HomeMy WebLinkAboutAgenda CC 09.22.2009Council Meeting Date: September 22, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Discussion and possible action to execute an agreement between the City of Georgetown
and Clear Wireless LLC for the lease of antenna and equipment space at the James Street elevated
storage tank in the amount of $29,000.00. — Glenn Dishong, Water Services Director & Jim Briggs,
ACM for Utility Operations
ITEM SUMMARY:
Representatives for Clear Wireless, LLC, (Clear Wireless) are proposing the installation of
antenna arrays on the water tank catwalk railing and associated support equipment on the ground
within the fenced area of the tank.
Clear Wireless was required to perform a structural assessment and an interference study to
ensure that the antennas could be supported by the tower railing and that the antennas would not
interfere with the operation of the existing RF equipment. The studies indicate that the railings will
support the antenna loading and the RF study is in progress.
The terms of the agreement require a one time payment of $2,500 upon contract execution
and an annual payment of $29,000 upon completion of construction and thereafter for an initial term
of 5 years. Clear Wireless has the right to extend the contract for four (4) additional terms of five (5)
years each with the lease price to be escalated by 15% for each succeeding term.
GUS BOARD RECOMMENDATION:
N/A
Staff recommends approval of the contract between Clear Wireless, LLC and the City of
Georgetown.
FINANCIAL IMPACT:
Increase in Annual Revenue to the Water Fund of $29,000.00
None
ATTACHMENTS:
Proposed Agreement
Submitted By: Glenn W. Dishong,
Water Services Director
Jim Briggs,
Asst City Manager
For Utility Operations
TX-AUS146
ELEVATED TANK LICENSE AGREEMENT WITH OPTION
TIES ELEVATED TANK LICENSE AGREEMENT WITH OPTION ("License Agreement") is
entered into this day of 2009 ("Effective Date") by and between City of
Georgetown, Texas, a Texas home rule municipality ("City") and Clear Wireless, LLC, a Nevada limited
liability company ("Licensee").
Option for Non -Exclusive License.
(a) In consideration of the payment of Two Thousand - Five Hundred and No/100
Dollars ($2500.00) (the "Option Fee") by Licensee to City, City hereby grants to Licensee an option for
a non-exclusive license to use a portion of the real property, which is described in the attached Exhibit A
(the "Property"), including space on an existing elevated tank (the "Tank") located upon such real
property, on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial
term of six (6) months, commencing on the Effective Date (as defined above) (the "Option Period").
(b) During the Option Period and any extension thereof, and during the term of this
License Agreement, City agrees to cooperate with Licensee in obtaining, at Licensee's expense, all
licenses and permits or authorizations required for Licensee's use of the Premises ( as defined below)
from all applicable government and/or regulatory entities (including, without limitation, zoning and land
use authorities, and the Federal Communication Commission ("FCC") (the "Governmental Approvals"), ,
and City agrees to cooperate with and to allow Licensee, at no cost to City, to obtain a title report, zoning
approvals and variances, and land -use permits, and City expressly grants to Licensee a right of access to
the Property to perform surveys, soils tests, and other engineering procedures or environmental
investigations on the Property, necessary to determine that Licensee's use of the Premises as defined
below will be compatible with Licensee's engineering specifications, system design, operations and
Governmental Approvals. During the Option Period and any extension thereof, Licensee may exercise
the Option by providing written notice to the City not less than fourteen days prior to commencing
installation of the Communications Facilities (as defined below).
(c) If Licensee exercises the Option, then, subject to the following terms and
conditions, City hereby grants to Licensee a non-exclusive right and license (the "License") for the use of
that portion of the Property and Tank sufficient for placement of Communications Facilities (as defined
below), together with all necessary space for access and utilities, as generally described and depicted in
the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises is located
1303 James Street, Georgetown, Texas 75626 and comprises approximately 200 square feet. Licensee's
location on the Tank shall be at 105 feet above ground level.
2. Term. The initial term of the License shall be five (5) years commencing on the date of
the exercise of the Option (the "Commencement Date"), and terminating at midnight on the last day of
the initial term (the "Initial Term").
3. Permitted Use. The Premises may be used by Licensee for the transmission and
reception of radio communication signals and for the construction, installation, operation, maintenance,
repair, removal or replacement of related facilities, and only those antennas, microwave dishes, global
positioning system antennas, equipment shelters and/or cabinets and related activities as identified on
Exhibit C (the "Communications Facilities"). The installation by Licensee of any other equipment of
whatever nature at the Premises or on the Tank must be pre -approved by City prior to such installation.
4. Fees and Charges.
(a) Licensee shall pay City, an annual license fee in the amount of Twenty Nine
Thousand and No/100 Dollars ($29,000.00) per year ("License Fee"). The License Fee shall be payable
on the first day of the first month following the Commencement Date, and thereafter the License Fee will
be payable annually on the anniversary of the Commencement Date to City at the address specified in
Section 12 below.
(b) Licensee shall reimburse the City for the costs incurred by the City for labor,
services, equipment, and materials used for escorting, supporting, assisting, or coordinating Licensee's
use of the Premises. Licensee shall pay all such amounts to the City within thirty days of receipt of an
invoice from the City showing the costs incurred by the City.
5. Renewal.
(a) Subject to a party's right to provide notice of non -renewal under Subsection 5(b)
and provided that Licensee is not in default under this License, Licensee shall have the right to extend
this License for up to four (4) additional five (5) year terms ("Renewal Term"). Each Renewal Term
shall be on the same terms and conditions as set forth herein, except that the License Fee shall be
increased by fifteen percent (15%) of the License Fee paid over the preceding term.
(b) This License shall automatically renew for each successive Renewal Term
unless City or Licensee notifies the other, in writing, of such party's intention not to renew this License,
at least sixty (60) days prior to the expiration of the Initial Term or any applicable Renewal Term. If
Licensee shall remain in possession of the Premises at the expiration of this License or any Renewal
Term without a written agreement executed by City and Licensee, such tenancy shall be deemed a
month-to-month tenancy under the same terms and conditions of this License.
6. Interference.
(a) Licensee shall not use the Premises in any way which interferes with the use of
the Property or the Tank by City, or lessees or licensees of the City, with rights in the Property and the
Tank prior in time to Licensee's rights. In the event that Licensee causes electronic interference affecting
the City or a prior authorized third party user or licensee, Licensee shall cooperate in good faith with
the affected party to identify the cause of the interference. If interference is caused by the
Communications Facilities, Licensee shall use its best commercially reasonable efforts to promptly
eliminate the interference, including as necessary the replacement, relocation or modification of the
Communications Facilities. If the interference attributable to the Communications Facilities cannot be
eliminated within thirty (30) days' written notice from City, then either City or Licensee may terminate
this License by written notice to the other party without incurring any liability to the other party by
reason of such termination.
(b) If, subsequent to establishment of non -interfering operation of the
Communications Facilities, Licensee experiences interference (either physical or electronic) caused by
the facilities of a subsequent third party user or licensee or by the modifications of equipment or
operations of a prior third party user or licensee, City agrees to exercise such contractual rights
as it may have with such third party user or licensee concerning elimination of interference;
provided, however, that City shall never be obligated hereunder to file suit against such third party
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user or licensee. If the third party interference cannot be eliminated within a reasonable time,
Licensee may terminate this License by written notice to City without incurring liability to City by
reason of such termination.
(c) The City may use, change, operate, and maintain the Property and the Tank
as it sees fit to provide safe and reliable services to its residents and customers, and shall not be
liable to Licensee for any interference with the maintenance or the operation of Licensee's
Communication Facilities resulting from the City's use, operation, and maintenance of the Property
and the Tank. If the City's use of the Property and the Tank have a material adverse affect on the
operation or use of the Communication Facilities, Licensee shall have the right to terminate this
License Agreement without incurring any liability to the City as a result of such termination. Such
termination shall be effected by written notice to the City.
7. Improvements; Utilities; Access• Tank Maintenance.
(a) Licensee shall have the right, at its expense, to install, erect and maintain on the
Premises improvements, personal property and facilities necessary to operate its communications system,
including, without limitation, radio transmitting and receiving antennas, microwave dishes, global
positioning system antennas, equipment shelters and/or cabinets and related cables, conduits and utility
lines (collectively the "Communications Facilities"). The Communications Facilities shall initially be
configured as set forth in the attached Exhibit C. Licensee shall have the right to replace or upgrade the
Communications Facilities at any time during the term of this License. Licensee shall cause all
construction to occur lien -free and in compliance with all applicable laws and ordinances. The
Communications Facilities shall remain the exclusive property of Licensee. Licensee shall have the right
to remove the Communications Facilities at any time during and upon termination of this License. The
installation by Licensee of any other equipment of whatever nature at the Premises or on the Tank must
be pre -approved by City prior to such installation. All installations shall be subject to noise restrictions
as imposed by City from time to time.
(b) The final plans and precise location of the Communications Facilities (the "Final
Plans") shall be subject to approval by City, which shall not be unreasonably withheld, conditioned or
delayed. City's approval will be deemed to have been given when City signs and returns a copy of the
Final Plans to Licensee. City shall endeavor to review the Final Plans and to provide comments or
approval within ten (10) business days after the Final Plans are delivered to City.
(c) Licensee, at its expense, may use any and all reasonable means of restricting
access to the portions of the Communications Facilities located at ground level, including, without
limitation, the construction of a fence; however, such restriction cannot impede City's access to the Tank,
City's related equipment at the Property or any authorized third party's access to the Tank and Property.
(d) Licensee shall, at Licensee's expense, keep and maintain the Communications
Facilities now or hereafter located on the Property or Tank in commercially reasonable condition and
repair during the term of this License, normal wear and tear and casualty excepted. Upon termination or
expiration of this License, the Premises shall be returned to City in good, usable condition, normal wear
and tear and casualty excepted.
(e) Licensee shall have the right to install utilities, at Licensee's expense, and to
improve the present utilities on the Property (including, but not limited to, the installation of emergency
power generators) reasonably necessary to provide service to the Communications Facilities. City agrees
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to use reasonable efforts to assist Licensee to acquire such utility service. Licensee shall, wherever
practicable, install separate meters for utilities used on the Property. In the event separate meters are not
installed, Licensee shall pay the periodic charges for all utilities attributable to Licensee's use. City shall
diligently correct any variation, interruption or failure of utility service.
