city council regular meeting cover sheet

January 12, 2021

City Council Regular Meeting

7:00 p.m.

____________________________________________________________________________________ January 12, 2021 Regular Council Meeting Agenda Page 3 of 4

ITEM 12.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Resolution

XXX-2021 – A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DICKINSON ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A BUSINESS OWNER PERFORMANCE AGREEMENT WITH GATOR’S BAR & GRILL, L.L.C., AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.

ITEM 13.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Resolution

Number XXX-2021 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES ON THE PIN OAK PAVING AND DRAINAGE PROJECT IN DICKINSON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE AN AGREEMENT FOR SUCH SERVICES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

ITEM 14.) DISCUSSION AND DIRECTION REGARDING: Replace signers on the

City’s Fourteen (14) Capital One accounts ITEM 15.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Authorization

to develop a Request for Qualifications (RFQ) and advertise for recruitment services for a permanent City Manager.

ITEM 16.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Separation of

Public Works from the Community Services Department ITEM 17.) EXECUTIVE SESSION: The City Council will now hold a closed executive

meeting pursuant to the provision of Chapter 551, Government Code, Vernon’s Texas Codes annotated, in accordance with the authority contained in:

A. Section 551.071 – Consultation with Attorney regarding pending litigation

and matters in which the duty of the City Attorney requires to be discussed in closed meeting.

B. Section 551.074 – Personnel Matter – Discussion and Deliberation regarding the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline or Dismissal of the Finance Director and City Secretary.

ITEM 18.) RECONVENE

ITEM 1

Call to Order

CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING

ATTENDANCE LIST MEETING DATE: January 12, 2020 Regular Meeting MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS __________ _________

POS. 1: COUNCILMEMBER H SCOTT APLEY __________ _________

POS. 2: COUNCILMEMBER SCOTT SHRADER __________ _________

POS. 3: COUNCILMEMBER WALTER WILSON __________ _________

POS. 4: COUNCILMEMBER WALLY DEATS __________ _________

POS. 5: COUNCILMEMBER LOUIS DECKER __________ _________

POS. 6: COUNCILMEMBER WILLIAM KING __________ _________

ALSO IN ATTENDANCE:

City Attorney David W. Olson __________ _________

Interim City Manager Joe Dickson __________ _________

Finance Director Penny Hunter __________ _________

Director of Community Services Kola Olayiwola __________ _________

Police Chief Ron Morales __________ _________

EMS Director Derek Hunt __________ _________

Fire Marshal Burt Heddles __________ _________

Court Administrator Irma Rivera __________ _________

Library Director Julianne Lane __________ _________

Bayou Animal Services Manager Sarah Haywood __________ _________

Interim City Secretary Kerilyn Bascle __________ _________

ITEM 2

Invocation

ITEM 3

Pledge of Allegiance

ITEM 4

ITEM 5

ITEM 5A

COUNCIL COMMENTS

ITEM 5B

SWEARING IN OF NEWLY ELECTED

OFFICIAL:

MAYOR

ITEM 6

ITEM 6A

Public Works Project Status Report

City of Dickinson Project Status

January 6, 2021

CDBG-DR Pin Oak Drainage Improvements

Bid and Awarded to Lucas Construction, Contract awarded on December 8, 2020. Pre-Construction on December 14, 2020. Public Meeting with residents on December 16, 2020. Start on January 4, 2021. Completion in July or August 2021. Engineering and Construction Administration – HZ – No additional funding required Construction Material Testing – Terracon – Currently under contract w Dickinson,

contract executed, Testing will be performed as a Quality Assurance, contractor will be responsible for Quality Control

Construction Management – HZ, funding will be per approved proposal to be ratified on January 12, 2021.

West Gum Bayou Drainage Improvements – Plans near 60% Plans will be completed by early February 2021. Environmental clearance will be required to bidding the project. Engineering and Construction Administration – HZ – No additional funding required Construction Material Testing – Terracon – Currently under contract w Dickinson,

funding to be determined, Testing will be performed as a Quality Assurance, contractor will be responsible for Quality Control

Construction Management – HZ, funding to be determined. Nicholstone Improvements (IDS) –

See IDS status report CDBG – MIT

Submitted on 10/28/2020 (or there about), waiting for word on if this was awarded No issues at this time. However should the City of Dickinson be awarded a grant then

the City would have to fund a 1% match as well have available funds to design and construction pay estimates until the funds are reimbursed.

The current grant request is $49M.

FEMA Desilt Package (Project #36050) Preparing reimbursement request No issues at this time. City and HZ staff are preparing FEMA summaries to request a

reimbursement for funds expended to date. This effort should be complete in the next week.

Currently involves Public Works Superintendent and HZ

FEMA Distribution Pine Grove Bridge Work

This was paid by FEMA but no work has commenced to date. Recommend returning the

funds as there is no benefit to proceeding and the cost to the City will well exceed the funds provided by FEMA.

Task Order Contract (Lucas Construction)

o See IDS report

MS4 / SWMP – TCEQ Violation Agreed Order has been sent to TCEQ, HZ will prepare new Notice of Intent (NOI) and

Storm Water Management Plan (SWMP) NOI and SWMP is due within 30 days of the TCEQ countersigning the Agreed Order HZ has prepared the revised SWMP and NOI that has been reviewed by Public Works.

