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Ordinance No. 16,131 ORDINANCE NO. 16,131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WSB, LLC,
FOR THE EMERGENCY TRAFFIC SIGNAL EQUIPMENT REPLACEMENT
PROGRAM PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT OF EIGHTY-THREE THOUSAND FIVE HUNDRED SEVENTY-
TWO AND NO 100 DOLLARS ($83,572.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas,hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with WSB,
LLC, for the Emergency Traffic Signal Equipment Replacement Program Project. A copy of said
agreement is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to WSB, LLC in
an amount of EIGHTY-THREE THOUSAND FIVE HUNDRED SEVENTY-TWO AND NO 100
DOLLARS ($83,572.00) for professional services in accordance with the agreement authorized in Section
I hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS($50,000.00)or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 241h day of April,2025.
CH RLE J 'SON, Mayor
EST: O�'Ny Obyy T
- e
8
A GEL CK �� 'ty C a
� e
APPROVED AS O
Ford
SCOTT LE D, City Attorney —
R:Ordinances and Resolutions Ordinance Drafls\2025-04-24 Professional Services Agreement with WSB LLC.Emergency Traffic Signal
Equipment Replacement kh.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement (this "Agreement") is entered into by and between WSB, LLC., (hereinafter
"Consultant")and the City of Baytown, a home-rule municipality located in Harris and Chambers
Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
a. This Agreement authorizes Consultant to perform design engineering services for
the Emergency Traffic Signal Equipment Replacement Program Project (the
"Work") for and on behalf of the City as specified in the Scope of Work attached
as Exhibit"A."
b. This Agreement shall commence on the date of execution by the City Manager or
his designee and (if not terminated in accordance with paragraph 10) shall
terminate:
upon completion of the Work in accordance with this Agreement, including
Exhibits;
® five hundred forty-seven (547) days following execution by the City Manager
or his designee,allowing for up to zero annual renewals;
the earlier of (a) completion of the Work in accordance with this Agreement,
including Exhibits; (b) number of months:'days (spelled out) (number of
months days [numerical]) months.days following execution by the City
Manager or his designee, allowing for up to number of renewals (spelled out)
annual renewals.
C. The scope of the Work is detailed in Exhibit "A."
d. The time schedules for the Work are specified in Exhibit"B."
e. Each of these Exhibits "A" through "B" is incorporated into this Agreement by
reference for all purposes.
2. Compensation and Professional Fees
a. The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following:
i. Design Engineering of Traffic Signal..........................................$83,572.00
ii. N A........................................................................................................$0.00
Agreement for Consulting Services,Page I
iii. NIA........................................................................................................$0.00
iv. N/A........................................................................................................$0.00
V. N A................................................................................$0.00
vi. Total Not to Exceed....................................................................$83,572.00
b. Consultant shall not exceed the fixed contractual amount without written
authorization in the form of a Contract amendment.
C. Reimbursable Expenses are itemized by work category. Reimbursable Expenses
shall be invoiced AT COST, without subsequent markup by Consultant. All
invoices containing a request for Reimbursable Expenses shall include copies of
the original expense receipts itemized per allowable category.
(1) Allowable reimbursable Expenses include:
(a) Hard copy reproductions, copies, and/or binding costs;
(b) Postage;
(c) Mileage, for travel from Consultant's office to meetings at the City
or jobsite only if Consultant does not have a local office within a
fifty (50) mile radius of Baytown. Mileage shall be charged at the
current IRS rates;
(d) Travel Expenses, mileage from local office to state or federal
regulatory agency office beyond 100 miles; and
(e) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight-hour day at the destination; provided
such expenses has been approved in writing by the City.
d. Disallowed Expenses
If Consultant has an office in Harris or Chambers Counties, Texas,
Disallowed Expenses shall include travel expenses for professionals
traveling into Harris or Chambers Counties from Consultant's offices
outside of Harris or Chambers Counties.
e. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
f. In the event of a disputed or contested invoice, the City may withhold from payment
that portion so disputed or contested, and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Agreement for Professional Services,Page 2 revised 3.19.2025
Consultant shall designate Clarissa Oliveira, P.E., to serve as Project Manager for
the Work performed under this Agreement. Any change of Project Manager shall
require thirty(30)days advance written approval from the City's Representative.
b. Licensed and Registered Engineer
Consultant shall keep full-time registered engineer licensed in the State of Texas
on staff and assigned to the Work for the duration of its performance of the Work.