(f) The License granted herein includes the rights for ingress, egress, utilities and
access (including access for the purposes described in Section 1) to the Premises adequate to install and
maintain utilities, which include, but are not limited to, the installation of power and telephone service
cable, and to service the Premises and the Communications Facilities at all times during the Initial Term
of this License or any Renewal Term.
(g) Licensee shall have 24-hours-a-day, 7-days-a-week access to the Premises at all
times during the Initial Term of this License Agreement and any Renewal Term. Licensee acknowledges
that the Property is located within a residential area of the City. Licensee shall use reasonable efforts to
conduct all construction, maintenance, and repair activities during the hours of 7:00 a.m. — 7:00 p.m.,
C.S.T., Monday through Saturday, except in the event of emergency or outage repairs, which may be
conducted at other times as required to restore or maintain service.
(h) The costs of maintaining the Tank shall be borne by City with the exception of
Licensee's Communications Facilities and except for damage to the Tank caused by Licensee or
Licensee's agents, employees, contractors or subcontractors, which shall be home by Licensee. Licensee
shall repair at Licensee's cost any such damage, within forty-eight (48) hours, and to the extent that such
damage cannot be repaired within forty-eight (48) hours, Licensee shall make all efforts to begin such
repair and finish that repair in a timely manner.
(i) Licensee's activities and operations and Communications Facilities shall not
interfere with City's maintenance and repair of the Tank and its lighting system.
0) Periodically, City will require maintenance to the Tank, including re-painting of
the Tank. At such times, City shall work with Licensee to minimize the impact to Licensee. During such
period of time, Licensee shall have the right to place or operate a temporary cellular site on wheels
(commonly referred to as a "COW") on the Property in a location reasonably acceptable to City.
(k) Licensee, its employees, subcontractors, and agents shall comply with all
applicable federal and state laws, the charter and ordinances of the City of Georgetown, Texas, and all
applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and
agencies. Licensee shall further obtain and maintain all permits and licenses required, if any, for the
performance of any activities authorized under this License Agreement.
8. Termination. Except as otherwise provided herein, this License may be terminated,
without any penalty or further liability on the terminating party as follows:
(a) upon thirty (30) days written notice by City if Licensee fails to cure a default for
payment of amounts due under this License within that thirty (30) day period;
(b) upon thirty (30) days written notice by either party if the other party commits a
non-monetary default and fails to cure or commence a cure of such default within that thirty (30)-day
period and diligently pursues such cure, or such longer period as may be reasonably required to diligently
complete a cure commenced within that thirty(30)-day period;
(c) immediately if Licensee notifies City of unacceptable results of any title report,
environmental or soil tests prior to Licensee's installation of the Communications Facilities on the
Premises, or if Licensee is unable to obtain, maintain, or otherwise forfeits or cancels any license
(including, without limitation, an FCC license), permit or Governmental Approval necessary to the
installation and/or operation of the Communications Facilities or Licensee's business;
(d) upon thirty (30) days written notice by Licensee if it determines that the
Premises are not appropriate or suitable for its operations for economic, environmental or technological
reasons;
(e) immediately upon written notice by Licensee if it is unable to occupy and utilize
the Premises due to a ruling or directive of the FCC or other governmental or regulatory agency,
including, without limitation, a take back of channels or change in frequencies;
(f) immediately upon written notice by Licensee if the Premises or the
Communications Facilities are destroyed or damaged so as in Licensee's reasonable judgment to
substantially and adversely affect the effective use of the Communications Facilities. In such event, all
rights and obligations of the parties shall cease as of the date of the damage or destruction, and, as
Licensee's sole remedy, Licensee shall be entitled to a prorated refund of any License Fees prepaid by
Licensee. If Licensee elects to continue this License, then all License Fees shall abate until the Premises
and/or Communications Facilities are restored to the condition existing immediately prior to such
damage or destruction;
(g) at the time title to the Property or Tank transfers to a condemning authority,
pursuant to a taking of all or a portion of the Tank sufficient in Licensee's determination to render the
Premises unsuitable for Licensee's use. City and Licensee shall each be entitled to pursue their own
separate awards with respect to such taking. Sale of all or part of the Property or the Tank to a purchaser
with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by
condemnation; or
(h) by the City upon one hundred twenty (120) days written notice to Licensee if the
City reasonably determines that this License Agreement would adversely affect the tax-exempt
status of its utility system bonds. In the event of a termination under this subsection, as Licensee's
sole remedy, the City agrees to refund a prorated portion of the current year's License Fee and to
reimburse Licensee its reasonable and actual costs incurred to remove its facilities from the
Premises.
9. Taxes. Licensee shall pay any personal property taxes assessed on, or any portion of
such taxes directly attributable to, the Communications Facilities. Licensee acknowledges that the City
is exempt from payment of taxes. In addition to the Licensee Fee, Licensee shall pay City, if and when
due, any sales, use, real estate, personal property or other taxes or assessments which are assessed or due
by reason of this License or Licensee's use of the Premises hereunder. If taxation of the Premises is the
result of Licensee's use and the use of other licensees, then Licensee shall pay its pro -rata share of such
taxes.
10. Insurance and Subrogation.
(a) During the term of this License, Licensee shall at all times carry insurance
with companies duly licensed to provide insurance in the State of Texas to protect Licensee and
the City against any and all losses, injuries, damages, claims, demands, actions, judgments, costs,
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expenses, or liabilities of every kind which may arise, directly or indirectly, from or by reason of
Licensee's activities on the Property or the Premises. At a minimum, Licensee shall carry and
maintain the following insurance coverages and shall furnish the City certificates of insurance as
evidence thereof:
(i) Commercial General Liability Insurance of One Million and No/100 Dollars
($1,000,000.00) per occurrence and in an aggregate amount not less than One Million and No/100
Dollars ($1,000,000.00). Licensee may satisfy this requirement by obtaining the appropriate endorsement
to any master policy of liability insurance Licensee may maintain.
(ii) Worker's Compensation coverage with statutory benefits as set forth in the
Texas Worker's Compensation Act and Employer's Liability coverage of not less than Two
Hundred Fifty Thousand and No/100 Dollars ($250,000.00) bodily injury per accident, Five
Hundred Thousand and No/100 Dollars ($500,000.00) bodily injury per disease and Two Hundred
Fifty Thousand and No/100 Dollars ($250,000.00) per disease per employee;
(iii) Business Automobile Liability Insurance for all owned, non -owned and hired
vehicles with a minimum combined single limit of One Million and No/100 Dollars ($1,000,000.00);
and
(iv) Property Damage Liability Insurance of One Million and No/100 Dollars
($1,000,000.00) per occurrence and in an aggregate amount not less than One Million and No/100
Dollars ($1,000,000.00)
(b) The Commercial General Liability Insurance policies shall name the City as
an additional insured. Each policy shall contain an endorsement obligating the insurer to notify the
City at least thirty days before any non -renewal, cancellation or material change in coverage. The
"other insurance" clause shall not apply to the City; it being the intention of the parties that the
above policies covering Licensee and the City shall be considered primary coverage. Each policy
shall contain a waiver of all rights of recovery or subrogation against the City, its officers, agents,
employees, and elected officials.
(c) If any contractor performs any work or services for Licensee under this
License, such contractor shall be required to carry insurance to the same extent as provided above
as a condition of being granted access to the Property or the Premises.
11. Hold Harmless and Limitation of Liability.
(a) Licensee hereby agrees to indemnify, defend and hold City and its agents,
contractors, employees, officers, and directors, harmless from and against any and all claims, damages,
losses and expenses, including but not limited to attorneys' fees and disbursements, arising out of or
resulting from any claim, action or other proceeding (including without limitation any proceeding by any
of Licensee's employees, agents or contractors) that is based upon (a) Licensee's breach of this License,
(b) the conduct or actions of Licensee within or outside the scope of this License, or (c) any negligent act
or omission or willful misconduct of Licensee; REGARDLESS IF THE CLAIM OR DAMAGES ARE
CAUSED BY THE STRICT LIABILITY OR CONCURRENT NEGLIGENCE (BUT NOT THE SOLE
NEGLIGENCE OR WILLFUL MISCONDUCT) OF CITY OR ITS AGENTS, CONTRACTORS,
EMPLOYEES, OFFICERS, AND DIRECTORS.
M
(b) THE CITY SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO
LICENSEE'S COMMUNICATIONS FACILITY OR OTHER PROPERTY OWNED BY LICENSEE
UNLESS CAUSED BY THE CITY'S WILLFUL MISCONDUCT. LICENSEE AGREES TO
RELEASE, DEFEND, AND INDEMNIFY THE CITY, ITS DIRECTORS, OFFICERS, EMPLOYEES
AND AGENTS WITH RESPECT TO CLAIMS OR CAUSES OF ACTION FOR LOSS OR DAMAGE
TO LICENSEE'S COMMUNICATIONS FACILITY OR OTHER PROPERTY OWNED BY
LICENSEE UNLESS SUCH LOSS OR DAMAGE IS CAUSED BY THE CITY'S WILLFUL
MISCONDUCT. THE FOREGOING RELEASE AND INDEMNITY OBLIGATIONS OF LICENSEE
SHALL APPLY NOTWITHSTANDING THE NEGLIGENCE OR STRICT LIABILITY OF AN
INDEMNIFIED PARTY OR RELEASED PARTY.
(c) NO PARTY AND NO OFFICER OR EMPLOYEE OF A PARTY SHALL BE LIABLE
UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY SPECIAL INDIRECT, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE,
LOST PROFITS, COST OF CAPITAL, OR CLAIMS OF CUSTOMERS, REGARDLESS IF SUCH
DAMAGES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT
LIABILITY OF SUCH PARTY OR SUCH OFFICER OR EMPLOYEE OF SUCH PARTY.
12. Notices. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or sent by for next -business -day delivery by a nationally recognized overnight carrier to the
following addresses:
If to Licensee, to:
With a copy to:
If to City, to:
Clear Wireless LLC
Clear Wireless LLC
Attn: Site Leasing
Attention: Legal Department
City of Georgetown
4400 Carillon Point
4400 Carillon Point
ATTN: City Manager
Kirkland, WA 98033
Kirkland, WA 98033
P.O. Box 409
Telephone: 425-216-7600
Telephone: 425-216-7600
Georgetown, Texas 78627
Fax: 425-216-7900
Fax: 425-216-7900
Email:
siteleasin clearwire.com
13. Title and Authority. City covenants and warrants to Licensee that (i) City has full right,
power and authority to execute this License; (ii) it has good and unencumbered title to the Property and
the Tank free and clear of any liens or mortgages; and (iii) execution and performance of this License
will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other
agreement binding on the City.