Various Drainage Initiatives

California – Galveston County project w participation with Dickinson o Galveston County has engaged McDonough Engineering o HZ is assisting with drainage as 34th Street will drain to California o Dickinson portion of the contract is just a little over $1,000,000

Development Plan / Tract Review – Periodically review w Ray Burgess City Hall Modifications – CARE Act

Ray Stutzman to provide update Library Repairs

Awarded to Tucon on 12/3/2020 Pre-Con on January 6, 2021

Various Other Initiatives GIS Applications for Street Asset Management Asphalt Package – discussed and conceptual project manual developed Comprehensive Plan Development

of 3 13430 Northwest Freeway, Suite 700, Houston, Texas 77040 TBPE F‐2726 | TBPLS 10110700 t 713.462.3178 idseg.com

Project:

City of Dickinson ‐ Street and Drainage Improvement Projects

Bi‐Weekly Progress Report 01‐04‐2021

1. Task Work Authorization (TWA) No. 1 – Completed 10‐01‐2020

a. Frostwood Circle b. Sherwood Oaks Street c. Longshadow Drive d. Bayou Crest Neighborhood Ditch Desilt

i. Bayou Crest Circle, Evergreen Drive

2. TWA No. 2, Completion 02‐14‐2020

a. Winding Way b. Longshadow Drive Outfall c. 46th and St. Goar Street d. Oak Drive e. Woodlawn

3. TWA No. 3 – Ditch Desilt – Completed by the City of Dickinson

4. TWA No.4 – Completed June 2020

a. Lovers Lane b. Bayou Crest Circle c. Shady Oak Lane d. Animal Shelter

5. TWA No 5 – Ongoing

a. Anchor Way – Completed 10‐01‐2020 b. Palm Drive – Completed Nov 2020 c. Falco – Underway – Gas line adjustment to be completed by CenterPoint, anticipate

January 2021 completion .


d. 43rd Street – Completed December 2020

6. Nicholstone Paving and Drainage Improvements Project roadways include segments of 30th, 32nd, 34th, 38th, 39th, Kansas Avenue, Texas Avenue and Colorado Avenue. Project is schedule to be completed by late November 2021.

a. 30th Street i. Work Completed – Subgrade stabilization completed on both west bound and

east bound lanes. Paving completed on East bound lane (minus intersections). ii. Work Upcoming – Set forms and re‐bar being west bound lane. Anticipated pour

date of January 8, 2021. Begin driveway culvert and pavement replacement starting January 15, 2021.

iii. Completion expected Mid February 2021

b. 34th Street i. Work Completed ‐Completed subgrade stabilization on west and east bound

lanes from Kansas to Dickinson Ave. Paving completed on east bound lane in this area.

ii. Work Upcoming – Set forms and reinforcing steel starting from Dickinson Avenue to Kansas on west bound lane. Pour concrete starting at Dickinson Avenue beginning the week of January 11th. Finalizing submittal drawings for storm sewer manholes, anticipate submittal and approval by January 11, 2021. Driveway culverts and pavement to be replaced subsequent to pouring the west lane from Kansas to Dickinson Ave.

iii. Completion expected Mid May 2021.

c. 32nd Street i. Work Completed – Poured concrete on east bound lanes from Texas to

California. ii. Work Upcoming – Begin demolition of west bound lane January 5, 2021.

Subsequent stabilization and paving to be complete approximately 2 weeks after demolition is complete. Once this lane is poured and cured, driveway culvert and pavement replacement will begin.

iii. Completion expected Mid April 2021

d. 38th Street i. Work is anticipated to begin late April of 2021 and last through August of 2021.

e. 39th Street

i. Work is anticipated to begin late April of 2021 and last through August of 2021.

f. Kansas Avenue i. Work is anticipated to begin late May of 2021 and last through October of 2021.


g. Texas Avenue

i. Work is anticipated to begin late July of 2021 and last through November of 2021.

h. Colorado Avenue

i. Work is anticipated to begin late August of 2021 and last through November of 2021.

ITEM 6B

Update on Activities of the Houston-Galveston

Area Council

A G E N D A

HOUSTON-GALVESTON AREA COUNCIL

BOARD OF DIRECTORS MEETING

December 15, 2020 10:00 A.M.

Zoom Link to Participate: REGISTER HERE

Or Dial-In by Phone: 1-877-853-5247

Meeting ID: 940 1537 4061

Participant ID: 360519 | Passcode: 235182

CALLED TO ORDER: : A.M.

1. INVOCATION

Given by:

2. PLEDGE OF ALLEGIANCE

Given by:

ROLL CALL OF BOARD MEMBERS

3. PUBLIC COMMENT

We will now invite public comment. Members of the public may participate by joining

the webinar online or by dialing 1-877-853-5247. Members of the public were also

invited to send comments to [email protected] prior to the Board

Meeting. Please state your name and the topic of your comment before beginning your

remarks. Public comment may not exceed 3 minutes. Questions or concerns about the

operation of H-GAC programs may be referred to the Executive Director for study

or resolution.

The Texas Open Meetings law prevents the Board from deliberating or taking action

on matters raised in public comments.

4. DECLARE CONFLICTS OF INTEREST

5. CONSENT AGENDA

Items listed are of a routine nature and may be acted on in a single motion unless requested

otherwise by a member of the Board.

a. H-GAC BOARD MEETING MINUTES – NOVEMBER 17, 2020

Request approval of the minutes of the November 17, 2020 H-GAC Board Meeting.