C. Data on Consultant's Employees
Prior to commencement of the Work,Consultant shall forward to the City a detailed
resume of the personnel that will be assigned to the Work.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
4. Designation and Duties of the City's Representative
a. The Director of Public Work and Engineering or his'her designee shall act as the
City's Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Consultant's use. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Notwithstanding the foregoing,
Consultant shall be entitled to use and rely upon information provided by the City
in performing the services required under this Agreement only to the extent and
level specified by the City in writing for each document provided. Nothing
contained herein shall be construed to require the City to provide such records in
any certain format. The format in which the existing data and documentation will
be provided shall be at the sole discretion of the City.
S. Standards of Performance
a. Consultant shall perforni all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances,time and locality. Opinion of probable cost shall be based
upon the Consultant's experience and represent its best judgment as an experienced
and qualified professional. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom,and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
Agreement for Professional Services,Page 3 revised 3.19.2025
i. All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the requestor for Work
is made by the City.
ii. The Work shall be designed and furnished in accordance with the most
current codes and or standards adopted by city,state, or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations.
iii. The codes and standards used in the profession set forth minimum
requirements.These may be exceeded by the Consultant if superior methods
are available for successful completion of the Work. Any alternative codes
or regulations used shall have requirements that are equivalent or better than
those in the above-listed codes and regulations. Consultant shall state the
alternative codes and regulations used.
iv. Consultant agrees the services it provides as an experienced and qualified
engineer will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
V. Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the Work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement. As applicable, Consultant shall provide the City with
record "as-built" drawings relating to the Work in an electronic format that
is acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by the City's Representative.
7. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance maintained by
the City, its officials, employees or agents shall be considered in excess of
Apreemcnt for Professional Services,Page 4 revised 3.19.2025
Consultant's insurance and shall not contribute to it. Further, Consultant shall
include all subconsultants,agents and assigns as additional insureds under its policy
or shall furnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
i. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products& Completed Operations Aggregate: $2,000,000
■ Personal & Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage $500,000
■ Waiver of Subrogation required
■ Coverage shall be broad form
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
ii. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
iii. Errors and Omissions
■ Limit: $1,000,000 for this project
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project.
■ Waiver of Subrogation required.
iv. Workers'Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
A:VIII or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
Agreement for Professional Services,Page 5 revised 3.19.2025
iii. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
iv. Each insurance policy shall be endorsed to state that coverage shall not be
suspended,voided,canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to the City.
V. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
vi. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
vii. Upon request and without cost to the City, loss runs (claims listing)of any
and/or all insurance coverages shall be furnished to the City.
viii. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
of this Agreement.
8. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
CONSULTANT'S AGENT,CONSULTANT UNDER CONTRACT,OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO BOTH CONSULTANT AND THE CITY, THAT THE
Agreement for Professional Services, Page 6 revised 3.19.2025
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY
PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED,
CONSULTANT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR
EXPIRATION OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of
this Contract or any other contract or agreement, any charter, or applicable state
law. Nothing herein shall be construed so as to limit or waive the City's sovereign
immunity. Consultant assumes full responsibility for its services performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character,including the cost of defense thereof,for any injury to or death of any
person (whether they be either of the parties hereto, their employees, or other third
parties)and any loss of or damage to property(whether the property be that of either
of the parties hereto, their employees, or other third parties) that is caused by or
alleged to be caused by, arising out of, or in connection with Consultant's services to
be performed hereunder. This release shall apply with respect to Consultant's
services regardless of whether said claims,demands,and causes of action are covered
in whole or in part by insurance.
9. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and or
subcontractors shall be given to the City before execution of such contracts.
Agreement for Professional Services, Page 7 revised 3.19.2025
10. Termination of Consultant
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon written notice from the City Manager or his designee to Consultant
of the City's election to do so.Furthermore,the City may immediately and without notice terminate
this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include,
but not be limited to, the following:
(a) failing to pay insurance premiums, liens,claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Consultant or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Consultant;
(d) the dissolution of Consultant;
(e) refiusing or failing to prosecute the Work or any separable part with the diligence
that will ensure its completion within the time specified in this Agreement;
(f) failing to complete Work within the time period specified in this Agreement;and or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination,Consultant shall submit a final statement showing in detail the services
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to the City, Consultant
shall also tender to the City's Representative all of Consultant's instruments of service, including
all drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Consultant under this Agreement, whether complete or
not, in an acceptable form and format together with all unused materials supplied by the City. No
final payment will be made until all such instruments of service and materials supplied are so
tendered.
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in completing
Consultant's services. The rights and remedies of the City in this section are in addition to any
other rights and remedies provided by law or under this Agreement.
11. Records
Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to
review and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
12. Supervision of Consultant
Consultant is an independent contractor, and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement.
Agreement for Professional Services,Page 8 revised 3.19.2025
13. Billing
The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work
or services performed and the date(s) of such work or services. In the event of a disputed or
contested invoice, the parties understand and agree that the City may withhold the portion so
contested, but the undisputed portion will be paid. Consultant shall invoice the City for work
performed no more than once a month and may not invoice the City for work not performed.
Invoices shall be received by the City no later than sixty(60)calendar days from the date Consultant
and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply
with this requirement shall result in Consultant's invoice being denied and the City being relieved
from any liability for payment of the late invoice.
The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas
Government Code on any past due payment not received within thirty(30) days after the payment
due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect
an invoice payment or interest due under this chapter, the opposing party, which may be the City
or Consultant, shall pay the reasonable attorney fees of the prevailing party.
14. Indebtedness
If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined
in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the
City's Director of Finance in writing. If the City's Director of Finance becomes aware that
Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant
in writing. If Consultant does not pay the debt within thirty(30) days of either such notification,
the City's Director of Finance may deduct funds in an amount equal to the debt from any payments
owed to Consultant under this Agreement, and Consultant waives any recourse therefor.
15. Verifications
If Consultant has ten(10)or more full-time employees and Consultant's total compensation under
this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00)or more, Consultant
makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas
Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term
of the contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of
Baytown; and
C. the Consultant does not have a practice, policy, guidance, or directive that
discriminates against a firearni entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
16. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
Agreement for Professional Services,Page 9 revised 3.19.2025
17. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,postpaid
and registered or certified, and addressed to the party to be notified, with return receipt requested,
or by delivering the same to an officer of such party. Notice deposited in the mail as described
above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement,
from and after the expiration of three(3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For Consultant:
WSB, LLC
11700 Katy Freeway
Suite 300
Houston,Texas 77079
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen (15) days written
notice is given of such new address to the other party.
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be
entitled to rely on Professional's performance of its services hereunder, and no right to assert a
claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third
party as a result of this Agreement or the performance of Professional's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
Agreement for Professional Services, Page 10 revised 3.19 2025
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
24. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements,either whether written or oral,on the subject matter hereof. This Agreement may only
be amended by written instrument approved and executed by both of the parties. The City and
Consultant accept and agree to these terms.
25. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager or his designee of such sale or
assignment. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
26. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
28. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he she represents.
Agreement for Professional Services,Page I I revised 3.19.2025
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the day of , 20 , the date of execution by the City
Manager or his designee of the City of Baytown.
