CC SR 20171017 J - CTC Technology & EnergyRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 10/17/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to amend a Professional Services Agreement with
CTC Technology & Energy to perform Analysis and Services for Wireless
Telecommunications Facility Application Materials.
RECOMMENDED COUNCIL ACTION:
(1) Approve amending the agreement with CTC Technology & Energy to authorize
the expenditure of up to $156,050 to accommodate additional costs associated
with additional Wireless Telecommunications Facilities applications.
FISCAL IMPACT: Funding for this project will be paid through trust deposits posted by
individual permit applicants; therefore, no appropriation is needed.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Charles Eder, PE, Associate Engineer (gip
REVIEWED BY: Elias Sassoon, PE, Director of Public Works�f /'
APPROVED BY: Doug Willmore, City Manager;`'/7"-
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Amendment (page A-1)
B. CTC Technology & Energy proposal (page B-1)
BACKGROUND AND DISCUSSION:
On August 4, 2017, the City and CTC Technology entered into an agreement to provide
analysis for Wireless Telecommunications Facilities Applications. The Consultant was
retained to analyze the accuracy of the technical service objectives submitted by
wireless telecommunications permit applicants. The Consultant is tasked with
determining the significance of the existing gaps in coverage and the need for proposed
wireless sites to alleviate these gaps.
The original contract called for a maximum of 12 applications to be reviewed for a total
of $24,000. Crown Castle has submitted 26 applications to date, with an additional 17
applications that are forthcoming. The cost to have these additional applications
reviewed is $132,050 for a total amended contract of $156,050. CTC's proposal reflects
1
the additional analysis for Crown Castle's AT&T applications ($75,750) and the
anticipated Verizon Wireless applications ($56,300), for a total of $132,050.
The scope of work required for each application will include site visits, attendance at
City meetings, and presentation of findings to the Planning Commission and/or the City
Council. Certain other telecommunications engineering services may be included as
well.
While the City manages the agreement with CTC Technology, the cost of its services is
paid for by the wireless permit applicants through the posting of a trust deposit.
I_1itA4:1kV,1ILVA 3
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Direct Staff to modify the scope of the project and renegotiate the services
needed.
2. Take other action as deemed appropriate by the City Council.
2
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and
Columbia Telecommunications Corporation d/b/a CTC Technology & Energy, a Maryland
corporation ("Consultant") is effective as of the day of 12017.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services
dated August 4, 2017 ( "Agreement") whereby Consultant agreed to provide analysis of wireless
tower applications materials for a maximum of 12 applications (the "Services"), for a maximum
contract sum of $24,000.
B. City and Consultant now desire to amend the Agreement to extend the services
through August 4, 2018, and to increase the Contract Sum by $132,050, for a total Contract Sum of
$156,050.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted language
is shown in s*r-iket r -et and added language in bold italics.
(a) Section 2. 1, Contract Sum, is amended to read as follows:
"For the services rendered pursuant to this Agreement, Consultant shall be
compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit
"C" and incorporated herein by this reference, but not exceeding the maximum contract
amount of Twenty T: ouf Thousand Dollars ($24,4nmOne Hundred Fifty Six Thousand and
Fifty Dollars ($156,050) ("Contract Sum"), which Contract Sum will be drawn directly
from the trust deposits for each wireless facility application."
(b) Section 3.4, Term, is amended as follows:
"Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not
exceeding sixty «n' daysone (1) year from the effective date fof the Agreement,
except as otherwise provided in the Schedule of Performance (Exhibit "D"). The Agr-eem
may be amended to inelude additional Setwiees, for- a maximum Tet:m of one (1) .No
additional amendments are provided for in the Agreement."
(c) Section I of Exhibit "A", Scope of Services, is amended as follows:
"Consultant will provide telecommunications engineering consulting services
(the "Services") as follows:
A-1
A. Analysis of AT&T and Verizon wireless tower applications materials of
minimum two and maximum 455 sites for the purpose of determining the
accuracy of applicant -claimed technical service objectives and the extent to
which proposed wireless sites are necessary for covering gaps in coverage
and the significance of such gaps. Each application analysis may include:
1. Site visits, when necessary as determined by the Contract Officer.
2. Presentation of findings to the Planning Commission or the City
Council, as directed by the Contract Officer, including integration of
additional information or reports as directed by the Commission or Council.