(Staff Contact: Rick Guerrero)

b. HGACBUY – PORTABLE CONSTRUCTION AND MAINTENANCE

EQUIPMENT

Request authorization of contracts with the lowest responsible bidders for portable

construction and maintenance equipment. (Staff Contact: Ronnie Barnes)

c. HGACBUY – OFFICE MANAGEMENT SOFTWARE SOLUTIONS

Request authorization to negotiate contracts with the respondents listed for Office

https://zoom.us/webinar/register/WN_9XLfVZ2DR6aO_WrnN_ZzLw

mailto:[email protected]

H-GAC Board of Directors — December 15, 2020 Page 2

Management Software Applications and Services. (Staff Contact: Ronnie

Barnes)

d. REGIONAL SAFETY CAMPAIGN

Request authorization to make media buys for billboards, radio airtime and social

media to conduct a Regional Safety Outreach Campaign; amount not to exceed

$500,000. (Staff Contact: Patrick Mandapaka)

e. RENEWAL OF AGREEMENT WITH HARRIS COUNTY FOR THE TOW AND

GO PROGRAM

Request authorization to enter into an interlocal agreement with Harris County for

Freeway Surveillance for the Tow and Go Program; amount not to exceed

$3,300,000. (Staff Contact: Patrick Mandapaka)

f. WORKFORCE SYSTEM BOOTCAMPS FOR ENTREPRENEURS

Request approval of two contracts for entrepreneurial bootcamps: Women’s

Business Enterprise Alliance, amount not to exceed $29,700; and MassChallenge

Inc., amount not to exceed of $49,996. (Staff Contact: Mike Temple)

g. RENEWAL OF GEOGRAPHIC INFORMATION SOFTWARE

MAINTENANCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS

RESEARCH INSTITUTE

Request approval to renew annual maintenance and support agreement with

Environmental Systems Research Institute; amount not to exceed $63,300. (Staff

Contact: Tanya Nguyen)

Motion by:

Second by:

6. FINANCE AND BUDGET COMMITTEE (Chair: Council Member William King III)

Report on activities and Committee recommendations.

a. MONTHLY FINANCIAL REPORT - NOVEMBER 2020

Request approval of monthly financial report ending November 30, 2020. (Staff

Contact: Nancy Haussler)

Motion by:

Second by:

7. BUDGET AND SERVICE PLAN

a. PUBLIC HEARING

Public Hearing on proposed H-GAC 2021 Budget and Service Plan. (Staff

Contact: Chuck Wemple)


b. H-GAC 2021 BUDGET AND SERVICE PLAN

Request approval of the recommended H-GAC 2021 Budget and Service Plan.

(Staff Contact: Chuck Wemple)

Motion by:

Second by:

c. SALARY AND BENEFIT PROGRAM - 2021

Request approval of recommended employee salary ranges for 2021. (Staff

Contact: Nancy Haussler)

Motion by:

Second by:

8. AUDIT COMMITTEE (Chair: Judge Jay Knight)

a. SELECTION OF EXTERNAL AUDITOR FOR ANNUAL AUDIT

No action needed; previous authorization allows for continuing use of professional

audit services from BKD as the independent external auditor for the H-GAC fiscal

year ending 2021. (Staff Contact: Charles Hill)

b. INTERNAL AUDIT ANNUAL PLAN FOR FISCAL YEAR 2021

Request approval of Internal Audit Annual Plan for Fiscal Year 2021. (Staff

Contact: Charles Hill)

Motion by:

Second by:

9. WATER RESOURCES COMMITTEE (Chair: Commissioner Andy Meyers)

a. WATER RESOURCES COMMITTEE UPDATE

Request approval of Water Resources Committee recommendations to H-GAC

Priority Flood Mitigation Projects list. (Staff Contact: Justin Bower)

Motion by:

Second by:

10. H-GAC ADVISORY COMMITTEE APPOINTMENTS

a. H-GAC 2020 ADVISORY COMMITTEE APPOINTMENTS

Request approval of appointments to H-GAC advisory committees. (Staff Contact:

Rick Guerrero)


Motion by:

Second by:

11. ELECTION COMMITTEE (Chair: Commissioner Stacy Adams)

a. ELECTION COMMITTEE – 2021 H-GAC BOARD OFFICERS

Request approval of Election Committee recommendations for 2021 H-GAC

officers, and authorization to issue General Assembly ballots. (Contact:

Commissioner Stacy Adams)

Motion by:

Second by:

INFORMATION

12. EXECUTIVE DIRECTOR’S REPORT

a. RESPONSE TO COVID-19 PANDEMIC

No action requested. For information only. (Staff Contact: Chuck Wemple)

b. H-GAC SPOTLIGHT – APPRENTICESHIPS

No action requested. For information only. (Staff Contact: Susan Dixon)

c. CURRENT AND UPCOMING H-GAC ACTIVITIES

Report on current and upcoming H-GAC activities. (Staff Contact: Chuck

Wemple)

13. ADJOURNMENT

ADJOURNED: : A.M.

ITEM 7

ITEM 8

ITEM 8A

Julie Masters, Mayor H Scott Apley Sean Skipworth Walter Wilson

MINUTES City of Dickinson CITY COUNCIL

SPECIAL WORKSHOP MEETING

Wally Deats Louis Decker

William H. King III

____________________________________________________________________________________December 8, 2020 Council Special Workshop Meeting Minutes Page 1 of 1

December 8, 2020

The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on Tuesday, December 8, 2020, at 6:00 p.m. In accordance with order of the Office of the Governor issued March 16, 2020, the City Council of the City of Dickinson, Texas conducted the meeting by telephone and video conference in order to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19). The meeting was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Mayor Masters called the meeting to order at 6:03 p.m. Interim City

Secretary Kerilyn Bascle called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Councilmembers H Scott Apley, Sean Skipworth, Walter Wilson, Wally Deats, Louis Decker, and Mayor Pro-Tem William H. King, III. Also present was Interim City Manager Joe Dickson.

