City of Webster 101 Pennsylvania Ave. Webster, Texas Phone: (281) Fax (281)

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1 City of Webster 101 Pennsylvania Ave. Webster, Texas Phone: (281) Fax (281) AGENDA City Council Regular Meeting 101 Pennsylvania, Webster, Texas March 7, :00 P.M. NOTICE is hereby given of a Regular Meeting of the City Council of the City of Webster, County of Harris, State of Texas, to be held on Tuesday, March 7, 2017, at 6:00 p.m. at: City Hall Council Chambers, 101 Pennsylvania, Webster, Texas, for the purpose of considering the following numbered items. The City Council of the City of Webster, Texas, reserves the right to meet in closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Roll Call and Certification of a Quorum. 4. Proclamations and Special Recognitions. 5. Requests or Petitions from the Public. 6. PUBLIC HEARING to receive public comments on proposed amendments to the Zoning Ordinance (Chapter 98), Article IV, Schedule of Uses, and Article IX, Administration and Enforcement to add a distance separation for new Mini-storage lots, enclosed, from established mini-storage lots, enclosed within the City, to add clarification for the distance separation requirements, to modify the requirement of a sign every 300 feet on street frontage of a property being rezoned to require on sign per street frontage, to specifically define Planned Development Districts notification requirement, and to assure conformance between the zoning ordinance, City Charter, and the Texas State Statutes. (Webster s Zoning Ordinance, Chapter 98; Sec ) OLD BUSINESS 7. CONSIDERATION/ACTION to adopt a resolution of which the caption reads: A RESOLUTION OF THE WEBSTER CITY COUNCIL AUTHORIZING AN EXPENDITURE BY THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION TO FUND THE PHASE 1 SITE DEVELOPMENT AND INFRASTRUCTURE SYSTEM AND ATTRACT NEW BUSINESS ENTERPRISE WITHIN THE DESTINATION

2 City of Webster City Council Meeting March 7, 2017 DEVELOPMENT PROJECT ESTABLISHED BY THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION IN THE CITY OF WEBSTER, TEXAS, HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. This is the SECOND of two readings. (Texas Local Government Code, Chapter ) NEW BUSINESS 8. CONSIDERATION/ACTION to adopt a resolution of which the caption reads: A RESOLUTION OF THE CITY OF WEBSTER, TEXAS, DECLARING UNOPPOSED CANDIDATES IN THE MAY 6, 2017 GENERAL CITY ELECTION, ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Texas Election Code 2.052) 9. CONSIDERATION/ACTION to authorize the Mayor to execute a contract with IDS Engineering Group in the amount of $675, for the design of new infrastructure and site preparation for Phase 1 of the Destination Development Project. 10. CONSIDERATION/ACTION to approve the minutes: Regular Meeting of February 21, Excused Absences. 12. Agenda Requests from Councilmembers. 13. Reports or Requests from the City Manager. Calendar of Events 14. Adjournment. This notation indicates that this agenda item is an approved budgeted item. This notation indicates that this agenda item is the product of a specific directive resulting from the Council Planning Sessions. ALL AGENDA ITEMS ARE SUBJECT TO ACTION In compliance with the Americans With Disabilities Act, the City of Webster will provide for reasonable accommodations for persons attending City Council Meetings. Requests should 2

3 City of Webster City Council Meeting March 7, 2017 be received 48 hours prior to the meetings. Please contact the City Secretary s office at I certify that a copy of this notice of the City Council Meeting for March 7, 2017 was posted at City Hall, 101 Pennsylvania, Webster, Texas, on Thursday, March 2, 2017 by 5:30 P.M. Crystal Roan, TRMC, CMC City Secretary 3

4 Item 6 CITY COUNCIL AGENDA

5 CITY COUNCIL MEETING DATE: March 7, 2017 AGENDA ITEM: PUBLIC HEARING to receive public comments on proposed amendments to the Zoning Ordinance (Chapter 98), Article IV, Schedule of Uses, and Article IX, Administration and Enforcement to add a distance separation for new Mini-storage lots, enclosed, from established mini-storage lots, enclosed within the City, to add clarification for the distance separation requirements, to modify the requirement of a sign every 300 feet on street frontage of a property being rezoned to require on sign per street frontage, to specifically define Planned Development Districts notification requirement, and to assure conformance between the zoning ordinance, City Charter, and the Texas State Statutes. PURPOSE STATEMENT: This agenda item is the required Public Hearing as required by the City of Webster s Zoning Ordinance under Chapter 98; Zoning; Sec SUMMARY/BACKGROUND (WHY): STAFF RECOMMENDATIONS: EXPENDITURE: N/A FUNDING SOURCE: N/A AMOUNT BUDGETED: N/A FINANCE DEPT. APPROVAL: N/A PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES NO _X PREPARED BY: Evan DuVall, AICP, City Planner APPROVAL BY DEPT. DIRECTOR: Derhyl Hebert, CFM APPROVAL BY CITY MANAGER:

6 Item 7 CITY COUNCIL AGENDA

7 SECOND READING

8 RESOLUTION NO. 17- A RESOLUTION OF THE WEBSTER CITY COUNCIL AUTHORIZING AN EXPENDITURE BY THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION TO FUND THE PHASE 1 SITE DEVELOPMENT AND INFRASTRUCTURE SYSTEM AND ATTRACT NEW BUSINESS ENTERPRISE WITHIN THE DESTINATION DEVELOPMENT PROJECT ESTABLISHED BY THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION IN THE CITY OF WEBSTER, TEXAS, HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Webster Economic Development Corporation (the Corporation ), a non-profit Type B Sales Tax Corporation created by and authorized to act on behalf of the City of Webster, Texas, under and pursuant to Chapter 505, Texas Local Government Code (previously the Development Corporation Act of 1979, Article , Rev. Civ. Stat.), collects a half-cent sales tax to stimulate new commercial development that grows the City of Webster s sales tax base by undertaking eligible projects as defined by Texas law; and WHEREAS, the Corporation is authorized to create and implement projects that promote new or expanded business enterprise; and WHEREAS, the Destination Development Project, established by the Corporation in May 2010, constitutes a permissible Type B project for the Corporation, as the project area encompasses over 200 acres within the City s southeast quadrant, of which 92% is undeveloped and suitable for new commercial development that accords with the Corporation s mission; and WHEREAS, the Destination Development Project s viability and success are wholly dependent upon new connectivity and infrastructure, in conjunction with business recruitment, as this southeast quadrant s topography and positioning present development hurdles; and WHEREAS, the Phase I Site Development and Infrastructure System within the Destination Development Project delivers the primary public roadway network approximately 3,000 linear feet of roadway with sidewalks, landscaping, lighting, and City utilities and renders an approximate 28-acre site

9 Resolution No. 17- shovel ready for new retail enterprise through extensive activities that include clearing, grubbing, fill work and compaction, engineering, and site preparation, as well as providing utilities and access; and WHEREAS, the Phase I Site Development and Infrastructure System is critical for recruitment of retail, dining, entertainment, and hospitality venues, as specified both in the Destination Development Project established by the Webster Economic Development Corporation in May 2011 and Destination Development Planned Unit Development Guidelines adopted by City Council in February 2017; and WHEREAS, the Phase I Site Development and Infrastructure System, which includes paving, utilities, landscaping, and lighting, along with excavation, fill work and compaction, design, surveying, testing, engineering, and construction, costs $6,600,000 and was approved by the Webster Economic Development Corporation on February 14, 2017; and WHEREAS, adoption of this resolution by City Council enables the Corporation to expend funds to undertake the Phase I Site Development and Infrastructure System and foster commercial development inside the Destination Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WEBSTER, TEXAS THAT: Section 1. In accordance with Texas Local Government Code, Section , the City hereby declares its authorization for the Corporation to expend funds in the amount of $6,600,000 for the Phase I Site Development and Infrastructure System within Project Destination Development. Section 2. This Resolution shall become effective immediately after its final approval and adoption per the Texas Local Government Code Section (b). PASSED AND APPROVED on this First Reading the 21 st day of February PASSED, APPROVED, AND ADOPTED on this Second Reading the 7 th day of March CITY OF WEBSTER Donna Rogers, Mayor ATTEST: Crystal Roan, City Secretary

10 Item 8 CITY COUNCIL AGENDA

11 CITY COUNCIL MEETING DATE: March 7, 2017 AGENDA ITEM: Consideration/Action to adopt a resolution declaring unopposed candidates, authorizing Council to declare candidates elected to office, and canceling the May 6, 2017 General City Election. PURPOSE STATEMENT: To cancel the unopposed General election as per State Law. SUMMARY/BACKGROUND (WHY): As soon as possible after the deadline for declaration of write-in candidacy, if no candidate in the election is opposed on the ballot or by a declared write-in candidate, the city secretary must deliver to the city council a certification that each candidate for office is unopposed (EC 2.052). Upon receiving the certification, the city council may, by order or ordinance, declare the unopposed candidates elected to office, in which case the election is not held [EC 2.053(b)]. The city council is given discretion in declaring unopposed candidates elected. The city council may hold the election regardless of the unopposed status of the candidates if it so chooses. As City Secretary, I have certified the unopposed candidates to the Mayor and Council as follows: Donna Rogers - Mayor and Martin Marty Graves - Council Position 6. All proper notices have been made to the county and voter registrar. The Texas Election Code 2.053(c) provides that a certificate of election is issued to each candidate who is declared elected, in the same manner and at the same time as provided for a candidate elected at the election and requires that candidates elected through cancellation must also qualify for office and take the oaths of office the same as candidates elected at an election. Certificates of Election will be issued at the May 16 regular council meeting. This is the first scheduled meeting following the election date. STAFF RECOMMENDATIONS: Council Action. EXPENDITURE: N/A FUNDING SOURCE: N/A AMOUNT BUDGETED: N/A FINANCE DEPT. APPROVAL: N/A PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES NO _X PREPARED BY: Crystal Roan, City Secretary APPROVAL BY CITY MANAGER: ATTACHMENTS: Proposed Resolution Certification of Unopposed Candidates Order Declaring Unopposed Candidates Elected

