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09 Staff Report - Plaza Fountain Filtration System Upgrade Project~t N 0 fAv!r"1 COUNCIL AGENDA REPORT !ps GA~OS MEETING DATE: 4/21/08 ITEM NO. i DATE: APRIL 15, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. A08-014 - PLAZA FOUNTAIN FILTRATION SYSTEM UPGRADE PROJECT ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CMS COLLABORATIVE TO PROVIDE DESIGN SERVICES FOR A FILTRATION SYSTEM IN AN AMOUNT NOT TO EXCEED $34,500.00 FROM THE MANAGER'S CONTINGENCY FUND RECOMMENDATION: Adopt resolution (Attachment 1) authorizing the Town Manager to execute a professional services agreement (Exhibit A) with CMS Collaborative to provide design services for a filtration system in an amount not to exceed $34,500.00 from the Manager's Contingency Fund. BACKGROUND: The Town Plaza Interactive Fountain was constructed and completed as a part of the Town Plaza Reconstruction Project in 2003. The fountain was built with a state-of-the,-art filtration system for the time frame it was built in. In 2006, a new parasite called Cryptosporidium was discovered that was identified as a health risk by the County Health Department. Other interactive fountains in Santa Clara County, including the fountain at Plaza de Cesar Chavez, were shut down due to this discovery while new treatment methods and systems could be installed. Interactive fountains are the most at risk as they recirculate water through a series of jets, increasing the opportunity for Cryptosporidium and other contaminants from human and animal feces to build up. The parasite is resistant to the levels of chlorine that are safe for human contact and therefore resistant to standard filtration systems. The County Health Department has directed all cities within interactive fountains to eliminate the risk of this parasite occurring in the fountains. a 1 J e PREPARED BY: KEVIN ROHANI /64 Interim Director of Parks and Public Works NAENGINEERING\COUNCIL REPORMA08-014. Plaza. fountain. filtration . system. upgrade. award. doc Reviewed by: Assistant Town Manager (-J, Town Attorney Clerk Administrator _Zk Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. A08-014 - PLAZA FOUNTAIN FILTRATION SYSTEM UPGRADE PROJECT APRIL 15, 2008 DISCUSSION: The only effective deterrent to the parasite is an ultraviolet light filtration system. Staff investigated other means of treatment from water treatment experts and it was determined that currently there is no other chemical treatment that would kill Cryptosporidium. Staff solicited a proposal from CMS Collaborative Inc. which is a nationwide firm specializing in interactive fountain designs. This firm was the original designer of the fountain at Park Plaza and has designed nearly all other such fountains in the Bay Area. Since the fountain is heavily used during summer months, the project will be designed during the spring and summer months and actual construction will be in winter as the fountain is less in demand for usage by the public. CONCLUSION: It is recommended that the Council adopt the attached Resolution authorizing the Town Manager to execute an Agreement with CMS Collaborative to provide professional consultant design services for the Plaza Fountain Filtration System Upgrade project. ENVIRONMENTAL ASSESSMENT: This project is Categorically Exempt pursuant to Sections 15301 (c), and 15303 (e), and 15304 (b) of the State CEQA guidelines. FISCAL IMPACT: The design phase of this project will be funded through Town Manager's contingency budget accounts; Manager's Contingency account and Manager's Productivity Contingency account. The two accounts have a combined available balance of $100,125. Purchase and installation of the system will be included in the FY 2008/09 - 2012/13 Capital Improvement Program Budget. Attachments Resolution authorizing the Town Manager to execute a professional services design agreement (Exhibit A) and Proposal (Exhibit B). RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH CMS COLLABRATIVE INC. TO PROVIDE DESIGN SERVICES FOR PPW JOB NO. A08-014 PLAZA FOUNTAIN FILTRATION SYSTEM UPGRADE PROJECT WHEREAS, the Manager's Contingency Fund includes funding for PPW Job No. A08-014 - Plaza Fountain Filtration System Upgrade Project; and WHEREAS, proposals were sought in conformance with State and Town Law for the Plaza Fountain Filtration System Upgrade Project; and WHEREAS, it is necessary for the Town Council to secure professional services to provide design for the Plaza Fountain Filtration System Upgrade Project; and WHEREAS, the Town Council has selected the firm of CMS Collaborative Inc. to provide the necessary professional services for the design of the Plaza Fountain Filtration System Upgrade Project; and NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby approves the attached Agreement (Exhibit A) with CMS Collaborative Inc. to provide design services in connection with the Plaza Fountain Filtration System Upgrade Project at a cost not to exceed $34,500.00 BE IT FURTHER RESOLVED that the Interim Town Manager is hereby authorized and directed to execute said agreement on behalf of the Council. ATTACHMENT 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21St day of April, 2008 by the following vote: COUNCIL MEMBERS AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA PROFESSIONAL CONSULTANT SERVICES DESIGN AGREEMENT THIS AGREEMENT is entered into this day of , 2008, by and between the Town of Los Gatos, State of California, herein called the "Town", and CMS Collaborative Inc., engaged in providing Design Services herein called the "Consultant". RECITALS A. The Town is considering undertaking activities in connection with PPW Job No. A08- 014 - Plaza Fountain Filtration System Upgrade Project. B. The Town desires to engage a professional consultant to provide design services in conjunction with the Plaza Fountain Filtration System Upgrade project, because of Consultant's experience and qualifications to perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: i. Scope of Services. The Consultant shall provide design services as outlined in the attached proposal. ii. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement and issuance of a Town purchase order, with completion of the project design by September 2008. iii. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. iv. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. EXHIBIT A V. Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. vi. Compensation. Compensation for Consultant's professional services shall not exceed $34,500, and payment shall be based upon Town approval of each task. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. Payment shall be net thirty (30) days. All invoices and statements to the Town shall reference the Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos. Attn: Accounts Payable P. O. Box 655 Los Gatos, CA 95031 Statements: Town of Los Gatos Attn: Finance Department P. O. Box 655 Los Gatos, CA 95031 vii. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town. viii Project Mange. The Project Manager for the Consultant for the work under this Agreement shall be Roy Kaplan. ix. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town. X. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: To Consultant: Kevin Rohani, P. E. Roy Kaplan, Principal Interim Director of Parks and Public Works CMS Collaborative Inc. 41 Miles Avenue 150 Falker St. # A Los Gatos, CA 95030 Santa Cruz, CA 95060 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. xi. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. xii. Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. xiii. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. xiii. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. xiv. Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences. iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Clerk Administrator. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. xiv. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. xvi. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. xvii. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara. xviii. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than 15 days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents and reports performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement pursuant to (Exhibit A) hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. xvx. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. xx. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. xxi. Entire Agreement. This Agreement (Exhibit A), including (Exhibit B) attached hereto, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Consultant: CMS Collaborative Greg Larson, Town Manager Recommended by: Kevin Rohani Interim Director of Parks and Public Works Approved as to Form: Orry P. Korb, Town Attorney ATTEST: Jackie Rose, Clerk Administrator Los Gatos Town Center Fountain Renovation 10 April 2008 CMS Collaborative, Inc., fountain consultants, ("CMS") is pleased to provide the following Scope of Services and Fee Proposal to Melissa Huang of the Town of Los Gatos, ("Client") for the Los Gatos Town Center Fountain Renovation located in Los Gatos, California. A. SCOPE OF WORK The water feature display elements are described as follows: a. Existing interactive fountain at Town Center. 1 Equipment spaces and reservoirs are described as follows: a. Existing equipment space is directly adjacent to fountain; Water Storage reservoir is beneath the fountain. 3. Scope encompasses upgrade of the fountain's filtration and water treatment systems, to meet current code requirements for interactive fountains. Will likely include: a. Addition of a new, stand-alone (regenerative DE based) filtration system for increased flow and lower water "turnover rate," with no backwash effluent burden to the sanitary sewer. b. Addition of a state of the art UV sterilization to control cryptosporidium; and C. Automated chlorination and pH control systems to further aid in water sanitation and meet current code requirements. The terms of this proposal are based on the above description and its attendant complexity. Any increases in complexity will, at the request of CMS, require renegotiation of this proposal to accommodate the modifications. B. SCOPE OF SERVICES Consultation: a. CMS will review the water feature concepts and offer preliminary information with respect to the technical feasibility, suitability to the site, plumbing and electrical construction costs, and maintenance and operation costs. b. CMS will attend one meeting at Client's office, if necessary, prior to beginning Construction Documents and work with Client's office and consultants via telephone, email, fax and exchange of drawings throughout the Design Phase to establish and refine relevant technical and design parameters. 