ITEM 2.) PRESENTATION AND DISCUSSION CONCERNING: City of Dickinson

Project Budget – Contract No. 20-065-029-C096 Joe Myers with Huitt Zollars gave a presentation to review the projects the

City is currently undertaking or will be beginning soon. Also present were Travis Sellers with IDS Engineering and Patrick Wiltshire with Public Management.

ITEM 3.) ADJOURN Councilmember Wilson made a motion to adjourn the meeting at 6:42 pm.,

and Councilmember Deats seconded the motion. There being no discussion, Mayor Masters called for a vote.

VOTE 7 AYES (Masters, Apley, Skipworth, Wilson, Deats, Decker, King) PASSED, APPROVED AND ADOPTED this the 12th day of January, 2021. ____________________________ Sean Skipworth, Mayor ATTEST: _____________________________ Kerilyn Bascle, Interim City Secretary

ITEM 8B

ITEM 8C

ITEM 9

______________________________________________________________________________ CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2021 Page 1 of 4

ORDINANCE NUMBER XXX-2021

AN ORDINANCE LEVYING A SPECIAL ASSESSMENT ON CERTAIN PROPERTY IN PUBLIC IMPROVEMENT DISTRICT NO. TWO (BAYOU LAKES); PROVIDING FOR THE INCORPORATION OF A PREAMBLE, A SEVERABILITY CALUSE, AND AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Dickinson, Texas (the “Council”)

passed and approved Resolution Nos. 956-2007 and 957-2007 dated December 11, 2007, authorizing the establishment and creation of the City of Dickinson Public Improvement District Number Two (Bayou Lakes); and

WHEREAS, by Resolution No. 973-2008 dated March 25, 2008, the Council approved a service and assessment plan for Public Improvement District Number Two; and

WHEREAS, the total costs of an improvement project for Public Improvement District Number Two Section 4 have now been determined and reviewed by the City’s auditors; and

WHEREAS, a proposed assessment roll incorporating the costs of the public improvement project has been prepared and is on file with the City; and

WHEREAS, the City Council called a public hearing to consider the proposed assessments, directed that the proposed assessment roll be filed with the City Secretary and made available for public inspection during ordinary business hours of that office; and

WHEREAS, notice by mail and publication of the public hearing having been given as required by law and the hearing having been held by the City Council on this 8TH day of December 2020, at which time all objections were heard and passed on;

NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, as follows:

Section 1. The Service and Assessment Plan containing the total cost of the improvements for Section 4 Residential is incorporated by reference and made a part hereof. The apportionment of the cost of the improvement shall be made on the basis of special benefits accruing to the property because of the improvement.

Section 2. A special assessment of $40,600 ($2,030 per annum) distributed evenly per lot is hereby levied on such property located in Public Improvement District No. Two, Section Four consisting of 95 single family lots, all as described on the assessment roll, attached hereto and by this reference made a part hereof.

Section 3. The assessment will be paid annually in approximately equal installments over a 20 year period commencing no sooner than calendar year 2021 and no later than calendar year 2025 and will be delinquent if not paid by January 31 following each calendar year. The assessment shall bear interest at the rate of 0% (zero percent) per annum.


Section 4. An assessment, with interest if any, the expense of collection and reasonable attorney’s fees, if incurred, is a first and prior lien against the property assessed, superior to all other liens and claims except liens or claims for state, county, school district, or municipality ad valorem taxes, and is a personal liability of and charge against the owners of the property regardless of whether the owners are named.

Section 5. The lien is effective from the date of this Ordinance until the assessment is paid and may be enforced in the same manner that an ad valorem tax lien against real property may be enforced by this governing body.

Section 6. The owner of assessed property may pay at any time the entire assessment, with interest if any, that has accrued on the assessment.

Section 7. The facts and opinions in the preamble of this ordinance are true and correct. The contents of the notice of public hearing, which hearing was held before the City Council immediately prior to consideration of this ordinance, and the publication and circulation of said notice is hereby ratified, approved and confirmed.

Section 8. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.

Section 9. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place, and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and rapidly accessible at all times to the general public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Section 551, Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof.

Section 10. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

DULY PASSED AND APPROVED on first reading this 8th day of December, 2020.

DULY PASSED, APPROVED AND ADOPTED on second reading this 12th day of January 2021.

(Third reading suspended)

DULY PASSED, APPROVED AND ADOPTED on third and final reading this _____ day of ______________, 2021.


Sean Skipworth, Mayor City of Dickinson, Texas

Attest: Kerilyn Bascle, Interim City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ________________________________________ David W. Olson, City Attorney City of Dickinson, Texas


Exhibit A PID 2 Bayou Lakes Section 4 Assessment Roll

ITEM 10

CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2021 Page 1 of 2

ORDINANCE XXX-2021

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING THE CODE OF ORDINANCES BY RENUMBERING SECTION 3.05(e) OF THE CITY’S CHARTER TO NOW READ AS SECTION 3.05(d); PROVIDING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

* * * * * WHEREAS, the City Council of the City of Dickinson, Texas (the “City”) ordered and held a special election on November 3, 2020 to submit proposed Charter amendments to the voters for their consideration and approval; and WHEREAS, the voters approved all proposed Charter amendments at said election, including Proposition R, which deleted Section 3.05(d) requiring that the Mayor Pro Tem become the Mayor in the event of vacancy in the office of Mayor, and Proposition O, which permits Council to renumber and rearrange the sections of the Charter by Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein.