12 RESOLUTION NO. 17- A RESOLUTION OF THE CITY OF WEBSTER, TEXAS, DECLARING UNOPPOSED CANDIDATES IN THE MAY 6, 2017 GENERAL CITY ELECTION, ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHERERAS, the general city election was called for May 6, 2017, for the purpose of electing members to the city council; and WHEREAS, the city secretary has certified in writing that no person has made a declaration of write-in candidacy, and that each candidate on the ballot is unopposed for election to office; and WHEREAS, under these circumstances, Subchapter C, Chapter 2, Election Code, authorizes the city council to declare the candidates elected to office and cancel the election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS; Section 1. The following candidates, who are unopposed in the May 6, 2017 general city election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Donna Rogers Mayor Martin Marty Graves Councilmember Position 6 Section 2. The May 6, 2017 general city election is canceled, and the city secretary is directed to cause a copy of this resolution to be posted on election day at each polling place used or that would have been used in the election. Section 3. It is declared to be the intent of the city council that the phrases, clauses, sentences, paragraphs, and sections of this resolution are severable, and if any phrase, clause, sentence, paragraph, or section of this resolution is declared invalid by the judgment or decree of a court of competent jurisdiction, the invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this resolution since the city council would have enacted them without the invalid portion. Section 4. This resolution shall take effect upon its final passage, and it is so ordered. PASSED, APPROVED, AND ADOPTED this 7 th day of March CITY OF WEBSTER Donna Rogers, Mayor ATTEST: Crystal Roan, City Secretary

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14 Order Declaring Unopposed Candidates Elected/ Orden que declara candidatos sin oposición elegidos The City Council of the City of Webster, Texas hereby cancels the election scheduled to be held on May 6, 2017 in accordance with Section 2.053(a) of the Texas Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: Candidate Office Sought Donna Rogers Mayor Martin Marty Graves Council Position 6 El concejal de la Ciudad de Webster, Texas por la presente cancela la elección que se hubiera celebrado el 6 de mayo, 2017 de conformidad con la Sección 2.053(a) del Código de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos sin oposición y son por la presente elegidos como sigue: Candidato Cargo Deseado Donna Rogers Alcalde Martin Marty Graves Concejal Posición 6 A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de Eleccion se exhibirá una copia de esta orden en todas las mesas electorales que se hubieran utilizado en la elección. Mayor (alcalde) Secretary (secretaria) (seal) (sello) March 7, 2017 Date of adoption (Fetcha de adopción)

15 Item 9 CITY COUNCIL AGENDA

16 CITY COUNCIL MEETING DATE: March 7, 2017 AGENDA ITEM: Consideration/Action to authorize the Mayor to execute a contract with IDS Engineering Group in the amount of $675, for the design of new infrastructure and site preparation for Phase 1 of the Destination Development Project. PURPOSE STATEMENT: The purpose of this item is to execute the contract for the design of the new infrastructure and site preparation for Phase 1 of the Destination Development Project. SUMMARY/BACKGROUND (WHY): On February 14, 2017, the Webster Economic Development Corporation approved funding of the phase 1 public infrastructure and site development in the amount of $6.6M. This work consists of two major components. The first includes the installation of approximately 3,300 linear feet of public roadways, as well as all water, sanitary sewer and storm sewer lines to accommodate future development. The second is the clearing, grubbing and filling of approximately acres of land so that it becomes developable. The design work is the first major step in completing this project. Based on the overall experience and knowledge of IDS Engineering Group of the Destination Development Project, staff believes IDS to be more than qualified to complete the design of the new infrastructure and site preparation for Phase 1 of the Destination Development Project. STAFF RECOMMENDATIONS: Staff recommends awarding design of the new infrastructure and site preparation for Phase 1 of the Destination Development Project contract to IDS Engineering Group, for the sum of $675,950. EXPENDITURE: $675,950 FUNDING SOURCE: Destination Development AMOUNT BUDGETED: $748,910 FINANCE DEPT. APPROVAL: William Michael Rodgers, CPA PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES _ X NO PREPARED BY: Shannon Hicks, P.E. APPROVAL BY CITY MANAGER: ATTACHMENTS: IDS Engineering Proposal Project Map

17 February 22, 2017 Mr. Shannon Hicks, P.E. Director of Public Works City of Webster 855 Magnolia, Avenue Webster, Texas Reference: Proposal to Perform Professional Engineering and Surveying Services for Mass Grading, Site Preparation and Roadway, Water, Sanitary and Drainage Infrastructure Plans to Serve the Phase 1 of Destination Development Webster, Texas IDS Job No and Dear Mr. Hicks: IDS Engineering Group (IDS) is pleased to present our proposal to perform professional engineering and surveying services in connection with the subject project which will extend Rice Creek Lane from its current terminus (north of the Exxon Tract), approximately 1,300 feet southward to a roundabout intersection. From this intersection continue southward 300 feet and terminate at a point to be extended in the future, and also extend westward to IH-45. The work efforts will additionally provide engineering, surveying and construction phase services related to the clearing and grubbing of the access road and the Phase 1 area; and the mass fill of the Phase 1 area to create approximately +/- 23 net developable acres while considering effective floodplain elevations in this area. These plans will be prepared for the City to provide to others to execute the work. Efforts will also include planning and development of the floodplain mitigation plan to offset the fill within the riverine floodplain of Phase 1. These limits of all the proposed work lie within property held by the City of Webster EDC or are within the boundary of the tract commonly known as the Exxon Tract. In reference to the public infrastructure, the proposed roadways, approximately 3,300 linear feet, will be four-lane boulevard with median or four-lane without a median, with sidewalks. Approximately 3,300 feet of water line is proposed to loop service from Rice Creek Lane to IH-45 and provide an extension southward for future development. Approximately 2,600 linear feet of sanitary sewer line is proposed to serve Phase 1 and future development, and convey flow to an existing city lift station. Other services included will be traffic impact analysis, permitting coordination, pipeline coordination, platting, preparation of easements and right-of-way /ownership documents, floodplain map revision, and geotechnical services. The scope of professional services will include the following items: Northwest Freeway, Suite 700, Houston, Texas TBPE F-2726 TBPLS & t idseg.com infrastructure design solutions