14. Environmental Laws. Licensee shall not introduce or use any Hazardous Substance on
the Property in violation of any applicable law. Licensee shall not generate, store, discharge, or
dispose of any Hazardous Substance on, under, about, or within the Property or the Premises.
In the event Licensee releases, spills, or discharges a Hazardous Substance, Licensee, at Licensee's
sole cost, shall promptly remediate all affected areas including, without limitation, the Property and
the Premises, to background levels in full and complete compliance with all applicable laws, rules,
ordinances and regulations. As used herein, Hazardous Substance shall mean any substance,
product, waste or other material of any nature that is or becomes listed or regulated under any
Federal, State or local law, rule, regulation or ordinance concerning hazardous, toxic or
dangerous substances, wastes or materials including, but not limited to the Comprehensive
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Environmental Response, Compensation and Liability Act ("CERCLA"), (42 U.S.C. § 1801, et seq.),
the Resource Conservation and Recovery Act ("RCRA"), (42 U.&C. '6901 et seq.), the Hazardous
Substances Act ("HSA"), (15 U.S.C. §1261 et seq.), the Toxic Substances Control Act ("TSCA"), (15
U.S.C. §2601 et seq.), the Hazardous Substances Act, (Texas Health and Safety Code §501.001 et
seq.),and the Water Quality Control Act, (Texas Water Code §26.001 et seq.). LICENSEE SHALL
DEFEND, INDEMNIFY AND HOLD CITY HARMLESS FROM ALL CLAIMS, DEMANDS,
FINES, SUITS, ACTIONS, JUDGMENTS AND LIABILITY (INCLUDING BOTH CIVIL AND
CRIMINAL) AND ALL COSTS OF LITIGATION, ATTORNEY'S FEES AND COURT COSTS, TO
THE FULL EXTENT ARISING OUT OF OR CONCERNING THE USE, GENERATION, STORAGE,
DISPOSAL, DISCHARGE, OR CLEAN-UP OF HAZARDOUS SUBSTANCES BY LICENSEE ON
THE PREMISES; provided however Licensee's obligation to defend, indemnify, and hold City harmless
shall not apply to a Hazardous Substance that was existing on the Property prior to the Effective Date or
a Hazardous Substance brought to the Property by the City or a third party, unless Licensee negligently
releases, spills, or discharges such Hazardous Substances. The indemnification in this section
specifically includes, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any governmental authority.
This Section 14 shall survive the termination or expiration of this License.
15. Assignment and Sublicensing.
(a) Licensee may assign this License in its entirety only upon the prior written
approval of City, which approval will not be unreasonably withheld, conditioned or delayed; provided
that Licensee may assign this License to a parent, affiliate, subsidiary or purchaser of all or substantially
all of Licensee's assets upon prior written notice to Landlord. Upon obtaining the City's consent and
provided that the assignee executes a written assumption of all of Licensee's obligations under this
License in a form acceptable to the City, after such assignment, Licensee shall be relieved of all
liabilities and obligations hereunder and City shall look solely to the assignee for performance under this
License and all obligations hereunder. Licensee shall not partially assign this License, grant
sublicenses to third parties, or share the Communications Facilities with third parties without the
prior written consent of City, which consent City may withhold or condition, in City's sole
discretion.
(b) Additionally, Licensee may, upon notice to City, mortgage or grant a security
interest in this License and the Communications Facilities, and may assign this License and the
Communications Facilities to any mortgagees or holders of security interests, including their successors
or assigns (collectively "Mortgagees"), provided such Mortgagees interests in this License are subject to
all of the terms and provisions of this License. In such event, City shall execute such consent to
financing as may reasonably be required by Mortgagees. City agrees to notify Licensee and Licensee's
Mortgagees simultaneously of any default by Licensee and to give Mortgagees the same right to cure any
default as Licensee or to remove any property of Licensee or Mortgagees located on the Premises, except
that the cure period for any Mortgagees shall not be less than thirty (30) days after its receipt of the
default notice, as provided in Section 8 of this License. All such notices to Mortgagees shall be sent to
Mortgagees at the address specified by Licensee. Failure by City to give Mortgagees such notice shall
not diminish City's rights against Licensee, but shall preserve all rights of Mortgagees to cure any default
and to remove any property of Licensee or Mortgagees located on the Premises as provided in Section 17
of this License.
(c) The City may assign this License in whole or in part without the consent of
Licensee to a successor utility service provider acquiring (by merger, sale or otherwise) the Tank or
the Property occupied by the Communication Facilities, where transfer is subject to Licensee's
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rights hereunder. City shall give Licensee written notice of the transaction within ten days after
closing.
16. Successors and Assians. This License shall be binding upon and inure to the benefit of
the parties, their respective successors, representatives, and assigns.
17. Waiver of City's Lien; Removal of Communications Facilities. City hereby waives any
and all lien rights it may have, statutory or otherwise concerning the Communications Facilities or any
portion thereof, which shall remain Licensee's personal property for the purposes of this License,
whether or not the same is deemed real or personal property under applicable laws, and provided that
Licensee repairs any damage to the Property or the Tank caused by the removal and restores the
Property and the Tank to its original condition, ordinary wear and tear excluded, City gives Licensee
and Mortgagees the right to remove all or any portion of the same from time to time, whether before or
after a default under this License, in Licensee's and/or Mortgagee's sole discretion and without City's
consent. If Licensee does not remove the Communications Facilities within sixty (60) days after the
expiration or termination of this License, Licensee's Communications Facilities shall be conclusively
deemed to be abandoned and shall become City's property and City may remove and/or dispose of such
Communications Facilities as City sees fit, all at Licensee's cost and expense.
18. Security. During the term of this License Agreement, the City shall have the right to
require Licensee to conduct a background check and verify identity on all of Licensee's employees or
contractors that will have access to the Property and the Premises. The background check information
shall be submitted to the City's representative within fifteen (15) working days of the first request by the
City, and thereafter, prior to allowing access by any new employees or contractors. The City reserves the
right to refuse access to the Property and the Premises by any employee or contractor of Licensee.
19. Miscellaneous
(a) The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorneys' fees and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after request,
such truthful estoppel information about the License as the other may reasonably request.
(c) This License Agreement constitutes the entire agreement and understanding of
the parties, and supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this License Agreement must be in
writing and executed by both parties.
(d) Each party agrees to cooperate with the other in executing any documents
(including a Memorandum of License Agreement in substantially the form attached as Exhibit D)
necessary to protect its rights or use of the Premises. The Memorandum of License Agreement may be
recorded in place of this License Agreement by either party. Licensee may obtain title insurance on its
interest in the Premises.
(e) This License Agreement shall be construed in accordance with the laws of the
state of Texas. The parties agree that this License Agreement is made and entered into by and between
the parties in Williamson County, Texas. The parties further agree that in the event of litigation, the
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terms of this contract will be enforceable only in a court of competent jurisdiction in Williamson County,
Texas.
(f) If any term of this License Agreement is found to be void or invalid, such finding
shall not affect the remaining terms of this License Agreement, which shall continue in full force and
effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed
modified to the extent necessary to make them enforceable. Any questions of particular interpretation
shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof.
(g) The persons who have executed this License Agreement represent and warrant
that they are duly authorized to execute this License Agreement in their individual or representative
capacity as indicated.
(h) This License Agreement may be executed in any number of counterpart copies,
each of which shall be deemed an original, but all of which together shall constitute a single instrument.
(i) All Exhibits referred herein and any Addenda are incorporated herein for all
purposes. The parties understand and acknowledge that Exhibit A (the legal description of the Property),
Exhibit B (the Premises location within the Property, including the location of the Tank), and Exhibit C
(Description of Communications Facilities), may be attached to this License Agreement and the
Memorandum of License Agreement, in preliminary form. Accordingly, the parties agree that upon the
preparation of Final, more complete exhibits, Exhibits A, B or C, as the case may be, which may have
been attached hereto in preliminary form, may be replaced by Licensee with such final, more complete
exhibit(s). The terms of all Exhibits are incorporated herein for all purposes.
0) If Licensee is represented by any broker or any other leasing agent, Licensee is responsible for
all commission fees or other payments to such Broker, and agrees to indemnify and hold City harmless
from all claims by such broker or anyone claiming through such broker.
IN WITNESS WHEREOF, the undersigned have executed this License Agreement as of the Effective
Date set forth above.
CITY: City of Georgetown, Texas
By:
Printed Name:
Its:
Date:
LICENSEE: Clear Wireless, LLC, a Nevada limited liability company
By:
Printed Name: JOIGJ 4. SjO"u-
Its: VPM07ZJ,99--t T—
Date: .9 4- ogT
E
EXHIBIT A
LEGAL DESCRIPTION OF CITY'S PROPERTY
To the Elevated Tank License with Option dated , 2009,
between City of Georgetown, Texas as City, and Clear Wireless, LLC, a Nevada limited liability
company, as Licensee.
City: Georgetown
State: Texas
County: Williamson
The Property of which the Premises are a part is legally described as follows:
James Street Water Tank, Georgetown, TX
Also known as Williamson County Tax ID # R-20-8700-0071
OUTLOT DIVISION B, BLOCK 11(PT), ACRES .48
11
EXHIBIT B
DESCRIPTION OF PREMISES
To the Elevated Tank License with Option dated '200 ,
between City of Georgetown, Texas as City, and Clear Wireless, LLC, a Nevada limited liability
company, as Licensee.
The location of the Premises within the Property, including the location of the Tank, together with a non-
exclusive license to acces the site and install utilities, more clearly depicted below.
fid-►
Access directly to James Street, with adjacent parking next to compound.
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EXHIBIT C
DESCRIPTION OF COMMUNICATIONS FACHITIES
To the Elevated Tank License with Option dated , 2009,
between City of Georgetown, Texas as City, and Clear Wireless, LLC, a Nevada limited liability
company, as Licensee.
Site Plan and Equipment
Approximately forty-nine (49) square feet of ground space of that Property described in Exhibit A and
space on the Tank including, but not limited to the following:
• 10 antennas including a minimum of three panel antennas (TX/RX), three TMAs
and three
microwave dishes
• One power panel
• One telco box
d
L
More clearly depicted in
the site sketch attached
and on the preceding
"Exhibit B"
13
EXHIBIT D
MEMORANDUM OF LICENSE AND OPTION
To the Elevated Tank License with Option dated , 200_,
between City of Georgetown, Texas as City, and Clear Wireless, LLC, a Nevada limited liability
company, as Licensee.