Section 2. Section 3.05 of the Charter of the City of Dickinson is hereby amended by renumbering Section 3.05(e) to now read as Section 3.05(d).

Section 3. This Ordinance shall be cumulative of all other Ordinances and

shall not repeal any of the provisions of said Ordinances except those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided, however, that any complaint, action, claim or lawsuit that has been initiated or has arisen under or pursuant to any of the Ordinances or sections thereof that have been specifically repealed on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance or section thereof and for that purpose the Ordinance or section thereof shall remain in full force and effect.

Section 4. In the event any section, paragraph, subdivision, clause, phrase,

provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance

CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2021 Page 2 of 2

as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED AND APPROVED on the first reading this 12th day of January, 2021.

PASSED AND APPROVED on the second reading this ____ day of __________,

2021.

DULY PASSED, APPROVED AND ADOPTED on third and final reading this the ________ day of _______________, 2021. ___________________________________ Sean Skipworth, Mayor City of Dickinson, Texas ATTEST: APPROVED AS TO FORM AND CONTENT: __________________________ ___________________________________ Kerilyn Bascle, Interim City Secretary David W. Olson, City Attorney City of Dickinson, Texas City of Dickinson, Texas

ITEM 11

_________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXXX-2021 Page 1 of 2

RESOLUTION NUMBER XXX-2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, ACCEPTING THE OFFERS OF DEDICATION OF STREET RIGHT-OF-WAYS EASEMENTS AND IMPROVEMENTS AS SHOWN ON THE AMENDING PLAT OF BAYOU MAISON SUBDIVSION SECTION THREE AS RECORDED UNDER DOCUMENT NUMBER 2019009024, IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Dickinson on February 22, 2019 approved the Final Plat for the Bayou Maison Section Three, thereby accepting the offers of dedication shown thereon subject to acceptance of improvements; and WHEREAS, Dickinson Forty, LLC, filed an Amending Plat in the office of the County Clerk of Galveston County, Texas, creating Reserve “F” and Utility Easement Extension through Landscape Reserve of Bayou Maison, Section Three; and WHEREAS, the required public improvements have been completed in conformance with City of Dickinson Code, and verified and approved by the Engineer representing the City and Chief Building Official, as well as a final walkthrough dated December 4, 2020; and WHEREAS, the City Council finds that the acceptance of the offers of dedication of street right-of-ways easements and improvements for Bayou Maison Section Three serve the public purpose and that Dickinson’s best interests are served by the acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and statements contained in the preamble are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes.

Section 2. The City Council of the City of Dickinson hereby accept the following streets: E. Bayou Maison Circle, W. Bayou Maison Circle, Lafayette Ct, and all easements and reserves as shown on the Amending Plat of Bayou Maison Subdivision Section Three, as recorded under Document Number 2019009024, in the office of the County Clerk of Galveston County, Texas.

_________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXXX-2021 Page 2 of 2

Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED AND ADOPTED on this the 12th day of January, 2021. _____________________________________ Sean Skipworth, Mayor City of Dickinson, Texas ATTEST: ____________________________________ Kerilyn Bascle, Interim City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ____________________________________ David W. Olson, City Attorney City of Dickinson, Texas

ITEM 12

CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2021 Page 1 of 2

RESOLUTION XXX-2021

A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DICKINSON ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A BUSINESS OWNER PERFORMANCE AGREEMENT WITH GATOR’S BAR AND GRILL, LLC, AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Dickinson Economic Development Corporation (“DEDC”) is a “Type B” Economic Development Corporation governed by Chapter 505, Type B Corporations of the TEX. LOC. GOV’T CODE § 505.001, et seq.; WHEREAS, a Type B Economic Development Corporation is authorized by TEX. LOC. GOV’T CODE § 505.155 to fund projects including the provision of land, buildings, equipment, facilities, expenditures, targeted infrastructure and improvements that are for the creation or retention of primary jobs; WHEREAS, a Type B Economic Development Corporation is further authorized by TEX. LOC. GOV’T CODE § 505.102(1) to enter into contracts with a private corporation to carry out an industrial development program or objective; WHEREAS, according to the economic impact study performed by Impact DataSource, LLC dated October 16, 2020, the establishment of a 3,000 square foot infoor/patio restaurant and bar in the City of Dickinson will create and retain primary jobs; and WHEREAS, in order to establish Gator’s in the City of Dickinson, Texas, a loan under the terms and conditions of a Performance Agreement the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); WHEREAS, the Board of Directors of the DEDC believes that the relocation of Chemic to the City of Dickinson, Texas will contribute to the economic development of the City by increasing ad valorem taxes, increasing sales tax and increasing employment; WHEREAS, the Board of Directors of the DEDC has determined the Performance Agreement is a suitable program for providing economic incentives as authorized by TEX. LOC. GOV’T CODE § 505.102(1); and WHEREAS, the Board of Directors of the DEDC determined that the Performance Agreement complies with TEX. LOC. GOV’T CODE § 501.073(a).

CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2021 Page 2 of 2

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS: SECTION 1: That the City Council hereby approves the Performance Agreement with Gator’s Bar and Grill, LLC, as authorized by TEX. LOC. GOV’T CODE § 501.054(b)(2) and further authorizes the Executive Director of the DEDC to execute and fund the Performance Agreement. SECTION 2: The Executive Director of the DEDC is hereby authorized to execute any documents necessary to effectuate the Performance Agreement.

SECTION 3: That this Resolution shall be in full force and effect from and after its passage and adoption.