18 Mr. Shannon Hicks February 22, 2017 Page 2 CLEARING/GRUBBING/SITE PREPARATION/MASS GRADING CONSTRUCTION DOCUMENTS 1. Prepare construction plans and technical specifications representative of the proposed improvements or work to support the proposed improvements: a. Clearing, grubbing and disposal of materials for the access road and Phase 1 fill limits. These sheets will be extracted from plans sets (clearing plans) which are currently approved by the City and modified to reflect the limits of work and existing clearing activities in the project area. b. Grading and fill sheets reflecting elements necessary to construct the access road, cross pipelines and to fill the Phase 1 project area. c. Submit construction plans to the City of Webster for review and approval. d. Depict as appropriate the floodplain mitigation areas/quantity on construction documents or separate exhibits. Prepare a Storm Water Pollution Prevention Plan and incorporate into the construction plans erosion control requirements and details. CONSTRUCTION SERVICES FOR MASS GRADING PROJECT 2. Provide the services of a construction observer for part-time on-site observation of the mass grading operations performed by others for the Phase 1 project. Our estimated fee is based upon an average of 2 hours per trip and 5 trips per week for 16-week construction activity duration. The construction activity duration will be subject to fill material availability and contractor s schedule. 3. Provide engineering during construction support services on behalf of City of Webster to ensure clear and grubbing operations, site preparation, and mass grading activities are executed consistently with the agreement between the City of Webster and owners of the Exxon Tract. SURVEYING SERVICES MASS GRADING PROJECT 4. Collect limited topographic survey of the access road alignment and Phase 1 project area to verify LiDAR data and provide data for design efforts. 5. Provide construction staking of areas to be cleared and grubbed, areas for site preparation and fill, areas for floodplain mitigation volume excavation, provide temporary benchmarks for construction and mark limits of fill. PUBLIC INFRASTRUCURE DESIGN CONSTRUCTION DOCUMENTS 6. IDS will develop a schematic layout of the rights-of-way, roadway alignments, utility alignments and parcel boundaries of property dedications for approval by the City of Webster and Owner of the Exxon Tract. This approval will be documented prior to the development of the construction plans. TBPE F-2726 TBPLS &

19 Mr. Shannon Hicks February 22, 2017 Page 3 7. Develop construction plans for public infrastructure consisting of the following elements: a. Various configurations of four lane roadways based upon approved typical sections and a roundabout intersection. Roadway to be aligned within an 80-foot right-of-way. b. Water and sanitary sewer lines aligned along the roadway placed behind the curb on either side of the roadway. c. Roadway will be served by a 100-year storm sewer and provide for an outfall from the adjoining tract of land located north and west of the proposed roadway. Drainage area maps will be developed for the service area for this outfall. The design will include the offsite portion of the alignment of the storm sewer to terminate at an outfall structure south of the roadway. d. Inclusive in this effort will be formal documentation in the form of a Drainage Impact Analysis, documenting the drainage areas, drainage assumptions/limitation, and appropriate mitigation resulting from the development of the overall Destination Development Project, the adjacent public roadways and adjacent undeveloped land located between Destination Development and Interstate Highway Include in the construction documents a control map with project control, ROW information, permanent easements and temporary construction easements. 9. Prepare a Storm Water Pollution Prevention Plan and incorporate into the construction plans erosion control requirements and details. 10. Coordination SUE work for investigation for vertical data on the existing 24 and 8 gas pipelines owned by Enterprise and DOW respectively. Coordination with pipeline companies for encroachments and crossings. Prepare exhibits or drawings, and route construction drawings for approvals from pipeline companies. Include instructions to the contractor on pipeline crossing requirements and notifications. 11. Submit construction plans to the City of Webster for review and approval. 12. Prepare an application for a Texas Department of Transportation (TxDOT) driveway permit for two (2) driveways along IH-45 Frontage Road. The application will be submitted to TxDOT for review and approval, and utilize the Traffic Impact Analysis prepared under Additional Services in this proposal. Permit application includes: a. Two page application and two page traffic questionnaire b. Full size set of drawings meeting TxDOT requirements for driveway design, including a Traffic Control Plan. This proposal assumes that no variances to the TxDOT criteria are required for the driveway location requested. 13. Prepare a plat for the City and City of Webster EDC detailing the commercial reserve within the Webster EDC Tract and donated by the Exxon Tract, and public roadway/utility infrastructure to be constructed to serve this area. TBPE F-2726 TBPLS &