AFTER RECORDING LICENSE, RETURN TO:
Clear Wireless LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-216-7600
Memorandum of License Agreement and Option
Between City of Georgetown, Texas ("City")
and Clear Wireless, LLC, a Nevada limited liability company ("Licensee")
A Site License with Option ("License") by and between City of Georgetown, Texas ("City") and
Clear Wireless, LLC, a Nevada limited liability company ("Licensee") was made regarding a portion of
the following property:
See Attached Exhibit "A" incorporated herein for all purposes.
The Option is for a term of six (6) months after date of License.
The License is for a term of five (5) years and will commence on the date as set forth in the
License (the "Commencement Date") and shall terminate at midnight on the last day of the month in
which the fifth (5th) anniversary of the Commencement Date shall have occurred. Licensee shall have
the right to extend this License for four (4) additional five (5) year terms.
IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the
date of the last party to sign.
CITY: City of Georgetown, Texas
By:
Printed Name:
Its:
Date:
LICENSEE: Clear Wireless, LLC, a limited liability company
By:
Printed Name:
Its:
Date:
15
STATE OF TEXAS )
) ss.
COUNTY OF WILLIAMSON )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as
of the City of Georgetown, Texas, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Notary Public
Print Name
My commission expires
STATE OF
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that s the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Clear Wireless LLC, a Nevada
limited liability company, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
16
EXHIBIT A
Legal Description
The Property is legally described as follows:
James Street Water Tank, Georgetown, TX
Also known as Williamson County Tax ID # R-20-8700-0071
OUTLOT DIVISION B, BLOCK I I(PT), ACRES .48
17
AFTER RECORDING LICENSE, RETURN TO:
Clear Wireless, LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-216-7600
Memorandum of License Agreement and Option
Between City of Georgetown, Texas ("City")
and Clear Wireless, LLC, a Nevada limited liability company ("Licensee")
A Site License with Option ("License") by and between City of Georgetown, Texas ("City") and
Clear Wireless, LLC, a Nevada limited liability company ("Licensee") was made regarding a portion of
the following property:
See Attached Exhibit "A" incorporated herein for all purposes.
The Option is for a term of six (6) months after date of License.
The License is for a term of five (5) years and will commence on the date as set forth in the
License (the "Commencement Date") and shall terminate at midnight on the last day of the month in
which the fifth (5th) anniversary of the Commencement Date shall have occurred. Licensee shall have
the right to extend this License for four (4) additional five (5) year terms.
IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the
date of the last party to sign.
CITY: City of Georgetown, Texas
By:
Printed Name:
Its:
Date:
LICENSEE: Clear Wireless, LLC, a limited liability company
By:
Printed Name:
Its:
Date:
STATE OF TEXAS )
) ss.
COUNTY OF WILLIAMSON )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as
of the City of Georgetown, Texas, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Notary Public
Print Name
My commission expires
STATE OF
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that s the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Clear Wireless LLC, a Nevada
limited liability company, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
EXHIBIT A
Legal Description
The Property is legally described as follows:
James Street Water Tank, Georgetown, TX
Also known as Williamson County Tax ID # R-20-8700-0071
OUTLOT DIVISION B, BLOCK I I(PT), ACRES .48
MEMORANDUM OF LICENSE AND OPTION
To the Elevated Tank License with Option dated , 2009, between City of
Georgetown, Texas as City, and Clear Wireless, LLC, a Nevada limited liability company, as Licensee.
AFTER RECORDING LICENSE, RETURN TO:
Clear Wireless LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425-216-7600
Memorandum of License Agreement and Option
Between City of Georgetown, Texas ("City")
and Clear Wireless, LLC, a Nevada limited liability company ("Licensee")
A Site License with Option ("License") by and between City of Georgetown, Texas ("City") and Clear
Wireless, LLC, a Nevada limited liability company ("Licensee") was made regarding a portion of the following
property:
See Attached Exhibit "A" incorporated herein for all purposes.
The Option is for a term of six (6) months after date of License.
The License is for a term of five (5) years and will commence on the date as set forth in the License (the
"Commencement Date") and shall terminate at midnight on the last day of the month in which the fifth (5th)
anniversary of the Commencement Date shall have occurred. Licensee shall have the right to extend this License for
four (4) additional five (5) year terns.
IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the date of
the last party to sign.
CITY: City of Georgetown, Texas
By:
Printed Name:
Its:
Date:
LICENSEE: Clear Wireless, LLC, a limited liability company
By: C�n�
Printed Name: John A. Starch
Its: VP, Network Deploymem
Date:
STATE OF TEXAS
) ss.
COUNTY OF WILLIAMSON
1 certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as of the City of
Georgetown, Texas, to be the free and voluntary act of such parry for the uses and purposes mentioned in the
instrument.
Notary Public
Print Name
My commission expires
(Use this space for notary
STATE OF / Vk
COUNTY OF
) ss.
I certify that I know or have satisfactory evidence that s the person who appeared before
me, and said person acknowledged that he sign is instrument, on oath stated that he was authorized to execute
the instrument and acknowledged i[ as the Clear Wireless LLC, a Nevada limited liability company, to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: q m_--
,`���`1� nNlcllfit
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space for notary
Notary 4lic
Print Name Jon! H ISS
My commission expires ' `—,Sl -4 E)
EXHIBIT A
Legal Description
The Property is legally described as follows:
James Street Water Tank, Georgetown, TX
Also known as Williamson County Tax ID # R-20-8700-0071
OUTLOT DIVISION B, BLOCK 11(PT), ACRES .48
Council Meeting Date: September 22, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve Task Order No. KCI -09-002 with Kennedy
Consulting, Ltd., of Georgetown, Texas, for professional engineering services related to Phase II
Engineering Design to develop plans, specifications and estimate (PS&E) for the intersection
improvements of D B Wood Road/Shell Road at Williams Drive in an amount not to exceed $84,500.00 —
Thomas R. Benz, P. E., Systems Engineering Director & Jim Briggs ACM for Utility Operations.
ITEM SUMMARY:
With Road Bond funds approved by voters in November 2008, the City of Georgetown proposes
improvements to the intersection of DB Wood Road/Shell Road and Williams Drive utilizing the services
of Kennedy Consulting, Ltd. (KCI). KCI is substantially completed with Phase 1, Preliminary
Engineering providing environmental clearances, water quality solutions, identification of habitat or
archeological issues, determination of existing rights-of-way (ROW) and if additional ROW or easements
were required and determining the proposed roadway alignment and geometry.
The attached, ensuing Task Order provides for engineering design of the construction plans,
specifications and estimate (PS&E) for the project and includes basic traffic signal layout for coordination
with the Williams Drive reconstruction project utility coordination, WPAP report preparation, PS&E
development and construction phase services. In addition to KCI, the Project Team will include
CoxlMcLain Environmental Consulting, Inc. (environmental investigations), Kimley-Horn & Associates,
Inc. (traffic operation analyses), Inland Geodetics, LP (field surveying), HVJ Associates, Inc. (pavement
design) and American Archaeology Group, LLC (archeological survey). These improvements are
planned to be built and completed concurrently with the Williams Drive widening currently under
construction by Williamson County.
Attached for your review and consideration is Task Order No. KCI -09-002 with Kennedy
Consulting, Ltd., of Georgetown, Texas, in an amount not to exceed $84,500.00.
GTAB BOARD RECOMMENDATION:
This item was unanimously recommended by the GTAB Board for Council approval at the
September 11, 2009, GTAB Board meeting.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. KCI -09-002 with Kennedy Consulting, Ltd., of
Georgetown, Texas, in an amount not to exceed $84,500.00.
FINANCIAL IMPACT:
Attached is the project BOND — Budget and Financial Analysis sheet.
ATTACHMENTS:
DB Wood Intersection Improvements — BOND — Budget and Financial Worksheet
Location Map
Task Order No. KCI -09-002 with Exhibits
qlv'�M r 1S
Submitted By: Thomas R. Benz, P.E. Jim Briggs, ACM for
Systems Engineering Director Utility Operations
PROJECT NAME:
Division/Department:
Prepared By:
BOND- Budgetary and Financial Analysis Worksheet
DATE:
DB Wood Road/Shell Road at Williams
Drive
Intersection Improvements - Phase 11 1130
Systems Engineering Director Approval
Bill Dryden 9/3109 Finance Approval La'Ke09/4/09
TOTAL ANNUAL BUDGET 380,000.00
(Current year only)
Actual Cost Agenda
Encumbrance Item
(A) before aaenda item (B)
101,800.00 84,500.00
of Way
Other Costs
Total Spent
& Encumbered
(A + B)
186,300.00
0.00
0.00
0.00
Total Current Year Costs 101,800.00 186,300.00
Approved
"M14CKAL LCULiCK AL.L,UUN 1 NUMCCK
nc IA1....a IAAA—; .. 4on n nc
GT
Total Budget 380,000.00
TOTAL PROJECT BUDGET 380,000.00
(includes all previous yrs)
Consulting
Right of Way
Construction
Other Costs
Costs
186,300.00
0.00
0.00
0.00
Total Project Costs 1 0.00 1 186,300.00
Comments:
Costs
186,3
C
% Annual
49%
0%
0%
0%
Location Map
DB Wood Road at Williams Drive
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Project Name: DB Wood Rd/Shell Rd ® Williams Drive
Intersection Improvements - Phase II
Engineering Firm Name: Kennedy Consulting, Ltd.
Task Order No. KCI -09-002
Date: 09/01/09
City's Designated Representative — Bill Dryden
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
City of Georgetown Project Number: 1BO
General Ledger Account Number: 120-9-0880-90-082 DB Wood Widening
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
See Exhibit A attached.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work (describe in detail using additional or separate sheets if necessan./):
See Exhibit A attached.
Master Services Agreement — Task Order KCI -09-002
Version 2.26.2009 Page 1
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
❑ Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $ DOLLARS and CENTS.
® Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ EIGHTY FOUR THOUSAND FIVE HUNDRED DOLLARS and ZERO CENTS.
APPROVED:
CITY OF GEORGETOWN
By:
Firm Name:Kenn�edy Consulting, Ltd.