DULY PASSED AND APPROVED this the 12th day of January, 2021. _______________________________ Sean Skipworth, Mayor City of Dickinson, Texas ATTEST: ___________________________________ Kerilyn Bascle, Interim City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ David W. Olson, City Attorney City of Dickinson, Texas

ITEM 13

______________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2021 Page 1 of 2

RESOLUTION NUMBER XXX-2021

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES ON THE PIN OAK PAVING AND DRAINAGE PROJECT IN DICKINSON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE AN AGREEMENT FOR SUCH SERVICES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, City of Dickinson has been presented with a proposal from Huitt-Zollars, Inc. for the provision of professional services agreement to provide construction management services for the City of Dickinson Pin Oak Paving and Drainage Project (hereinafter, “Proposal”), a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference; and

WHEREAS, the estimated fee for these construction management services is an

hourly not to exceed budget of $80,000; and WHEREAS, the anticipated completion of the final design phase services is within

two hundred seventy (270) calendar days from receipt of notice to proceed; and WHEREAS, upon full review and consideration of the Proposal and all matters

attendant and related thereto, the City Council is of the opinion that the Proposal should be approved and that the City Manager should be authorized to execute a Professional Services Agreement (“Agreement”) with Huitt-Zollars, Inc. and any and all documents necessary to effectuate such Agreement on behalf of the City of Dickinson. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The proposal, having been reviewed by the City Council of the City of Dickinson and found to be acceptable and in the best interests of the City of Dickinson and its citizens, is hereby in all things approved.

Section 3. The City Manager is hereby authorized to execute a Professional Services Agreement with Huitt-Zollars, Inc., and empowered, for and on behalf of the City, to take all such actions and to execute, verify, acknowledge, certify to, file and deliver all such instruments and documents required in the Agreement as shall in the judgment of the City Manager be appropriate in order to effect the purposes of the foregoing resolution and Agreement.

______________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2021 Page 2 of 2

Section 4. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED on this the 12th day of January 2021. _____________________________________ Sean Skipworth, Mayor City of Dickinson, Texas ATTEST: ____________________________________ Kerilyn Bascle, Interim City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ____________________________________ David W. Olson, City Attorney City of Dickinson, Texas

December 15, 2020

Mr. Joe Dickson Interim City Manager City of Dickinson 4403 Highway 3 Dickinson, Texas 77539

Reference: Pin Oak Paving and Drainage Project – Project #2012

Subject: Construction Management Services

Dear Mr. Dickson:

Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide our proposal to the City of Dickinson (City) for providing construction management services on the Pin Oak Paving and Drainage Project in Dickinson, Texas (Project). Our proposal is based upon the following scope of services, compensation, schedule, terms and conditions and attachments contained herein.

SCOPE OF SERVICES: 1.1 Huitt-Zollars (CM) shall provide the services:

1.1.1 Prepare the Agenda and conduct the Pre-construction Conference. 1.1.2 In consultation with the City, prepare an initial priority list for the construction work sites as

well as follow-on work site locations for work as they are identified. 1.1.3 Conduct progress meetings with the Construction Contractor to review actual progress and

near-term future work. Document the meeting and provide City with minutes of the meeting. 1.1.4 Provide full-time, on-site personnel to observe the construction work in progress and prepare

a daily work report for each calendar day of the construction contract. On each Daily Work Report, the CM shall note the location of construction work sites, limits of work completed and quantities of work completed for each bid item. In such inspections and observations, the CM will endeavor to protect the City against defects and deficiencies in the work of Contractor, but CM does not guarantee the performance of the Contractor nor assume responsibility for construction means, methods, techniques, sequences, procedures, or for safety precautions or programs in connection with the construction work. The CM shall not be responsible for the acts or omissions of the Contractor, or any subcontractor's agents or employees, or any other persons performing any of the work.

1.1.5 Provide consultation and advice to the City during construction. 1.1.6 Prepare a monthly progress status report for the project. The progress report shall present an

assessment of the current status of the project and work remaining. The CM shall meet with the City to review contract status, provide information and make recommendations pertinent to the project as appropriate.

1.1.7 Review Contractor's Payment Request and, based on observations of construction progress at the site and the daily reports, submit to the City for approval and payment.

1.1.8 Receive, log, review and return to Contractor all construction submittals required by the construction documents.

1.1.9 Coordinate the sampling and testing of materials to be performed by an independent material testing laboratory under separate contract with the City if required. The CM shall receive and maintain the records provided by the testing lab. The CM shall review material testing lab’s invoices monthly and provide recommendation to City for further processing.

1.1.10 Recommend the issuance of a stop work order by the City as necessary.

of 6

1.1.11 Assist City with coordination between utility companies and others who may be involved in the project. Construction Contractor will be required to provide evidence that all required permits, licenses and certificates have been obtained.

1.1.12 Monitor the construction work to determine that the work is in general conformance with the drawings and specifications.

1.1.13 Receive, log, evaluate, and respond to Contractor’s Requests for Information (RFI). 1.1.14 Prepare, log and submit Requests for Proposals (RFP) to the Construction Contractor as

required. Upon receipt of the Contractor’s proposal, CM shall review and evaluate the proposal in terms of cost and schedule. As necessary, conduct negotiations with the Contractor. Prepare a recommendation of the Contractor’s proposal to the City for review and acceptance.

1.1.15 Based upon City-accepted proposals from the Contractor, prepare change orders for execution by the Contractor and the City.

1.1.16 Investigate and respond to third party issues and complaints concerning the Construction Contractor’s operations. The Contractor shall be advised of the complaint and required to remedy the situation. The City shall be notified of the complaint with recommended remedy.