20 Mr. Shannon Hicks February 22, 2017 Page 4 BIDDING/CONTRACT ADMINSTRATION PUBLIC INFRASTRUCTURE 14. Prepare bid documents using any contract or special provisions provided by the City, issue public notices and issue bid documents using CivCAST. Conduct pre-bid meeting and bid opening for public bids. Review bids, prepare bid tabulation, and recommend award to Owner. Prepare contract documents for execution. 15. Provide construction contract administration services including preconstruction meeting, review of contractor pay estimates, preparation of change orders as applicable, coordination of agency inspections, and communications between the City and the contractor. Provide engineering during construction support services. It is assume the City will provide an inspector to observe construction of the public infrastructure, with periodic site visits by the Engineer. SURVEYING SERVICES PUBLIC INFRASTRUCUTRE 16. Collect as-built topographic survey of the Phase 1 Fill Project (+/- 25 acres) by others following mass grading activities are completed to ensure grades and elevations agreed to by the City were achieved, and provide necessary topographic data to support the Letter of Map Revision Based on Fill (LOMR-F) preparation. 17. Collect topographic survey of the public roadways alignments following clearing and grubbing performed by others. Collect topographic data along IH-45 frontage road to support TxDOT permitting. Collect topographic data on existing waterline utility at connecting points and confirm flow line elevations at the City lift station. Collect point and elevation data from any pipeline probes or pipeline coordination efforts. 18. Provide project control and construction staking for the project. 19. Provide As-Built topographic survey of the project following construction. 20. Provide metes-n-bounds description of the following: a. Public road right-of-way as dedicated from the Exxon Tract (narrative and exhibits). b. Dedicated land from Exxon Tract to the City of the Webster EDC Phase 1 Site Development (narrative and exhibits). c. Easements dedicated to the public to serve for water, sanitary and storm utilities (narrative and exhibits). d. Temporary construction easements to support access fill placement and public infrastructure construction (narrative only). TBPE F-2726 TBPLS &

21 Mr. Shannon Hicks February 22, 2017 Page 5 FEMA COORDINATION 21. IDS will prepare the appropriate FEMA forms for a Letter of Map Revision Based on Fill (LOMR-F), prepare work map and narrative letter request, and bundle this information with the As-Built topographic data and previously approved Hydraulic Impact Report. The City will provide a copy of the recorded deed for the property in order to provide proof of ownership in the LOMR-F package. This package will be submitted to the City of Webster Floodplain Administrator for concurrence, and then forwarded to FEMA for review and approval. Included in this cost of this element of work will be the FEMA application processing fee. Included in this effort will be coordination with the Exxon Tract on the location and quantity of floodplain mitigation volume provided as part of the overall public and private aspects of the Phase 1 of Destination Development. OTHER SERVICES: Geotechnical Report (Final) IDS will coordinate with Murillo Company to issue a FINAL Geotechnical Report with geotechnical recommendations for subgrade preparation and fill requirements for the Phase 1 Site Development activities and the public infrastructure supporting Phase 1. This work effort will also include time for Murillo Company to make site reviews of prepared subgrade areas and review of fill material being imported to confirm work activities consistent with their report recommendations. Construction Materials Testing (Mass Grading Project) IDS will coordinate construction materials testing services during site preparation and mass grading contract to ensure materials placed in conformance to the plans and specifications. The proposed subconsultant to perform these services is Terracon. Construction Materials Testing (Public Infrastructure) IDS will coordinate construction materials testing services for the proposed public infrastructure to ensure materials placed in conformance to the plans and specifications. The proposed subconsultant to perform these services is Terracon. Traffic Impact Analysis IDS will coordinate a traffic impact analysis, including data collection on IH-45 northbound frontage road, trip generation, distribution, assignment, traffic projection at each of the two driveway/roadway accesses locations. The report will provide peak-hour traffic operation analysis, level-of-service, turn lane analysis and recommendations. Including coordination meeting with TxDOT and formalization of findings and conclusions in report for review and approval by City of Webster and TxDOT. The proposed subconsultant to perform these services is TEDSI. Subsurface Utility Exploration IDS will coordinate subsurface utility exploration of the Enterprise 24 gas line, the Exxon 8 gas line (as needed) and the DOW 8 gas line to confirm vertical location to Level A accuracy. The proposed subconsultant to perform these services is RODS SUE. Permitting Coordination IDS will coordinate a permitting assessment to ensure that the roadway and associated improvements, including the storm sewer outfall structure avoid sensitive areas and can be constructed if applicable and appropriate with simplified permitting strategies such as a nationwide permit or other measures. Provide for the necessary documentation regarding wetlands/endangered TBPE F-2726 TBPLS &

22 Mr. Shannon Hicks February 22, 2017 Page 6 species to support preparation of forms for the map revision submission. The proposed subconsultant to perform these services is Berg Oliver Associates. SERVICES NOT INCLUDED Review of the contractor s means and methods of construction or safety procedures, which shall remain the sole responsibility of the contractor. Bidding and Contract Administration for Mass Grading Construction observation services for public infrastructure. Traffic signal design. Pipeline relocation design or special structures. Stormwater Management Detention Facility or HCFCD Stormwater Impact Study Fault Studies, Structural Foundation Designs, and Phase I Environmental Reports Investigations are not included in these services. IDS does not perform these services, but can provide recommendations, upon request. COMPENSATION We propose to provide the above described services, with the exception of Item 2 and Item 20 (c) and (d), for the Lump Sum Fees itemized below to be invoiced monthly based on the percent of services complete. We propose to perform Item 2 on an hourly basis and Items 20(c) and 20(d) on per unit cost basis; value shown is based upon an estimate of the number easements. Payment of our invoices will be made by the Owner within thirty (30) days of invoice date. Item 1 Construction Documents Mass Grading $ 44,000 Fee Item 2 Construction Observation Mass Grading $ 22,000 Hourly Item 3 Engineering During Construction Mass Grading $ 5,500 Fee Item 4-5 Work Limit & Control Staking/Topo/Max Fill Line $ 16,500 Fee Item 6 Schematic Layout $ 10,500 Fee Item 7-11 Construction Documents/Drainage/Pipeline Coord $ 181,500 Fee Item 12 TxDOT Permit Package $ 16,500 Fee Items 13 Platting $ 14,000 Fee Items Bid & Construction Contract Administration Services $ 17,500 Fee Item Project Control/Construction Staking/Topo/As-Builts $ 59,550 Fee Item 20(a)(b) Metes-and-Bounds Road ROW and Parcel $ 4,600 Conveyance Item 20(c)(d) Easement Documentation (up to 4; $800 per) $ 3,200 Item 21 FEMA Coordination $ 18,600 Fee TOTAL IDS SERVICES $ 391,950 TOTAL HOURLY SERVICES (ESTIMATED) $ 22,000 TOTAL IDS SERVICES $ 413,950 TBPE F-2726 TBPLS &