Name:
George G. Garver
Title:
Mayor
Address:
P.O. Box 409
Title:
Georgetown, TX 78627-0409
Phone:
(512)930-3651
Fax:
(512)930-3659
E -Mail:
ms@georgetowntx.org
Date:
September 25, 2009
Master Services Agreement — Task Order KCI -09-002
Version 2.26.2009
PROFESSIONAL
Firm Name:Kenn�edy Consulting, Ltd.
ZGr_7
By:
, . ?SLS
Name:
. Kevin Kennedy, P.E.
Title:
President of G.P.
Address:
204 S. IH 35, Suite 101
Georgetown, TX 78628
Phone:
(512) 864-2833
Fax:
(512)930-0909
E -Mail:
kkenedy@kci-ltd.com
Date:
1— -F —c' 9
Page 2
DB Wood/Williams Drive Intersection
EXHIBIT A
SCOPE OF SERVICES
DB WOOD ROAD/SHELL ROAD AND WILLIAMS DRIVE
INTERSECTION IMPROVEMENTS PROJECT
Project Background
With Road Bond funds approved by voters in November 2008, the City of Georgetown (the
"City") proposes improvements to the intersection of DB Wood Road/Shell Road and Williams
Drive (the "Project") utilizing the services of Kennedy Consulting, Ltd., (the "Engineer") as the
prime consultant with support from the subconsultant team listed below. These improvements
are planned to be built concurrently with the Williams Drive widening currently under
construction by Williamson County. This scope of services includes traffic signal layout, utility
coordination, WPAP Report preparation, PS&E development, and construction phase services.
Project Team Subconsultants
a. Cox IMcLain Environmental Consulting, Inc. (Environmental Investigations)
b. Kimley-Horn & Associates, Inc. (Traffic Operations Analysis)
C. Inland Geodetics, LP (Field Surveying)
d. HVJAssociates, Inc. (Pavement Design)
e. American Archaeology Group, LLC (Archaeological Survey)
Task: WPAP Report Preparation
a. General Information Form
The Engineer will prepare the form as prescribed by TCEQ and provide supporting
documentation.
b. Geologic Assessment
The Engineer will utilize the Geologic Assessment as prepared as part of the
environmental effort and will incorporate it into the WPAP report.
C. Modification of a Previously Approved Plan
If existing WPAP plans exist within the project limits, the Engineer will prepare the form,
coordinate with TCEQ, and supply the supporting documentation.
d. WPAP Application
The Engineer will prepare this form.
Exhibit A
Page 1 of 6
DB Wood/Williams Drive Intersection
e. Temporary Stormwater Section
This part of the WPAP will include the Stormwater Pollution Prevention Plan (SW3P) for
control of erosion and sediment from the project as well as supporting narrative and forms
required by TCEQ.
f. Permanent Storm Water Section
The Engineer will prepare the form. Maintenance Procedure for the selected BMP s will
be prepared by the Engineer and included in this section. The Engineer will include any
required BMP plan sheets for inclusion into WPAP. The Engineer will prepare and
include SW3P and supporting documentation in the WPAP. The Engineer will coordinate
with the City regarding any sheets requiring client's signatures.
g. . Agent Authorization
The Engineer will prepare this form as appropriate for this project.
h. Core Data Form
This form will be prepared in draft form initially and submitted to the City of Georgetown
for review. Adjustments will be made to the form and included in the WPAP document
after review by the City.
1. TCEQ Coordination
The Engineer will submit the report to TCEQ and will coordinate to resolve TCEQ
comments.
Task: Roadway Design
a. Basic Plan Sheets
The Engineer will:
1. Prepare the PS&E Title Sheet.
2. Complete the detailed Index of Sheets that identifies each sheet location in the
plan set, as well as its corresponding sheet number. The Engineer will update
the Index of Sheets throughout the submittal process to allow for easier reference
during the review process.
3. Prepare Benchmark Layout Sheets that clearly indicate the benchmark locations
and associated control information. These sheets will later be sealed by a RPLS
for submittal.
b. Roadway Design
The Engineer will:
1. Develop Proposed Typical Sections Sheets depicting the improvements to DB
Wood and Shell Road. The typical sections shall depict the appropriate
Exhibit A
Page 2 of 6
DB Wood/Williams Drive Intersection
pavement structure as designed during the pavement design report produced in
Phase One.
2. Complete Existing Typical Sections Sheets depicting the existing conditions of
the project roadways, according to information provided by the City of
Georgetown.
3. Complete Roadway Plan and Profile sheets depicting the proposed construction.
Drawings will be prepared at a scale of 1"=40' H and 1"=4' V.
4. Prepare Intersection Detail sheet showing spot elevations and contours.
5. Prepare Curve Data Sheets depicting the horizontal geometric information for
the edges of pavement and/or face of curb to be included in the construction plan
set.
6. Prepare Removal Plan Sheets at a 1"=40' scale. Removal sheets shall clearly
indicate pavement and other pertinent items to be removed.
7. Develop Pedestrian and Bicycle Facilities. All pedestrian facilities must be
designed under the guidelines set forth in the AASHTO Guide for the
Development of Bicycle Facilities in accordance with the American Disabilities
Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards
(TAS). Show sidewalk and locations of ADA compliant route and grade break
information at driveways within the project limits.
8. Develop Sidewalk Plan and Profile sheets depicting the proposed sidewalk
construction.
C. Grading and Details
The Engineer will:
1. Prepare Design Cross Sections at 50 -foot stations and other locations as necessary
for the determination of cut and fill quantities. The Engineer will determine
watersheds of ditches, calculate runoff flow in ditches, and evaluate ditches for
adequate capacity and positive flow.
2. Prepare Driveway Details for each driveway along the project corridor. When
possible these driveways will be defined in a tabular format. Unique driveways
will require individual details defining their construction. We will evaluate and
model existing driveway culverts using HY-8, and will extend or replace existing
driveway culverts as needed, including culvert flowlines and end treatments
with Driveway Details.
3. Develop Driveway Profiles as required for the project. These profiles will be
developed to show driveway tie -back slopes, as well as limits for contractor's
information.
Exhibit A Page 3 of 6
DB Wood/Williams Drive Intersection
4. Develop Miscellaneous Roadway Detail sheets for the project. The sheets will
depict details required that are not defined in City of Georgetown, Williamson
County, or TxDOT standard detail sheets.
d. Vegetative Filter Strips
The Engineer will:
1. Prepare plan sheets delineating the areas of proposed vegetative filter strip,
proposed roadway and ditch contours, and pavement watersheds draining
through each filter strip. These sheets will be included in the WPAP Report and
final PS&E package.
Task: Pavement Signing and Markings
a. Striping Plans
The Engineer shall prepare layouts, specifications, and details for pavement markings.
The Engineer shall provide large sign summary sheets and small sign summary sheets.
The proposed signs shall be illustrated and numbered on plan sheets. In absence of City
standard details, sign foundation shall be selected from TxDOT Standards. Sign poles,
attachments, and details shall be designed per the City of Georgetown recommendations
and standards.
The Engineer shall provide the following information on signing and pavement marking
layouts:
1. Roadway layout.
2. Center line with station numbering.
3. ROW lines.
4. Culverts and other structures that present a hazard to traffic.
5. Existing signs to remain, to be removed, or to be relocated.
6. Proposed signs (illustrated and numbered).
7. The Engineer shall detail permanent and temporary pavement markings and
channelization devices on plan sheets. Pavement markings shall be selected from the
latest TMUCD standards.
8. Proposed markings (illustrated and quantified) which include pavement markings,
object markings and delineation.
9. Direction of traffic flow.
Task: Traffic Signal Layout
a. Preliminary Layout
The Engineer will prepare traffic signal configuration for the project intersection. The
Engineer will provide a signal layout for coordination with the Williams Drive widening
project. The final signal design and construction is not part of this scope but will be
competed under the Williams Drive widening project.
Exhibit A
Page 4 of 6
DB Wood/WiMams Drive Intersection
Task: Miscellaneous
a. Quantities
The Engineer will tabulate quantities for the following: Earthwork, Roadway, Removals,
Pavement markings, Signs, and Drainage related items.
b. Standards, Specifications, and Estimate
The Engineer will:
I. The Engineer will revise and seal any TxDOT, County, or City Standard that requires
modification. All other standards will have their title blocks filled out with the
applicable project data and printed for inclusion in the final plan set.
2. The Engineer shall provide (signed and sealed) any necessary details required to
supplement standard details.
3. Prepare a tabulation of applicable Specifications, Special Specifications and Special
Provisions for submission with the final PS&E package.
4. Review General Notes provided by the City of Georgetown for applicability to the
project. The Engineer will mark-up a set and return it to the City for their inclusion
in the final plan set.
5. Prepare a Construction Cost Estimate at the 60%, 95%, and Final PS&E submittal,
and supply a copy to the City of Georgetown in Microsoft Excel format.
C. Bid Phase Services
The Engineer will prepare the Construction Bid Book and will attend a Pre -Bid
Conference and Pre -Construction Meeting.
d. Construction Phase Services
The Engineer will respond to City/Contractor RFI's, attend various City/Contractor
meetings, and will visit the construction site for field observation as necessary. This
work does not include any construction management, construction inspection, materials
testing, etc.
e. Deliverables
The Engineer will submit three (3)11" X 17" paper copies at the 60%, and 95% submittal.
Final PS&E submittal shall include three (3) 11" X 17" paper copies in addition to the
signed, sealed and dated 11" x 17" Final Mylars including all supporting documentation
and paperwork. The Engineer will submit all design electronic files as well as a PDF file
of the final PS&E package.
Exhibit A
Page 5 of 6
DB Wood/Williams Drive Intersection
Task: General Project Management
a. General Management
The Engineer shall establish and maintain project schedules and budgets, develop
monthly progress reports, prepare invoices and meet with the City and other entities on
an as needed basis for the duration of the project design.
b. Subconsultant Supervision
The Engineer shall establish a schedule for the engineering services to be performed by the
subconsultants at the beginning of the project. The Engineer shall be responsible for the
coordination, supervision, review and incorporation of the subconsultants' work.
C. Project Coordination Meetings
General project coordination shall consist of about four meetings.
d. Utility and Agency Coordination
The Engineer shall coordinate with local utility providers with known facilities in the
project area. The Engineer will coordinate with all necessary Federal, State, and Local
Agencies to verify that all environmental requirements are met.
e. Quality Assurance/Quality Control
The Engineer shall review all work to assure that the work is in accordance with City
requirements and that the work is completed in a timely and efficient manner.