1.1.17 Monitor Contractor’s adherence to traffic control management requirements. 1.1.18 Monitor Contractor’s maintenance of streets to keep them cleaned and free of construction

material, debris, vegetation and soil. 1.1.19 Establish and maintain files for all construction-related project documents. The CM shall

maintain detailed financial records for the project, including payment requests and supporting documentation.

1.1.20 Obtain a copy of the Contractor’s written safety program and advise the City of identified discrepancies. Conduct of the Contractor’s safety program, as well as the means and methods of construction, shall remain the whole, sole and exclusive responsibility of the Construction Contractor.

1.1.21 Conduct a substantial completion inspection of each individual site and attach a list of any work to be completed or corrected.

1.1.22 Provide a final inspection of the project in conjunction with the City. Upon receipt of the project close-out documents from the Contractor, CM shall prepare a Certificate of Final Completion and other documentation as required for approval by the City.

COMPENSATION: 1.1 We propose an hourly not to exceed budget of $ 80,000.00. This amount shall not be exceeded

without additional written authorization from the City of Dickinson.

1.2 Invoices will be submitted monthly. Reimbursable expenses and hourly tasks, based upon actual time spent working on the assignment, shall be invoiced per the attached hourly Rate Schedule.

SCHEDULE: The performance period for these services is anticipated to be completed within two hundred seventy (270) calendar days. Should the Project duration extend past two hundred seventy (270) calendar days, additional compensation will be required.

of 6

TERMS & CONDITIONS Following are the Terms and Conditions that will apply to this Agreement:

1. AUTHORIZATION FOR WORK TO PROCEEDSigning of this Agreement for services shall be authorization by the City for Huitt-Zollars, Inc. to proceedwith the work.

2. OPINION OF PROBABLE CONSTRUCTION COSTSConstruction cost estimates provided by Huitt-Zollars are prepared from experience and judgment.Huitt-Zollars has no control over market conditions or construction procedures and does not warrantthat proposals, bids, or actual construction costs will not vary from Huitt-Zollars estimates.

3. STANDARD OF CAREServices performed by Huitt-Zollars under this Agreement will be conducted in a manner consistent withthat level of care and skill ordinarily exercised by members of the profession currently practicing in thesame locality under similar conditions. No other representation, expressed or implied, and no warrantyor guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise.

4. TAXESAll taxes, including but not limited to gross receipts tax, sales tax, etc., required to be paid will be billedto the City in addition to fees.

5. BILLING AND PAYMENTThe City, recognizing that timely payment is a material part of the consideration of this Agreement, shallpay Huitt-Zollars for services performed in accordance with the rates and charges set forth herein.Invoices will be submitted by Huitt-Zollars on a monthly basis and shall be due and payable within thirty(30) calendar days of invoice date. If the City objects to all or any portion of an invoice, the City shall sonotify Huitt-Zollars in writing within ten (10) calendar days of receipt of the invoice in question, but willpay, when due, that portion of the invoice not in dispute.

The City shall pay an additional charge of one-and-one-half percent (1.5%) (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by Huitt-Zollars more than thirty (30) calendar days from date of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of City. Payment thereafter shall first be applied to accrued interest and then to the principal unpaid amount.

If City, for any reason, fails to pay an invoice or the undisputed portion of a Huitt-Zollars invoice within sixty (60) calendar days of invoice date, Huitt-Zollars will notify the City by registered mail that Huitt-Zollars shall cease work on the project in ten (10) calendar days if the invoice in question is not paid. In this case, the City shall waive any claim against Huitt-Zollars, and shall defend and indemnify Huitt-Zollars from and against any claims for injury or loss stemming from Huitt-Zollars’ cessation of service. City shall also pay Huitt-Zollars the cost associated with premature project demobilization. In the event the project is remobilized, City shall also pay the cost of remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service.

In the event any invoice or portion thereof is disputed by City, City shall notify Huitt-Zollars within ten (10) calendar days of receipt of the bill in question, and City and Huitt-Zollars shall work together toresolve the matter within forty-five (45) days of its being called to Huitt-Zollars’ attention. If resolutionof the matter is not attained within forty-five (45) calendar days, either party may terminate thisAgreement.

of 6

6. CONSEQUENTIAL DAMAGES The City shall not be liable to Huitt-Zollars and Huitt-Zollars shall not be liable to the City for any

consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the City or Huitt-Zollars, their employees, agents or subcontractors. Consequential damages include, but are not limited to loss of use and loss of profit.

7. TERMINATION In the event termination becomes necessary, the party (City or Huitt-Zollars) effecting termination shall

so notify the other party, and termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause of termination, the City shall within thirty (30) calendar days of termination remunerate Huitt-Zollars for services rendered and costs incurred up to the effective time of termination, in accordance with Huitt-Zollars’ prevailing Fee Schedule and Expense Reimbursement Policy.

8. ADDITIONAL SERVICES Any services beyond those specified herein will be provided for separately under a mutually agreed upon

Scope of Services, Budget and Schedule and an additional written authorization from the City. 9. GOVERNING LAW

The laws of the State where the project is located will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought to the courts of that State.

10. HAZARDOUS MATERIALS--SUSPENSION OF SERVICES As used in this Agreement, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statues) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the Project site. Both parties acknowledge that Huitt-Zollars’ scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event Huitt-Zollars or any other party encounters any hazardous or toxic materials, or should it become known to Huitt-Zollars that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of Huitt-Zollars’ services, Huitt-Zollars may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the City retains appropriate consultants or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations.