23 Mr. Shannon Hicks February 22, 2017 Page 7 OTHER SERVICES (with 5% markup for IDS)- Geotechnical Report (Murillo Company) $ 18,900 Construction Materials Testing Mass Grading Project (Terracon) $ 84,000 Construction Materials Testing Public Infrastructure (Terracon) $ 34,000 Traffic Impact Analysis (TEDSI) $ 9,500 Subsurface Utility Exploration (RODS SUE) $ 19,600 Permitting Coordination (Berg Oliver) $ 46,000 TOTAL OTHER SERVICES $ 212,000 Project Contingency (other services/permits) $ 50,000 TOTAL - $675,950 Reimbursable expenses will be billed at direct cost. Reimbursable expenses include, but are not limited to, reproduction, deliveries, out-of-town travel, platting fees, agency review fees, application fees. Applicable sales tax will be added to those fees subject to sales tax. Attachment A Terms and Conditions and Attachment B Conditions for Engineering Services on Time & Materials Basis are hereby a part of the agreement. These services will be invoiced monthly based on progress reported by us, subject to your verification. Payment of our invoices is due in our office within thirty (30) days of invoice date. This proposal is subject to change after a period of four months from the above date unless authorized. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please countersign this proposal below to indicate agreement with its terms. Should you have any questions, please do not hesitate to contact either of us. Respectfully submitted, Timothy E. Buscha, P.E. President Carol D. Harrison, P.E. Project Manager Accepted By: By: Name: Title: Date: \\FS3\Site\PROPOSALS\2017\Exxon 2017\COW Proposal Phase 1 Infrastrucutrev3.docx TBPE F-2726 TBPLS &

24 IDS Engineering Group Attachment A Terms and Conditions 1. AUTHORIZATION TO PROCEED Signing this Agreement shall be construed as express authorization by CLIENT for IDS to proceed with the work, unless otherwise provided for in the Agreement. 2. USE OF DOCUMENTS All documents produced by IDS under this Agreement shall be considered Instruments of Service for which IDS retains the copyright. Notwithstanding the foregoing, IDS grants to CLIENT a nonexclusive license to reproduce such Instruments of Service for the completion of the Project, provided that CLIENT complies with all obligations, including prompt payment of all sums when due, under this Agreement. Should CLIENT use any documents in circumstances in which IDS is no longer involved in the Project, the CLIENT shall defend and indemnify IDS on account of any such use and any claims made arising out of any modifications or changes to any such documents. Unless specifically provided for in the Agreement, files in electronic media will not be transmitted. Files in electronic media format of text, data, graphics, or other types, if any, will be furnished by IDS only for convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 3. STANDARD OF CARE IDS shall use the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Where construction phase services are included, it is understood that the proposed services specifically exclude any review of the Contractor s means and methods of construction and safety procedures. The means, methods and safety procedures will remain the sole responsibility of the Contractor and IDS shall have no liability or obligation with respect thereto. 4. COST ESTIMATES Any cost estimates provided by IDS will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, IDS cannot and does not warrant that bids or ultimate construction costs will not vary from these cost estimates. 5. PAYMENT TO IDS Monthly invoices will be issued by IDS for all work performed under the terms of this Agreement. Invoices are due and payable in full on receipt. Interest at the rate of 1.5% per month will be charged on all past-due amounts (45 days after invoice date), unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. No retainage will be withheld from payment. 6. DIRECT EXPENSES Certain expenses incurred by IDS in performing this assignment will be billed to the CLIENT at direct cost. These include regulatory fees, reproduction costs, travel expenses when traveling outside IDS s local office and adjacent counties, including meals, lodging, use of automobile at the current IRS approved rate and airline fares. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by IDS. 7. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for IDS s administrative costs, as provided for in this Agreement. 8. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by IDS if authorized by CLIENT. Additional services will be paid by CLIENT as provided for in this Agreement. 9. SALES TAX In accordance with the State Sales Tax Codes, certain professional and surveying services are taxable. Applicable sales tax is not included in the proposed fee. Sales tax at the applicable rate will be indicated on invoice statements and shall become part of the amount due and payable pursuant to the Agreement. 10. SUSPENSION/TERMINATION When invoices are delinquent for more than forty-five (45) days, CLIENT will be considered in breach of this Agreement and all services may be suspended. IDS shall not be responsible for delays in the Project caused by such suspension. Either CLIENT or IDS may terminate this Agreement by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay IDS in full for all work previously authorized and performed prior to effective date of termination or receipt of such notice, whichever is later. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 11. LIMITATION OF LIABILITY IDS s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fees earned under this Agreement. To the fullest extent permitted by law, neither Company, nor the Consultant, nor their sub consultants, if any, nor their respective affiliates shall be liable for any special, indirect, consequential, incidental, punitive or exemplary damages (extraordinary damages), whether or not foreseeable, arising out of or in connection with this Agreement, regardless of whether liability is based on breach of contract, breach of warranty, tort (including negligence and strict liability) or any other basis of liability. 12. MEDIATION All claims, disputes, and other matters in question arising out of, or relating to, this Agreement or the breach thereof may be decided by mediation. Either CLIENT or IDS may initiate a request for such mediation, but consent of the other party to such procedure shall be mandatory. No mediation arising out of, or relating to this Agreement may include, by consolidation, joinder, or in any other manner, any additional party not a party to this Agreement. 13. LITIGATION This Agreement shall be construed under and in accordance with the internal law, and not the law of conflicts, of the State of Texas. In the event legal action is brought by CLIENT or IDS against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, revised July 1999, CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, Park 35 Circle, Building A, Suite 156, Austin, Texas 78753, (512) SEVERABILITY In case any one or more of the provisions contained in this Agreement shall be held illegal or invalid, the enforceability of the remaining provisions contained herein shall not be impaired thereby and the provision which is determined to be illegal or invalid shall be replaced by a legal and valid provision which reflects the expressed intent of the parties to the maximum extent allowed by applicable law. Rev. June 2012