Page 6 of 6
EXHIBIT B
FEE SCHEDULE
FOR
KENNEDY CONSULTING, LTD.
DB WOOD/WILLIAMS DRIVE INTERSECTION IMPROVEMENT
For services describe in the Scope of Services, we request the compensation as detailed
below. Cost breakdowns for engineering services and explanation of expenses are shown on
the following pages.
LUMP SUM AMOUNT
$84,500.00
9/2/2009
Page 1 of 4
EXHIBIT B
Fee Schedule Summary
Kennedy Consulting, Ltd.
DB WoodlWilliams Drive Intersection Improvements
9/212009 Exhibit 5 - Fee Schedule Page 2 of 4
Description of Work or Task
Basic Services
Cost Task
Tofale
Special Services
Cost Task
Table
Task:
WPAP Report Preparation —
511,850.00
Task:
Roadway Design
$14,650.00
Task
Pavement Signing and Markings
$4,740.00
Task
Traffic Signal Layout
$3.750.00
Task
Miscellaneous
$2D.670.00
Task
General Project Management
31$840.00
FEE SCHEDULE SUMMARY
$68,900.00
$15,600.00
TOTAL FEE
$84,500.00
9/212009 Exhibit 5 - Fee Schedule Page 2 of 4
Summary of Manhours by Classification
Kennedy Consulting, Ltd.
DB Wood/Williams Drive Intersection Improvement
Description of Work or Tae k
Project
Manager
$190.001fir
Senior
Prof.1
5145.001Hr
Prof.2
$115.00m,
Prof.1
$90.001Hr
Adminl
Ckdeaf
$66.00111,
SUfl4'
Totek
SUR
CoMJ Task
Tofak
Tisk: MAP Report PUWrsB n
WPAP R.pmt Prcperalkn
6
26
32
32
0
95
5111850.00
MAP Report Pmparat on subUkl:
0
28
32
>S
0
N
X11.660.0
Tast Roadway Design
R Beek Plan Shoals
8
12F224
20
0
56
58.8X10.00
b. Roadway Design
6
10
18
0
48
X5,870.00
a Dmding and Dwele
8
18
24
0d.
Vegetative F81er Snips
2
6
6
0
26
63,120.0Roedvwy
Design Sublekl:
Tuk: leavereent Signing and Marldngs
22
L
60
0
iTb
X24.460.60
a. Serping Plane
4
8
16
0
40
X4,740.00Pavement
5lgnOp arra Markkgs Subtatal:
4
6
16
0
40
K740-00
Tut TrMec Signal Layout
a. Prel.o.,v Layout
Traffic Signal Plane Subtotal:
Task: Mlsoilanaous
e. Duentitie.
b. Standard.. Sped8culoce, and Estimate
e Bid Phase Santos.
d. Construction Phase Services
8
6
2
2
8
20
6
6
4
8
8
20
12
12
8
12
a
0
4
4
10
12
0
0
0
0
0
0
0
0
28
26
24
34
24
40
$3,750.01)
$3.760.00
52780.0
X4,000.00
$3,600.00
60,700.60
a. Delivemblee
2
8
10
10
0
30
53,590.0
MI ... ft.. subtoW
Task: 11eMnl Project MCMgerMrd
34
4S
>0
32
a
152
$20,6711.00
a. Danerel Management
2
4
6
8
2
20
$2.320.00
b. Subconsutiut Supanteion
2
2
4
4
0
12
$1,460.00
e. Project Coordination Mudnge
4
0
0
4
0
8
51,120.00
d, Lefty and Agency Coordination
10
10
8
0
0
28
$4.270.0
e. Closely A ranmrouality Control
a
8
0
0
0
18
$2,6110.0
Direct Pxpe eas
X6,860.00
central Project Manapmeni Subtotal:
26
24
18
N
2
60
318,N0.0
KCI SUMMERY
100
160
169
150
2
676
I X64.608.6
Exhibd B - Fee Schedule Pape 3 0f4
Summary of Direct Expenses
Kennedy Consulting, Ltd.
DB Wood/Williams Drive Intersection Improvements
Item Description
Unit
Quantity Unit Cost
Total Cost
Direct Expenses
1. CADD
Hr
345 $20.00
$8.900.00
II. Mileage
mile
0 $0.55
$0.00
III. Ovemight Mail - letter size
each
4 $.15.00
$80.00
IV. Overnight Mail -oversized box
each
0 $25.00
$0.00
Total Direct Expenses
$6,960.00
9/2/2009 Exhibit B - Fee Schedule Page 4 of 4
DB Wood/Williams Drive Intersection
EXHIBIT C
SCHEDULE
DB WOOD ROAD/SHELL ROAD AND WILLIAMS DRIVE
INTERSECTION IMPROVEMENTS PROJECT
Project Background
With Road Bond funds approved by voters in November 2008, the City of Georgetown
(the "City") proposes improvements to the intersection of DB Wood Road/Shell Road
and Williams Drive (the "Project") utilizing the services of Kennedy Consulting, Ltd.,
(the "Engineer") as the prime consultant. These improvements are planned to be built
concurrently with the Williams Drive widening currently under construction by
Williamson County. The scope of services includes traffic signal layout, utility
coordination, WPAP Report preparation, PS&E development, and construction phase
services.
Base schedule target dates for milestone activities
Notice to Proceed
September 23, 2009
Submit WPAP to TCEQ
October 15, 2009
60% Submittal
November 1, 2009
90% Submittal
December 1, 2009
WPAP Approved
December 1, 2009
100% Submittal - Mylar
December 15, 2009
Final PS&E
December 31, 2009
Exhibit C Page 1 of 1
Council Meeting Date: September 22, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBMCT:
Consideration and possible action for approval of Task Order No. TCI -09-006 with Terracon
Consultants, Inc., of Austin, Texas, for professional engineering services related to Construction
Materials testing for the 2008 Street Rehabilitation Project — Phase ll in an amount not to exceed
$55,000.00 — Thomas R. Benz, P. E., Systems Engineering Director & Jim Briggs, ACM for Utility
Operations.
ITEM SUMMARY:
The reconstruction of the roadways designated in the 2008 Street Rehabilitation Project —
Phase II, reflects a multi-million dollar investment by the City of Georgetown. This task order
provides for independent construction materials testing of the work product to ascertain
compliance with and adherence to the Plans, Specifications and Details set forth in the project. In
addition this will also provide pavement design analysis and consultation.
The project area is Main Street from University to 2181, Ash Street from 15th to W, Mimosa
Street from 16th to 18th, 8'h Street from College to Myrtle,106, Street from Railroad to MLK, Park Lane
from Central to Clay and Central Drive from Park Lane to Northwest. (see attached map).
GTAB BOARD RECOMMENDATION:
This item was unanimously recommended by the GTAB Board for Council approval at the
September 11, 2009, GTAB Board meeting.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. TCI -09-006 with Terracon Consultants, Inc.,
of Austin, Texas, for professional engineering services related to Construction Materials testing for
the 2008 Street Rehabilitation Project — Phase II in the amount of $55,000.00
FINANCIAL IMPACT:
Attached is the project CII' — Budget and Financial Analysis sheet.
ATTACHMENTS:
CIP — Budget and Financial Analysis sheet.
Task Order No. TCI -09-006 (inclusive of rate sheet)
Location Map
.11
Submitted By: Thomas R. Benz, P.E.
Systems Engineering Director
Jim Briggs, ACM for
Utility Operations
CIP- Budgetary and Financial Analysis Worksheet
DATE:
PROJECT NAME: 2008 Street Rehabilitation - Phase II 1 BC 09102/08
Materials testing
Division/Department: Systems Engineering Director Approval
Prepared By: Bill Dryden 09/02109 Finance Approval La'Ke9/3/09
TOTAL ANNUAL BUDGET
55,000.00
0.00
93,350.00
4%
(Current year only)
0.00
0.00
0%
Construction
Actual Cost
Agenda
Total Spent
112%
Other Costs
Encumbrance
Item
& Encumbered
% Annual
(A) before agenda item
B
(A+ B
Budget
Consulting
0.00
0%
Right of Way
0.00
0%
Construction
0.00
0%
Other Costs
55,000.00
55,000.00
100%
Total Current Year Costs
55,000.00
Approved
GENERAL LEDGER ACCOUNT NUMBER CY Budget
100-5-0846-52-806 723, 000.00
Total Budget 1 723,000.00
TOTAL PROJECT BUDGET 2,385,000.00
(includes all previous yrs)
Costs
Total
Consulting
93,350.00
0.00
93,350.00
4%
Right of Way
0.00
0.00
0%
Construction
2,672,552.52
0.00
2,672,552.52
112%
Other Costs
17,769.09
55,000.00
72,769.09
3%
Costs
Comments:
.61
Project Name: 2008 Street Rehabilitation, Phase 2
Engineering Firm Name: Terracon Consultants, Inc.
Task Order No. TCI -09-006
Date: 8/27/09
City's Designated Representative - Joel Weaver
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
Construction Materials Testing of Soil, Base and Asphalt
City of Georgetown Project No. l BC
General Ledger Account No. 100-5-0846-52-806
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
The City of Georgetown shall provide construction plans and specifications, schedule testing
services and select test locations.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
Plans, diagrams, sketches, or maps (the "Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work: (describe in detail using additional or separate sheets if necessary):
Terracon's scope of services includes sampling and laboratory testing of subgrade soils, base and
asphalt, field nuclear moisture -density testing of subgrade and base, and coring and layer
thickness measurements of base and asphalt surface courses.
Master Services Agreement - Task Order TCI -09-006
Version 2.26.2009 Page 1
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
® Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed $55,000 DOLLARS and 0 CENTS.
❑ Luntp Sinn: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ DOLLARS and ZERO CENTS.
APPROVED:
CITY OF GEORGETOWN
By:
Name:
George G. Garver
Title:
Mayor
Address:
PO Box 409
Georgetown, Texas 78627
Phone:
512- 930-3651
Fax:
512-930-3659
E -Mail:
ms@georgetowntx.org
Date:
September 25, 2009
Master Services Agreement — Task Order TCI -09-006
Version 2.26.2009
PROFESSIONAL
0
Inc.
David L. Pickette, P.E.