11. CONSTRUCTION OBSERVATION If Construction Phase Services are part of this Agreement, Huitt-Zollars shall visit the site at intervals

agreed to in writing by the City and Huitt-Zollars, in order to observe the progress and quality of the Work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor’s work but rather are to allow Huitt-Zollars to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents.

Based on this general observation, Huitt-Zollars shall keep the City informed about the progress of the

Work and shall advise the City about observed deficiencies in the Work.

of 6

If the City desires more extensive project observation or fulltime project representation, the City shall

request that such services be provided by Huitt-Zollars as Additional Services in accordance with the terms of this Agreement. Huitt-Zollars shall not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents.

Huitt-Zollars shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any

entity performing any portions of the Work, or any agents or employees of any of them. Huitt-Zollars does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations.

12. JOBSITE SAFETY Neither the professional activities of Huitt-Zollars, nor the presence of Huitt-Zollars or its employees and

sub consultants at a construction/project site, shall impose any duty on Huitt-Zollars, nor relieve the Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. Huitt-Zollars and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The City agrees that the Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the City’s contract with the Contractor.

The City also agrees that the Contractor shall defend and indemnify the City, Huitt-Zollars and Huitt-

Zollars’ sub consultants. The City also agrees that the City, Huitt-Zollars and Huitt-Zollars’ sub consultants shall be made additional insureds under the Contractor’s policies of general liability insurance. The City shall furnish to Huitt-Zollars certificates of insurance from the Contractor evidencing the required coverage specified above. The certificates shall include a provision that Huitt-Zollars shall receive thirty (30) days minimum written notification in the event of cancellation, non-renewal or material change of coverage.

13. RIGHT TO RELY ON CITY-PROVIDED INFORMATION City shall be responsible for, and Huitt-Zollars may rely upon, the accuracy and completeness of all

requirements, programs, instructions, reports, data, and other information furnished by City or any of its other consultants (collectively the City) to Huitt-Zollars pursuant to this Agreement. Huitt-Zollars may use such requirements, programs, instructions, reports, data, plans and information in performing or furnishing services under this Agreement. Any increased costs incurred by Huitt-Zollars due to changes in or the incorrectness of information provided by the City shall be compensable to Huitt-Zollars.

14. OWNERSHIP OF INSTRUMENTS OF SERVICE All reports, drawings, specifications, computer files, field data, notes and other documents and

instruments prepared by Huitt-Zollars as instruments of service shall remain the property of Huitt-Zollars. Huitt-Zollars shall retain all common law, statutory and other reserved rights, including the copyright thereto.

of 6

15. SEVERABILITYAny term or provision of this Agreement found to be invalid under any applicable statute or rule of lawshall be deemed omitted and the remainder of this Agreement shall remain in full force and effect.

16. ASSIGNMENTNeither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest inthis Agreement, including but not limited to monies that are due or monies that may be due, without theprior written consent of the other party. Subcontracting to sub consultants, normally contemplated byHuitt-Zollars as a generally accepted business practice, shall not be considered an assignment forpurposes of this Agreement.

AUTHORIZATION:

Should this proposal meet with your approval, please sign and return to our office by mail or email at [email protected]. We will schedule the above services as soon as we receive your authorization. If you have any questions, please call.

Respectfully submitted, Huitt-Zollars, Inc.

Joseph T. Myers, P.E., CFM Vice President

Gregory R. Wine, P.E., LEED AP Senior Vice President

Enclosure

Accepted and Approved for City of Dickinson

(Signature)

(Name)

(Title)

(Date)

Engineering/Architecture Interior Design

Principal 255.00$ Sr. Interior Designer 140.00$ Design Principal 235.00$ Interior Designer 120.00$ Sr. Project Manager 235.00$ Interior Designer Intern 90.00$ QA Manager 230.00$ Project Manager 200.00$ SurveySr. Civil Engineer 200.00$ Survey Manager 170.00$ Sr. Structural Engineer 200.00$ Sr. Project Surveyor 155.00$ Sr. Mechanical Engineer 190.00$ Project Surveyor 140.00$ Sr. Electrical Engineer 190.00$ Survey Technician 130.00$ Civil Engineer 185.00$ Surveyor Intern 115.00$ Structural Engineer 185.00$ Mechanical Engineer 165.00$ Survey CrewsElectrical Engineer 165.00$ 1-Person Survey Crew 100.00$ Plumbing Engineer 150.00$ 2-Person Survey Crew 150.00$ Engineer Intern 135.00$ 3-Person Survey Crew 175.00$ Sr. Architect 195.00$ Architect 160.00$ ConstructionArchitect Intern 1 100.00$ Construction Manager 190.00$ Architect Intern 2 120.00$ Resident Engineer 185.00$ Architect Intern 3 150.00$ Sr. Project Representative 135.00$ Sr. Landscape Architect 175.00$ Resident Project Representative 100.00$ Landscape Architect 135.00$ Landscape Architect Intern 100.00$ AdministrativeSr. Planner 250.00$ Sr. Project Support 100.00$ Planner 160.00$ Project Support 80.00$ Planner Intern 100.00$ Sr. Designer 155.00$ Reimbursable ExpensesDesigner 130.00$ Consultants Cost + 10%Sr. CADD Technician 140.00$ Other Direct Costs Cost + 10%CADD Technician 100.00$ Mileage IRS Standard Business Mileage Rate

Houston2020

HOURLY RATE SHEET

ITEM 14

ITEM 15

ITEM 16

ITEM 17

ITEM 18

ITEM 19

ITEM 20

ITEM 20A

Request for future

agenda items

ITEM 20B

Scheduling future

meetings

ITEM 21