25 ATTACHMENT B IDS ENGINEERING GROUP, INC. CONDITIONS FOR ENGINEERING SERVICES ON TIME AND MATERIALS BASIS For and in consideration of the services to be rendered by the Engineer, the Client shall pay, and the Engineer shall receive the compensation on a time and materials basis hereinafter set forth. Engineer will invoice Client for services performed on a monthly basis. Services performed on a time and materials basis would be based on the actual hourly billing rates for members of our staff. The following is a list of typical hourly billing rates for various staff categories: Staff Category Typical Hourly Billing Rate Principal... $ Senior Project Manager... $ Project Manager... $ Design Manager... $ Project Engineer... $ Design Engineer... $ Senior Designer... $ GIS Technician... $ CADD Technician... $ Construction Manager... $ Construction Observer... $ Administrative... $ In addition, certain expenses incurred by us in performing this assignment will be billed to the Owner/Client at direct cost. These include long distance telephone calls, reproduction costs, travel expenses including meals, lodging, use of automobile $0.54 per mile (or current IRS rate) and airline fares. Certain subcontract services such as soil borings and tests will be billed to you at our direct cost plus ten percent (10%). TBPE F-2726 TBPLS & January 2016

26

27 Item 10 CITY COUNCIL AGENDA

28 MINUTES City Council Regular Meeting 101 Pennsylvania, Webster, Texas February 21, :00 P.M. 1. Call to Order. Mayor Donna Rogers called the meeting to order at 6:00 p.m. 2. Invocation and Pledge of Allegiance. Councilmember Larry Tosto gave the Invocation and Mayor Donna Rogers lead the Pledge of Allegiance. 3. Roll Call and Certification of a Quorum. City Secretary Crystal Roan called the roll and certified a quorum. Present were Mayor Donna Rogers, Councilmembers Jennifer Heidt, Andrea Wilson, Larry Tosto, Beverly Gaines, Edward Lapeyre, and Martin Graves. Others present included City Manager Wayne Sabo, Director of Community Development Derhyl Hebert, Director of Emergency Management Joe Ferro, Director of Public Works Shannon Hicks, Director of Finance and Administration Mike Rodgers, Director of Human Resources Carmen Williams, Director of Economic Development Betsy Giusto, Police Chief Danny Presley, and City Attorney Dick Gregg Jr. 4. Proclamations and Special Recognitions. IHOP s National Pancake Day and Shriners Hospitals for Children Day Mayor Rogers presented a proclamation recognizing IHOP s National Pancake Day and Shriners Hospitals for Children Day to Phil Gragg, Shriners Hospital. Mr. Gragg thanked the City Council for the recognition and invited the community to attend IHOP s National Pancake Day on March Requests or Petitions from the Public. There were none. NEW BUSINESS 6. CONSIDERATION/ACTION to adopt a resolution of which the caption reads: A RESOLUTION OF THE WEBSTER CITY COUNCIL AUTHORIZING AN EXPENDITURE BY THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION TO FUND THE PHASE 1 SITE DEVELOPMENT AND INFRASTRUCTURE SYSTEM AND ATTRACT NEW BUSINESS ENTERPRISE WITHIN THE DESTINATION DEVELOPMENT PROJECT ESTABLISHED BY THE WEBSTER ECONOMIC DEVELOPMENT CORPORATION IN THE CITY OF WEBSTER, TEXAS, HARRIS COUNTY; AND PROVIDING FOR THE