Principal
5307 Ind. Oaks Blvd, St E
Phone: 512-442-1122
Fax: 512-442-1181
E -Mail: dlpickettCaterracon.corn
Date:
Page 2
lrerracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
January 2008
Personnel
Principal, Officer, per hour ............................................
Senior Engineer, per hour ..............................................
Project Manager, per hour .............................................
Senior Engineering Technician, per hour .......................
Construction Materials Technician, per hour ..................
Transportation
Vehicle, per trip (within 25 miles of Terracon office) .
Mileage (over 25 miles from Terracon office) per mile
................................................. $130.00
......................................... I....... $110.00
................................................. $100.00
................................................... $48.00
................................................... $44.00
............................................. $40.00
........ ....................... I .......... I ... . $0.60
A fuel surcharge may be added if fuel costs increase by more than 10% during the project
duration.
Concrete Field Services
Engineering technician, per hour...................................................................................... $44.00
Engineering technician, overtime rate, per hour............................................................... $66.00
Concrete Tests
Cylinder Compression test (ASTM C 31 & C39) 4" x 8", each .......................................... $14.00
Cylinder Compression test (ASTM C31 & C39) 6"x 12", each ........................................... $19.00
Beam flexural test (ASTM C 293 or C 78), each.............................................................. $50.00
Masonry Field Services
Masonry technician, per hour........................................................................................... $48.00
Masonry technician, overtime rate, per hour.................................................................... $72.00
Compressive strength CMU block (ASTM C 140), each ................................................. $100.00
CMU block absorption only (ASTM C 140), each.............................................................. $75.00
CMU Block prism compressive strength (ASTM C 1314), each ....................................... $250.00
Compressive strength of grout prism (ASTM C 1019), each ............................................ $35.00
Compressive strength of mortar cubes (ASTM C 1019), each ......................................... $16.00
N:1ProJects_Misc_Archive\CMBProposalsWasters12008 FeeSchedule.doc
lrarracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
January 2008
Soils Laboratory Tests
Classification
Atterberg limits (ASTM D 4318), each ................................
Sieve analysis (ATM C 136), each .....................................
Sieve analysis percent finer than #200 (ASTM C 117), each
Combined sieve analysis (ASTM C 136 and C 117) ............
Compaction
........................ $55.00
........................ $75.00
........................ $45.00
........................ $90.00
Optimum moisture / maximum dry density relations (proctors)
ASTMD698, each.............................................................................................. $170.00
ASTMD1557, each............................................................................................ $180.00
Additional charge for Coarse Aggregate Correction (ASTM D4718) ...................... $25.00
TXDOTTEX 113E, each.................................................................................... $220.00
TXDOTTEX 114E, each.................................................................................... $170.00
Permeability (ASTM D 5084), each.................................................................... $350.00
Soils Field Services
In place density / moisture test, nuclear method (ASTM D 6938)
Minimumof 3, each..............................................................................................$18.00
Soils technician, per hour................................................................................................. $44.00
Soils technician, overtime rate, per hour.......................................................................... $66.00
Asphaltic Concrete Services
Asphalt technician, per hour...........................................................................
Asphalt technician, overtime rate, per hour ....................................................
Molding specimens (TEX 206F), set of 3 .............................................. :........
Bulk specific gravity of lab molded specimens, set of 3 ..........................
Bulk specific gravity of core specimen (TEX 207F), each .......................
Maximum theoretical density (ASTM D 2041 or TEX 227F), each ..........
Hveem stability (ASTM D 1560 or TEX 208F), set of 3 ..........................
Extraction and Sieve Analysis (ASTM D 2172 or TEX 21 OF), each ........
Asphalt coring, per hour.........................................................................
NAProlects_Misc_Archive\CME%ProposalsWaslersQO08 FeeSchedule.doc
................. $48.00
................. $72.00
................. $50.00
...... I.......... $50.00
................. $50.00
................. $75.00
........ I..... $90.00
........... I............ $195.00
.......................... $95.00
1rerracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
January 2008
Drilled Pier
Senior technician, per hour.............................................................................................. $48.00
Senior technician, overtime rate, per hour........................................................................ $72.00
Wood Truss & Fire Ston
Senior technician, per hour.............................................................................................. $60.00
Senior technician, overtime rate, per hour........................................................................ $90.00
Structural Steel
Visual Inspection by CWI, per hour.................................................................................. $66.00
Ultrasonic Testing by CWI, per hour.............................................................................. $110.00
Ultrasonic Testing equipment, per day............................................................................. $90.00
Reinforcina Steel Detection
Senior Technician, per hour............................................................................................. $66.00
Senior Technician, overtime rate, per hour...................................................................... $99.00
Hilti Ferroscan equipment, per day................................................................................ $220.00
Roofing. Waterproofing and EIFS
Project Manager, Senior Roofing Professional, per hour ................................................ $125.00
Engineering Technician-Forensics/Roofing/Waterproofing, per hour ................................ $65.00
Reimbursable Expenses
Direct non -salary expenses incurred, identifiable and not applicable to general overhead are
billed at cost plus 15 percent for handling and include but are not limited to the following:
Travel and lodging, long distance calls, express charges, legal and accounting fees, computer
time and programming costs, external consultants, typing, drafting, printing, binding reports,
blueprinting, photocopying, photographs, environmental analytical and drilling fees, etc.
Remarks
A three hour minimum charge is applicable to all trips made for the performance of testing,
inspection, cancellation or consulting services. A minimum charge of 2 hours will be assessed
for trips to the project site for sample or cylinder pick up only.
N:lProjeds_Misc_Archive\CME1Proposals\Maslers12008 FeeSchedule.doc
lrerracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
January 2008
Remarks (continued)
All labor, equipment, and transportation charges are billed on a portal to portal basis from our
office.
Overtime rates of 1.5 times the quoted hourly rate will be applicable for all hours worked in
excess of eight (8) per day, all hours worked outside of daylight hours of 6:00 AM to 6:00 PM
Monday through Friday, and all hours worked on weekends and holidays.
Court appearances, depositions, etc. will be charged at 1.5 times the quoted hourly rate.
Test unit rates include up to four (4) copies of the report distributed and mailed in accordance
with the client's instructions. Additional copies will be mailed at $ 0.50 per page.
Unit fees for tests not listed will be quoted on request.
Rush testing and inspection services are subject to a surcharge (to be negotiated).
Engineering consultation and evaluation in connection with any laboratory testing or field
inspection service will be charged at the appropriate rate.
Material samples should be submitted in a form that complies with applicable requirements.
Charges for coring concrete can be quoted on request.
Special supplies, permits, equipment, associated drilling, sampling, field testing, on site
facilities, clearing/grading contractors, water trucks, bulldozers, security forces, surveyors, traffic
control or other support services will be billed at cost plus 15 percent.
All rented equipment and outside services not identified in the fee schedule will be billed at cost
plus 15 percent.
Terracon will submit invoices for services on a monthly basis. Payment for services shall be
made within 30 days of receipt of the invoice in accordance with the Terracon "Agreement for
Consulting Services." Additional administrative charges may be applicable If the client requires
other invoicing procedures or payment terms.
N:\Projects_Misc_Archive\CME%ProposalslMasters12008 FeeSchedule.doc
Council Meeting Date: September 22, 2009 Item No.
AGENDA ITEM COVER SHEET
SUBTE T:
Consideration and possible action to approve Task Order No. SBE -09-008 with Steger Bizzell of
Georgetown, Texas, for professional engineering services related to Phase II Engineering Design to
develop Plans, Specifications and Estimate (PS&E) for the intersection improvements of Northeast Inner
Loop and FM 971 in an amount not to exceed $130,000.00 —Thomas R Benz, P. E., Systems Engineering
Director & Jim Briggs ACM for Utility Operaitons.
ITEM SUMMARY:
With Congressional Federal Earmark Funds in the amount of $343,000 through Congressman John
Carter's office and Road Bond funds approved by voters in November 2008, the City of Georgetown
proposes improvements to the intersection of Northeast Inner Loop and FM 971 utilizing the services of
Steger Bizzell. Steger Bizzell has completed Phase I, Preliminary Engineering providing environmental
clearances, water quality solutions, identification of habitat or archeological issues, determination of
existing rights-of-way (ROW) and determination of the proposed roadway alignment and geometry.
The ensuing Phase lI Scope of Services includes developing the detailed design schematic,
preparation of construction PS&E, rights-of-way and easement documents, storm drainage analyses, both
construction and post -construction traffic control, coordination with the Texas Department of
Transportation (TxDOT) and construction administration. All work will be performed by Steger Bizzell
without utilizing outside sub -consultant firms.
The firm of Steger Bizzell is certified to perform roadway design engineering by TxDOT, has
performed similar engineering for the City and is familiar with existing conditions and the requirements
of the City and TxDOT. The detailed Scope of Services is included within the Task Order, with the
breakout of design team, man-hour calculations and project schedule attached thereto.
Attached for your review and consideration is Task Order No. SBE -09-008 with Steger Bizzell of
Georgetown, Texas, in an amount not to exceed $130,000.00.
GTAB BOARD RECOMMENDATION:
This item was unanimously recommended by the GTAB Board for Council approval at the
September 11, 2009, GTAB Board meeting.
STAFF RECOMMENDATION:
Staff recommends approval of Task Order No. SBE -09-008 with Steger Bizzell of Georgetown,
Texas, in an amount not to exceed $130,000.00.
FINANCIAL IMPACT:
Attached is the project CIP - Budget and Financial Analysis sheet.
ATTACHMENTS:
Capital Improvement Project — Budget and Financial Analysis
Location Map
Task Order No. SBE -09-002
Submitted By: Thomas R. Benz, P. E.
Systems Engineering Director
Jim Briggs, ACM for
Utility Operaitons
Capital Improvement Project - Budgetary and Financial Analysis
tight of Way 0.00 0%
;onstruction 0.00 0%
)therCosts' 17,150.00 17,150.00 0%
' TxDOT AFA Administrative costs for "plan review, inspection and oversight."
Will require budget amendment at a later date.
