequisite for entering into an agreement with the City. The consultant is required to confirm with its insurance carrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in the consultant's disqualification. H. Consulting Services Agreement Provide a statement certifying that you agree to the City’s Consulting Services Agreement terms and conditions. Any proposed edits to the agreement shall be submitted with the proposal for staff’s review and consideration. CITY SUPPORT Exhibit A – Consulting Services Agreement SUBMITTAL OF PROPOSALS The Proposal and the Fee Schedule shall be received online at https://www.planetbids.com/portal/portal.cfm?CompanyID=39500 on the date and time specified on PlanetBids. Late proposals will be rejected by the City. SELECTION PROCEDURE Criteria for evaluation of proposals may include, but need not be limited to, the following: 1. Responsiveness and comprehensiveness of proposal. 2. Firm/assigned personnel’s experience with the City of Diamond Bar and other public agencies. 3. Quality of previous work performed by the firm. 4. Resources and fee required to perform the requested services. 5. References. Page 8 RFP – Heritage Park Renovation Project RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing firm. All proposals submitted to the City in response to this RFP shall become property of the City. QUESTIONS If you have any questions regarding this request, please contact Mr. Jason Williams, Maintenance Supervisor, JWilliams@diamondbarca.gov, or at (909) 839- 7059. Sincerely, David G. Liu, P.E. Public Works Director/City Engineer Attachment: Exhibit A – Consulting Services Agreement 1 Professional Services - Design CONSULTING SERVICES AGREEMENT Design Professional THIS AGREEMENT (the "Agreement") is made as of Jjjj X, 2023 by and between the City of Diamond Bar, a municipal corporation ("City") and Mmmmmm Consulting, Inc., ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the design services for the Heritage Park Renovation Project (No. FP24502) set forth in the attached Attachment 1, which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City. 2. Term of Agreement. This Agreement shall take effect Jjjjj X, 2023, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Attachment 1. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Sssss Tttttttttt ($xx,xxx) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A.As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. 2 Professional Services - Design B.All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. D.Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. 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 on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant 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 agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to 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. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. 3 Professional Services - Design E. In addition to any other remedies it may have, 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 required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and (3) To the fullest extent permitted by law, the Consultant agrees to indemnify and hold indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: 4 Professional Services - Design (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claim made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy 5 Professional Services - Design endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I.Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. 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. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or 6 Professional Services - Design dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. 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 its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. 7 Professional Services - Design 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work or as may otherwise be agreed to by and between the Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this 8 Professional Services - Design Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. 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. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable 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, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: ______________________ Attn.: Jason Williams Phone: Phone: 909/839-7011 9 Professional Services - Design E-Mail: _____________________ E-mail: JWilliams@DiamondBarCa.Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent 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. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Mmmmm Consulting, Inc. CITY OF DIAMOND BAR By: By: ____ Printed Name: Dan Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: Omar Sandoval, City Attorney 10 Professional Services - Design *NOTE:If Consultant is a corporation, the City requires the following signature(s): --(1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.