3. Attendance at City staff and/or Planning Commission meetings.
4. Any other telecommunications engineering services requested by the
Contract Officer."
(d) The table in Section I of Exhibit "C", Schedule of Compensation, is replaced
with the following:
01203.0006/412475.1
(e) Exhibit "C-1" Schedule of Rates is replaced with the following:
Labor Category
Hourly
Rate
RATE/APPLICATION
UNIT
SUB-
$160
Senior Project Analyst / Engineer
$150
NUMBER
BUDGET
A.
AT&T Wireless
$1,500 - $2,000
4-240-55
$48,000
tower application
24,00085,000
analysis,
report/presentation
B.
Verizon Wireless
$1,500 - $2,000
24-32
$48,000
tower application
analysis,
re ort✓ resentation
C.
Travel expenses
$23,050
TOTAL
$156,050
01203.0006/412475.1
(e) Exhibit "C-1" Schedule of Rates is replaced with the following:
Labor Category
Hourly
Rate
Director of Business Consulting / Engineering
$170
Principal Analyst / Engineer
$160
Senior Project Analyst / Engineer
$150
Senior Analyst / Engineer
$140
Staff Analyst / Engineer
$130
-2-
A-2
Communications/ Engineer Aide I$75
2. Continuing Effect of Agreement. Except as amended by this Amendment, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the
date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean
the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not
in default of any material term of the Agreement and that there have been no events that, with the
passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant
is not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does
not violate any provision of any other Agreement to which said party is bound.
01203.0006/412475.1
[SIGNATURES ON FOLLOWING PAGE]
-3-
A-3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Dave Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Brian Campbell, Mayor
CONSULTANT:
Columbia Telecommunications Corporation
d/b/a CTC Technology & Energy, a Maryland
corporation
2812
LOW
Name: Joanne S. Hovis
Title: President
Name: Joanne S. Hovis
Title: Secretary
Address: 10613 Concord Street
Kensington, MA 20895
Telephone : 301-933-1488
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/412475.1
KI
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2017 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01203.0006/412475.1
A-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2017 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑■
1
TITLE(S)
PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01203.0006/412475.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
1 o
ctc technology & energy
engineering & business consulting
October 3, 2017
Mr. Charles Eder, PE
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Via email: CharlesE@rpvca.gov
Subject: Proposal to evaluate additional AT&T applications for the construction of wireless
facilities
Dear Charles:
As we discussed, CTC Technology & Energy proposes to continue evaluating the applications
AT&T has filed to construct wireless facilities in the City of Rancho Palos Verdes. This proposal
encompasses the additional budget required for our evaluation of AT&T applications above and
beyond the City's initial approved budget for our review of AT&T applications through September
2017. We will perform this work through the end of 2017.
Statement of Work
CTC proposes to continue providing the following services as they relate to applications filed by
AT&T:
• Analysis of wireless tower applications materials of sites for the purpose of determining
the accuracy of applicant -claimed technical service objectives and the extent to which
proposed wireless sites are necessary for covering gaps in coverage and the significance
of such gaps. Each application analysis may include:
o Site visits, when necessary as determined by the Contract Officer.
o Presentation of findings to the Planning Commission or the City Council, as
directed by the Contract Officer, including integration of additional information or
reports as directed by the Commission or Council.
o Attendance at City staff and/or Planning Commission meetings.
• As part of the services, CTC will prepare and deliver:
ColurntpEa Telecommunications Corpuration
w613 Concord Street ■ Kensingt0n, MD 20895 ■ Tel. 301-933-1488 b Fax, 301-933-3340 • www.ctenet.us
CTC Proposal
o Reports, maps, charts, or any other documentation or presentations, as necessary,
to identify the site-specific technical service objectives and the extent to which
proposed wireless sites are necessary for covering gaps in coverage and the
significance of such gaps.
• CTC will keep the City updated on the status of performance by delivering email updates
to the Contract Officer as requested.
Any other telecommunications engineering services requested by the Contract Officer.
Fees and Terms
We will bill our work on a time -and -materials basis.
The City initially approved a budget of $24,000 for this work through September 2017. With the
City's approval, we have billed to date a total of $49,885 for professional fees related to reviewing
AT&T applications.
We have reviewed the City's current backlog of pending AT&T applications and estimate that to
review all AT&T applications will require a budget of approximately $85,000, exclusive of travel.