Total Current Year Costs 57,350.00 187,350.00
Approved
WC;i ML LQUIQm MV VVVNI" Unman
Total Budget 0.00
TOTAL PROJECT BUDGET 0.00
(includes all previous yrs)
Prior Years Current Year Total Project %Total
Soent/Encumbered Costs Costs Budnet
Consulting
Right of Way
Construction
Other Costs
Total Project Costs 1 0.00
Comments:
170,200.00 1 170,200.00
17,150.00 1 17,150.00
187.350.00 1 187
U
DATE:
NE Inner LooplFM 971 Intersection
PROJECT NAME:
Improvements - Phase 11
1BL
D9/25109
Division/Department:
Systems Engineering
Director Approval
Prepared By:
Bill Dryden
09/25/09
Finance Approval
LL - 9/04109
TOTAL ANNUAL BUDGET
(Current year only)
Actual Cost
Agenda
Total Spent
Encumbrance
Item
& Encumbered
%Annual
(A) before agenda item
(B)
(A + B)
Budget
[Consulting
40,200.00
130,000.00
170,200.00
0%
tight of Way 0.00 0%
;onstruction 0.00 0%
)therCosts' 17,150.00 17,150.00 0%
' TxDOT AFA Administrative costs for "plan review, inspection and oversight."
Will require budget amendment at a later date.
Total Current Year Costs 57,350.00 187,350.00
Approved
WC;i ML LQUIQm MV VVVNI" Unman
Total Budget 0.00
TOTAL PROJECT BUDGET 0.00
(includes all previous yrs)
Prior Years Current Year Total Project %Total
Soent/Encumbered Costs Costs Budnet
Consulting
Right of Way
Construction
Other Costs
Total Project Costs 1 0.00
Comments:
170,200.00 1 170,200.00
17,150.00 1 17,150.00
187.350.00 1 187
U
FM 971 AND INNER LOOP
Project Name: N.E. Inner Loop & FM 971
Intersection Improvements - Phase II
Engineering Firm Name: Steger Bizzell
Task Order No. SBE -09-008
Date: 09/01/2009
City's Designated Representative — Bill Dryden
City of Georgetown
P.O. Box 409
Georgetown, Texas 78627
General Description of Services or Project:
City of Georgetown Project Number: 1BL
General Ledger Account Number: 203-9-0880-90-069
This project will consist of preparation of detailed design layouts and plans in conformance with
TxDOT and City of Georgetown design standards, detailed field notes appropriate for right-of-
way and easement acquisition, and bidding and construction phase services.
City Provided Information or Work: The City shall provide the following services or perform
the following work (describe):
The City shall be responsible for permitting and third -party review fees.
Any documents or information related to the Work/Services provided by the City to the
Professional, including, without limitation, engineering studies, maps, reports, filed data, notes,
plans, diagrams, sketches, or maps (the 'Information") is and shall remain the property of the City,
and Professional shall have no ownership or other interest in same. The Professional shall deliver
to the City, if requested, a written itemized receipt for the Information, and shall be responsible for
its safe keeping and shall return it to the City, upon request, in as good condition as when received,
normal wear and tear excepted.
Scope of Work: (describe in detail using additional or separate sheets if necessary):
Professional hereby proposes to perform detailed design phase engineering services consisting of
roadway plans, specifications and estimates, field notes and parcel plats, and construction phase
engineering and administration services.
Professional shall perform or provide the following services:
This Scope of Work covers the Detailed Design and Construction Administration Phase:
• Develop detailed design schematic based on design options previously selected by City
staff
• Prepare construction plans and layouts in conformance with COG/TxDOT standards
Master Services Agreement — Task Order SBE -09-008
Version 2.26.2009 Page 1
• Prepare parcel plats and field notes as appropriate for City staff to proceed with right-of-
way and easement acquisition
• Perform hydrologic and hydraulic analysis of drainage areas and drainage structures to
design proposed drainage facilities
• Prepare signing, striping and signalization plans, including reconfiguration of existing
signal
• Meet as necessary with TxDOT Austin District to coordinate plans approval
• Perform construction administion including reviews of RFIs, change orders, pay requests,
and materials testing results
Proposed Project Team
Project Managers: Raul Rodriguez, PE (design), Brian Peterson, R.P.L.S (surveying)
Design Team: Ben Lake, ETT
Review Engineer: Perry Steger, PE
Work Schedule:
The schedule for the Services to be performed by the Professional is as follows:
Six (6) calendar months for completion of PS&E and Nine (9) calendar months for Bidding &
Construction Services, for a total of Fifteen (15) calendar months.
Statement Regarding Non -Collusion; Prohibited Financial Interests; Prohibited Political
Influences: (Per Article 36 in the Master Service Agreement): Professional hereby represents
and warrants to City that Professional shall not perform any work or services for a third party
that is potentially or actually related to, connected to, a part of, or integral to the work or
services that it has performed is or is performing for the City under this Task Order.
Professional shall have the affirmative duty to bring all such conflicts or potential conflicts to
the attention of the City, and Professional agrees that the City shall be the sole judge as to
whether a conflict or potential conflict of interest with work for private parties or Developer
work exists. If in the judgment of the City such a conflict or potential conflict between City
work and Developer work exists, then Professional agrees to terminate all work under the
affected Task Order(s) immediately and that it shall not be eligible for payment for such
services.
Compensation: (Pick one)
® Time and Materials with Amount Not to Exceed: - Services to be provided at rates shown on
Exhibit B in an amount not to exceed ($130,000.00) ONE HUNDRED THIRTY THOUSAND
DOLLARS and NO CENTS.
❑ Lump Sum: Services to be provided at rates shown on Exhibit B in an amount not to exceed
$ DOLLARS and ZERO CENTS.
Master Services Agreement - Task Order SBE -09-008
Version 2.26.2009 Page 2
APPROVED:
CITY OF GEORGETOWN
PROFESSIONAL
Firm Name:Ste er ll
By:
By:
Name:
George G. Garver
Name:
/ONC. Jfeger
Title:
Mayor
Title:
PresWent
Address:
P.O. Box 409
Address:
1978 S Austin Ave
Georgetown, TX 78627
Georgetown, TX 78626
Phone:
512-930-3651
Phone:
512-930-9412
Fax:
512-930-3659
Fax:
512-930-9416
E -Mail:
ms@georgetowntx.org
E -Mail:
perry.ste er@stegerbizzell.com
Date:
September 25, 2009
Date:
Z
Master Services Agreement — Task Order SBE -09-008
Version 2.26.2009 Page 3
STEGEBIZZELL
Rate Schedule
Effective June 26, 2008
(All Rates Per Hour)
Engineer (Principal)
$175.00
Engineer (PE)
$132.00
Registered Surveyor
$110.00
Project Specialist -2
$160.00
Project Manager
$105.00
GIS Technician
$ 90.00
Senior Technician
$105.00
Engineer in Training (EIT)
$105.00
Graduate Engineer
$100.00
Surveyor in Training (SIT)
$ 88.00
Geologist
$110.00
CADD Technician/Draftsman
$ 87.00
Clerical
$ 65.00
Field Inspector
$ 65.00
1 Man Survey
$110.00
2 Man Survey Party
$120.00
3 Man Survey Party
$140.00
4 Man Survey Party
$165.00
GPS Survey Party
$160.00
Technician
$ 95.00
Mileage $0.55/Mile
Note: Expert Witness Fees are charged at 1.5 times hourly rate
ADDRESS SS. AUSTIN AVENUE I GEORGETOWN, TX 76626 ( P H O N E
978 511.930.9412 I EA X 512.930.9416 I W E B STEGERBIZZELL.COM
MF -BER SERVICES
AASHTO,AWWA,NSPE,TRWA,TSPS >: ENGINEERS > PLANNERS >-SVRVEYORS
TASK ORDER SEEaa Voa EXHIBIT B 1 ESTIMATED PROJECT FEES
ENGINEER: fTEDER BIISELL
m�e: awa.mee� �. moa Inner Loop 6 FM AI Inwmetbon Improvamenb
cM al GerMe�R, Teur
TASK ORDER SBE-09-008
EXHIBIT C - PROJECT SCHEDULE Steger BIue1
INNER LOOP & FM 971 INTERSECTION IMPROVEMENTS
ID
Task Name
Duration
Start Finish
i 10
Am ISeof Oct 1Nov1Dwe Jan Feb Mar Way I Jun I Jul I_L Nov (—Dec
1
Route and Design Studies
3 wks
Tue 911/091 Tue 9/22/09
2
_
Right-of-Way Data
_ . — -
5 wks
--- -- — --
Tue 9/1/097 Tue 10/6/09
3
Field Surveying
4 wks
Tue 9/1/09 Tue 9/29/09
4
J
Roadway Design
14 Wks
I
Tue 9/22/09 Tue 12/29/09
i
5
Drainage -
8 wks
Tue 10/6/091 Tue 12/1/09
s
-Si -_ an- - -
g-ning, Marki-ngs and Signalization
—8wks
_
Tue 11/3/091 Tue 12/29/09
7
Miscellaneous
8 wks
Tue 12/29/09 Tue 2/23/10
s
Bidding Phase Services
4 wks
Tue 2/23/10Tue 3/23/10 I
Construction Phase Services
9 mons
Tue 3/23/10 i Sat 12/18/10
Project: Exhibit C Schedule
Task 0 Progress — Milestone .
Date: Tue 9/1109
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Agenda Page 1 of 1
City of Georgetown, Texas
September 22, 2009
SUBJECT:
Discussion and possible action to execute an agreement between the City of Georgetown and Clear Wireless
LLC for the lease of antenna and equipment space at the James Street elevated storage tank in the
amount of $29,000.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant
City Manager for Utility Operations
ITEM SUMMARY:
Representatives for Clear Wireless, LLC, (Clear Wireless) are proposing the installation of antenna arrays
on the water tank catwalk railing and associated support equipment on the ground within the fenced area of
the tank.
Clear Wireless was required to perform a structural assessment and an interference study to ensure
that the antennas could be supported by the tower railing and that the antennas would not interfere with the
operation of the existing RF equipment. The studies indicate that the railings will support the antenna loading
and the RF study is in progress.
The terms of the agreement require a one time payment of $2,500 upon contract execution and an
annual payment of $29,000 upon completion of construction and thereafter for an initial term of 5
years. Clear Wireless has the right to extend the contract for four (4) additional terms of five (5) years each
with the lease price to be escalated by 15% for each succeeding term.
GUS BOARD RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the contract between Clear Wireless, LLC and the City of
Georgetown.
FINANCIAL IMPACT:
Increase in Annual Revenue to the Water Fund of $29,000.00
SUBMITTED BY:
Jana Kern
ATTACHMENTS:
Agreement
http://agendas.georgetown.org/Bluesheet.aspx?ItemID=1287&MeetingID=102 9/22/2009