29 City of Webster City Council Meeting Minutes February 21, 2017 EFFECTIVE DATE THEREOF. This is the FIRST of two readings. (Texas Local Government Code, Chapter ) City Attorney Dick Gregg Jr. read the caption of the proposed resolution. Director of Economic Development Betsy Giusto gave an overview of the project. She stated that the Phase I Site Development includes clearing, grubbing, fill work and compaction, engineering, site preparation, utilities, and access for the approximate 28- acre site. She also stated that Phase I Infrastructure System delivers the primary public roadway network with sidewalks, landscaping, lighting, and City utilities. She stated that the Webster Economic Development Corporation approved funding for the Destination Development Project s Phase I Site Development and Infrastructure System in the amount of $6,600,000 at its regular meeting on February 14, Ms. Giusto also stated that in accordance with State statute, City Council is required to adopt a resolution in two readings authorizing the Webster Economic Development Corporation s expenditure before funds can be expended. Council discussed the projected timeline for the proposed Phase I Site Development and Infrastructure System. Director of Public Works Shannon Hicks stated Phase I Site Development is expected to be complete the first quarter of Council discussed deed restrictions for the 28-acre property site. Ms. Giusto stated certain uses are restricted. Councilmember Tosto moved to approve the first reading of the proposed resolution as captioned. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. 7. CONSIDERATION/ACTION to adopt an ordinance of which the caption reads: AN ORDINANCE OF THE CITY OF WEBSTER, TEXAS, ADOPTING AMENDMENT NO. 1 TO THE BUDGET OF THE CITY OF WEBSTER, TEXAS, FOR THE FISCAL YEAR ; BY PROVIDING DETAILED LINE INCREASES; BY MAKING SUPPLEMENTAL APPROPRIATIONS; DECLARING THIS A MATTER OF PUBLIC NECESSITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. This is the first and only reading. (Webster Charter Section 8.4) City Attorney Dick Gregg Jr. read the caption of the proposed ordinance. Director of Finance and Administration Mike Rodgers gave an overview of the proposed 2

30 City of Webster City Council Meeting Minutes February 21, 2017 amendment items. He stated that these expenditures were not appropriated in the original Fiscal Year Annual Budget, therefore an amendment is necessary to comply with the City Charter. He stated that Amendment Item 1 relates to personnel costs to increase appropriations in each division for full merit increases at an additional cost of $311,310. He stated that Amendment Item 2 relates to the Emergency Operations Center Renovation by removing the $500,000 appropriation in the Public Works-Maintenance Division since the project has been postponed until Mr. Rodgers stated that Amendment Item 3 increases the appropriations in the Tax Increment Reinvestment Zone Fund by $1,481,850 to cover the distribution of funds to Harris County and the City of Webster due to Zone termination. He also stated that Amendment Item 4 increases appropriations in the Hotel Occupancy Tax Fund by $3,500,000 to pay for the Mission Control Renovation at Johnson Space Center that was approved by a resolution at the City Council meeting on February 7, Mayor Rogers directed Staff to inform the public that funding for the Mission Control Renovation is funded using Hotel Occupancy Tax Funds. Councilmember Lapeyre moved approve this proposed ordinance as captioned. Councilmember Graves seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Ordinance No is adopted. 8. CONSIDERATION/ACTION to approve and authorize the Mayor to execute a contract with Linebarger Goggan Blair & Sampson LLP, Attorneys at Law, for the collection of delinquent ad valorem taxes. Mayor Rogers read the caption. Director of Finance and Administration Mike Rodgers gave an overview and introduced Chip Sutton, Linebarger Goggan Blair and Sampson, LLP. He stated that Linebarger Goggan Blair and Sampson, LLP currently provides collection services for delinquent ad valorem taxes for the City. Mr. Rodgers also stated that the proposed contract for collection services has a fixed five-year term from May 1, 2017 to April 30, 2022, with an evergreen clause allowing successive one-year renewals beyond the initial five-year term. Councilmember Tosto moved to authorize the Mayor to execute a contract with Linebarger Goggan Blair & Sampson LLP for the collection of delinquent ad valorem taxes. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. 9. CONSIDERATION/ACTION to approve and authorize the Mayor to execute the Engagement Letter of Belt Harris Pechacek, LLLP, Certified Public Accountants, 3

31 City of Webster City Council Meeting Minutes February 21, 2017 for professional auditing services for the fiscal years ending September 30, 2017, 2018, and (City Charter Section 8.08.C) Mayor Rogers read the caption. Director of Finance and Administration Mike Rodgers gave an overview and introduced Stephanie Harris of Belt Harris Pechacek, LLLP. Mr. Rodgers stated that Belt Harris Pechacek proposes a three-year engagement with the fees of $44,500, $45,835, and $46,295 for 2017, 2018, 2019 respectively. Councilmember Gaines moved to approve this item as captioned. Councilmember Tosto seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. 10. PRESENTATION of the Webster Police Department s 2016 Racial Profiling Report as filed with the Texas Commission on Law Enforcement (TCOLE) and the 2016 Racial Profiling Report Analysis. (State of Texas Code of Criminal Procedures, Article 2.131) Mayor Rogers read the caption. Police Chief Danny Presley presented the results of the 2016 Racial Profiling Report as filed with the Texas Commission of Law Enforcement in compliance with State law. He also advised Council that the 2016 Racial Profiling Report Analysis was independently generated by an expert in racial profiling. Chief Presley also stated that the analysis indicates that the Webster Police Department is in full compliance with Texas racial profiling statute and there is no indications of racial profiling by members of the Webster Police Department. 11. CONSIDERATION/ACTION to approve and authorize the Mayor to execute an interlocal agreement with the High Intensity Drug Trafficking Area for the purpose of fighting the illegal drug trafficking trade. Mayor Rogers read the caption. Police Chief Danny Presley gave a brief overview. He stated that the City has been participating in the Drug Enforcement Task Force with other law enforcement agencies for the last year. Chief Presley also stated that this Interlocal Agreement would enable the City to continuing participating in the task force. Councilmember Lapeyre moved to approve this item as captioned. Councilmember Wilson seconded the motion. 4