This total required budget represents an increase of $59,000 over our initial contracted budget.
We will bill separately for travel costs related to application review (which will include air travel,
food, lodging, and local transportation). We have billed $8,650.80 in travel expenses for the work
we have completed so far; we estimate the travel expenses necessary to complete the additional
work will be approximately $6,100.
In summary, this proposal requests an expansion of the existing contract from $24,000 to
$85,000 for professional fees, and from $8,700 to $14,750 in travel expenses.
If expert testimony is required, we will bill separately for the travel and time necessary to attend
any public meetings.
Labor Category
Hourly
Rate
Director of Business Consulting / Engineering
$170
Principal Analyst / Engineer
$160
Senior Project Analyst / Engineer
$150
Senior Analyst / Engineer
$140
Staff Analyst / Engineer
$130
Communications / Engineer Aide
$75
CTC's billing rates are inclusive of all routine expenses including administrative, accounting, site
inspection travel, computer support, telephone calls, and photocopying. Non -routine expenses,
CTC Proposal
such as long distance travel, are recovered at direct cost with no mark-up. Payment is due within
thirty (30) days of invoice.
Please let me know if you need additional information or have any questions regarding our work.
We look forward to the opportunity to continue working with the City on this matter.
Regards,
Lee Afflerbach, P.E. I Project Manager
ctc technology & energy
engineering & business consulting.
October 3, 2017
Mr. Charles Eder, PE
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Via email: CharlesE@rpvca.gov
Subject: Proposal to evaluate Crown Castle/Verizon applications for the construction of wireless
facilities
Dear Charles:
As we discussed, CTC Technology & Energy proposes to evaluate the applications Crown
Castle/Verizon has filed to construct wireless facilities in the City of Rancho Palos Verdes. This
proposal encompasses a range of tasks identical to our ongoing review of AT&T applications.
Statement of Work
CTC proposes to provide the following services as they relate to applications filed by Crown
Castle/Verizon:
• Analysis of wireless tower applications materials of sites for the purpose of determining
the accuracy of applicant -claimed technical service objectives and the extent to which
proposed wireless sites are necessary for covering gaps in coverage and the significance
of such gaps. Each application analysis may include:
o Site visits, when necessary as determined by the Contract Officer.
o Presentation of findings to the Planning Commission or the City Council, as
directed by the Contract Officer, including integration of additional information or
reports as directed by the Commission or Council.
o Attendance at City staff and/or Planning Commission meetings.
As part of the services, CTC will prepare and deliver:
o Reports, maps, charts, or any other documentation or presentations, as necessary,
to identify the site-specific technical service objectives and the extent to which
proposed wireless sites are necessary for covering gaps in coverage and the
significance of such gaps.
Colurnbla Telecommunications corpocation
10613 Concord Street ■ KensEngt0n, MD 20895 ■ Tel. 301-933-1488 b Fax, 301-933-3340 • www.ctcneLus
CTC Proposal
• CTC will keep the City updated on the status of performance by delivering email updates
to the Contract Officer as requested.
Any other telecommunications engineering services requested by the Contract Officer.
Fees and Terms
The work described above will be billed on a time -and -materials basis. We have reviewed the
City's pending Crown Castle/Verizon applications and estimate that to review all of the pending
applications will require a budget of approximately $48,000, exclusive of travel, through the end
of 2017.
We will bill separately for travel costs related to application review (which will include air travel,
food, lodging, and local transportation). We estimate the travel expenses for this work at $8,300.
Similarly, if expert testimony is required, we will bill separately for the travel and time necessary
to attend any public meetings.
Labor Category
Hourly
Rate
Director of Business Consulting / Engineering
$170
Principal Analyst / Engineer
$160
Senior Project Analyst / Engineer
$150
Senior Analyst / Engineer
$140
Staff Analyst / Engineer
$130
Communications / Engineer Aide
$75
CTC's billing rates are inclusive of all routine expenses including administrative, accounting, site
inspection travel, computer support, telephone calls, and photocopying. Non -routine expenses,
such as long distance travel, are recovered at direct cost with no mark-up. Payment is due within
thirty (30) days of invoice.
Please let me know if you need additional information or have any questions regarding our work.
We look forward to the opportunity to continue working with the City on this matter.
Regards,
Lee Afflerbach, P.E. I Project Manager