2. Coordination: a. CMS will contact Client's office, other consultants and governmental authorities responsible for the interpretation of codes and ordinances governing waste discharge, protection of the water supply, and plumbing and electrical design to determine if code requirements are satisfied and all documentation is properly coordinated. b. CMS will recommend, discuss and resolve maintenance and operating procedures with the owner and/or their representative during the Design Phase of CMS' work. CMS will specify equipment and accessories consistent with these procedures as a part of CMS' Construction Document package. cros collabordtiveAf cl fauEltai~r uolrs~llt=sots 150 felker street, suite a ww.eres-colla5orative,conl tel 831.425.3743 santa cruz, california 95068 maikmos-collaborative.com fax 831.428.8143 EXHIBIT B CMS Collaborative, Inc. 10 April 2008 Proposal for Los Gatos Town Center Fountain Renovation Page 2 of 5 C. CMS will generate a report summarizing all discussions involved in the coordination effort. d. If necessary, CMS will follow up with drawings indicating: (1) Points of connection for utilities, pipe routing, and structural profiles. (2) Locations of significant structural loads, penetrations, troughs and sumps. (3) Decorative grating dimensional layouts. 3. Construction Documents (CD). CMS will prepare documents containing sufficient information to bid and construct the water feature plumbing and electrical systems. Work provided will include the following: a. Plumbing drawings showing: (1) Schematic piping diagram. (2) Equipment to be removed. (3) Equipment space layout plan for new and relocated equipment. b. Electrical drawings showing: (1) Revised equipment space power and control plans. (2) Revised single line power diagrams. (3) Revised control wiring diagrams as required. C. Specification sections for the new water feature plumbing and electrical systems, providing criteria for the purchase and installation of equipment and materials. d. Electronic versions of CMS' drawing and specification files will be provided upon request. These files will be provided in CMS' customary format. "Format" includes, but is not limited to, items such as program format, sheet setup, layer and color schemes, drawing units, etc. CMS currently uses AutoCAD 2004 and can provide drawings in DWG, DXF, or DXB format. CMS' specifications are prepared using MS Word Version 11.0 (Word 2003). e. Number of submissions: This proposal allows for one formal submission. A formal submission is one that is dated and issued for review and comment to entities outside of the design team. 4. Budget Estimates and Cost Control: a. CMS will provide lump sum budget estimates for the new water feature plumbing and electrical costs. CMS will advise Client's office as design decisions or site conditions impact these costs. 5. Bidding Phase Assistance: a. CMS will respond to bidders' questions and/or concerns regarding design, equipment and materials specified under CMS' Scope of Work. b. CMS will assist with the evaluation of bidders and prices. 6. Construction Administration (CA): a. CMS will review submittals by the plumbing and electrical contractors for conformance with Construction Documents. b. CMS will assist, as requested, with clarification of the Construction Documents and the issuance and negotiation of change orders. C. CMS will conduct one (1) one-day intermediate reviews of construction. d. CMS will conduct (1) one-day final review of construction, and provide a punch-list report. At the time of the final review, CMS will assist with start-up, adjustments, and fine-tuning of the new water feature systems. CMS Collaborative, Inc. 10 April 2008 Proposal for Los Gatos Town Center Fountain Renovation Page 3 of 5 e. CMS cannot assume responsibility for any acts or omissions of the contractor, nor the quality, techniques, schedule, or safety precautions related to on-site work. Professional Seals (Optional): a. This service can be optionally provided if desired, per the terms outlined herein. C. SERVICES NOT INCLUDED I . Architectural/Structural Design: The proposed Scope of Services does not include the documentation or specification of the structures, structural or seismic pipe bracing or anchoring, waterproofing, materials or finishes. 2. Documentation or structural specifications of the actual water feature equipment vaults (other than pre-cast vaults for chemical system) or reservoirs. 3. Control system integration: The current scope assumes the addition of stand alone filtration and water treatment systems. It is envisioned that a legend plate will be installed on the existing control panel indicating which components have been added, and which are not operated by the existing mechanical and electrical gear. This limits the degree to which the new equipment will be integrated with the existing control gear. We do not believe at this time that further integration will be necessary. However, should this integration prove neeessary for functional reasons or be desired by the client (for- a more seamless integration), this shall be an extra service provided on a time and expenses basis. 4. Extra office or site visits: The proposed Scope of Services includes a maximum of one office visit during the Design Phase, and two site visits during the Construction Administration Phase. Based on CMS' experience, this number of visits should be appropriate for a project of this size and complexity. Additional visits or time extensions while on site will be considered an Extra Service. 5. Formal submission of partially completed documents: The proposed Scope of Services includes informal progress submittals for design team coordination or client review. Any additional formal submissions which interrupt the documentation process or require formal responses may be considered an Extra Service unless specifically addressed in Section B above. 6. The proposed Scope of Services is contingent on all water feature system elements being designed concurrently. Any change in this procedure may be considered an Extra Service. 7. Preparation of electronic media for CMS' completed drawings and specifications in a format different from that which CMS normally employ. "Format" includes, but is not limited to, items such as program format, sheet setup, layer and color schemes, drawing units, etc. CMS currently uses AutoCAD 2004 and can provide drawings in DWG, DXF, or DXB format. CMS' specifications are prepared using MS Word Version 11.0 (Word 2003). 8. Design and formal documentation of water feature grates as part of CMS' Construction Document package. 9. Mock-up Testing: The proposed Scope of Services does not include mock-up testing, or time and expenses associated with designing or evaluating testing. 10. Artwork Co-ordination: Direct liaison with an artist or detailed co-ordination associated with the installation of artwork is not included in the proposed fee structure and may be considered an Extra Service. 1 I . Design Changes: Conceptual changes made at any time which result in increased complexity of Scope referenced herein, or changes in any design element requiring rework once the design process has begun, whether or not there is an increase in Scope or complexity, may be considered an Extra Service. 12. Budget Control: The proposed Scope of Services includes budget estimates. Itemized cost estimates or substantial changes to the Construction Documents are not included in the proposed contract document fee. CMS Collaborative, Inc. 10 April 2008 Proposal for Los Gatos Town Center Fountain Renovation Page 4 of 5 13. Utility services or extensions: The proposed Scope of Services is based on receiving points of connection for water, sewer, and electrical services within five feet of the equipment space. Coordination of these services with the serving utility or extension of these services to remote points of connection is not included in either the estimated construction budget or the proposed fee. 14. Equipment space heating and/or ventilating. 15. Production or review of "as-built" drawings. D. EXTRA SERVICES 1. CMS will identify services not included in the proposed Scope of Work when they are requested. CMS will advise Client's office of the impact on CMS' work, and propose an increase to the proposed fee amount before any work is undertaken. 2. Extra Services will be provided on an hourly basis at billing rates listed in Paragraph EA below, or current hourly rates prevailing when the services are rendered. 3. Reimbursable expenses associated with Extra Services will be billed at direct cost. E. FEES 1. Based upon the complexity of the project, projected travel requirements, and the amount of documentation anticipated, CMS will provide the services described in Section B above for the guaranteed maximum fees listed below: a. Construction Documentation services (Paragraphs B.1 - B.3) 25,000 b. Construction Administration services (Paragraph B.6) 9,500 C. Total proposed fee $34,500 OPTIONAL SERVICES d. Professional Seal (Paragraph B.7) ...........................................................................2,500 2. Billing for services under the base contract will be lump sum, billed monthly on a percentage of completion basis for the relevant phase. 3. Billing for authorized Extra Services shall be at the current hourly rates prevailing when the services are rendered. Rate increases are considered annually for 1 July adjustments. 4. Billing rates effective through 30 June 2008: President $ 155.00/hr. Principal .....................................................................140.00/hr. Associate 120.00/hr. Senior Designer 100.00/hr. Designer 70.00/hr. Drafter 50.00/hr. Clerical 45.00/hr, 5. Reimbursable expenses listed below are not included in the guaranteed maximum totals. They are estimated at approximately $200 and will be billed at direct cost. These items include, but are not limited to: Airfare (if authorized as an extra service) and other transportation, lodging, meals and other living expenses associated with out of town travel. a. Document printing, plotting, and reproduction. b. Photographic prints and slides associated with the design process. C. Courier services, postage, and handling of documents. CMS Collaborative, Inc. 10 April 2008 Proposal for Los Gatos Town Center Fountain Renovation Page 5 of 5 6. Travel: a. Travel time will be billed portal to portal. Travel hours will be billed at the hourly rates listed in Paragraph EA above. Airfare and other transportation, lodging, meals and other living expenses associated with out of town travel. b. North American flights, if applicable, will be booked at lowest rates reasonably possible. Flights outside of North America will be booked business class. C. Automobile mileage to meeting destinations or points of departure more than 25 miles from the base office of the principal or staff member traveling will be billed at the Internal Revenue Service mileage rate in effect at the time of travel. F. SCHEDULE L CMS can provide the Construction Document package outlined in Paragraph B.3 above within 6 to 8 weeks of receiving authorization to proceed, if routine requests for information are satisfied within 3 to 5 days. CMS will advise Client if lack of response or design changes necessitate expansion of this time frame. 2. Shop drawings and clarifications, as outlined in Paragraph B.6 above are normally addressed within 1 week. 3. Site visits can normally be accommodated within 2 weeks after they are requested. G. INSURANCE 1. CMS currently maintains the following project-related insurance: a. General liability in the amount of $1,000,000.00. b. Professional liability in the amount of $1,000,000.00. 2. Certificates of insurance will be provided upon request. H. DURATION OF PROPOSAL 1. This proposal is valid for 45 days from date of origin.