CITY OF BAYTOWN
JASON REYNOLDS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
WSB, LLC
(Signature)
David Balmos
(Printed Name)
Vice President
(Title)
Aareement for Professional Services, Page 12 revised 3.19.2025
STATE OF Texas §
COUNTY OF Harris §
Before me on this day personally appeared \1J C,.944 IMO-S in his/her
capacity as give ftesidet4 ,on behalf of such LC ,
X known to me;
proved to me on the oath of ; or
proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he'she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this '[114"L day of , 20A5-.
1'pV Pp TONETTE MITCHELL
s�®,f+NOTARY PUBLIC,STATE OF TEXAS
d NiN 1 32493041
�'aoF� CONM.E%P. 05-26-2028
Notary u lic in and for the State of'Fj4t
R:Scott Contracts Professional Services Template Non Grant docx
Agreement for Professional Services,Page 13 revised 3.19.2025
wsb
EXHIBIT A
SCOPE OF WORK
TRAFFIC SIGNAL DESIGN
CITY OF BAYTOWN,TX
March 18,2025
City of Baytown(the"Client')desires to develop construction documents for traffic signal improvements at
the intersections listed below.The overall project scope includes developing plans for the design of signal
poles, pedestrian poles and push buttons for the intersections listed below. Plans will include,but not
limited to,existing condition diagram, conduit and cable run summary, pedestrian poles, phasing,
pedestrian push buttons,and pedestrian signal head layouts/wiring diagram.WSB will perform the Scope
of Services outlined below for this project. Plans development will generally follow the TxDOT Design
Standards.
WSB will prepare traffic signal construction plans for the following intersection:
1. N Main St&Massey Tompkins Rd(currently signalized)
ARTICLE AA —SCOPE OF SERVICES
A.1.1 BACKGROUND DATA COLLECTION
A. Obtain as built plans from the Client.
B. Obtain information from the Client on any known roadway improvements or planned
developments that may impact the intersections.
C. Perform a field visit and observe existing conditions, (up to 4 visits).
A.1.2 TRAFFIC SIGNAL DESIGN
A. Develop base drawings in MicroStation using survey data.
B. Develop preliminary(30%)signal layouts with signal poles, pedestrian push buttons,
cabinet,and potential electrical service locations. Determine any conflicts with private
property including fences, driveways, sidewalks,landscaping,etc.
C. Coordinate existing utility locates-811 (including gas,communication, and
CenterPoint electrical)and 311 (including water,wastewater, and City electrical).
D. Meet with the City staff in the field and review and confirm items included in the 30%
signal design layouts, if required.
E. Coordinate with the electric service provider to review and verify the point of power
service in the field. Obtain associated work request number from the electric service
provider.
F. Develop traffic signal design plans at 60%completion and submit to the Client for
review. The following items will be included:
a. Plan sheets showing proposed signal pole/cabinet/ground boxes locations,
illumination, PTZ camera,proposed conduit routes, and vehicle detection
mounting locations/detection zones
b. Conduit/Conductor schedules
c. Pedestrian ramp layouts
d. Median nose modification layouts
Exhibit A-City of Baytown Traffic Signal Design Scope Page 1
wsb
e. Signing and Pavement Marking layouts
G. Develop traffic signal design plans at 90%completion and submit to the Client for
review.The following items will be included:
a. Revised plan sheets addressing 60%review comments from the City
b. Traffic signal notes
c. Signal data tables
d. Summary of quantities
e. TxDOT Standard sheets
f. City of Baytown standard sheets(if applicable)
g. Opinion of Probable Construction Cost(OPCC)
H. Develop 100%(final)traffic signal design plans and submit to the Client for review.
The following items will be included:
a. Revised plan sheets addressing 90%review comments from the City
b. Signed/sealed submittal package
A.1.3 CONSTRUCTION SUPPORT
A. Review and respond to request for information(RFI).
B. Develop as built plans, as required at the end of construction using red line drawings
from contractor.
A.1.4 SURVEY/SUE
A. Obtain a topographic survey for intersections to identify the locations of all existing
roadway features,right-of-way(ROW)boundary,visible utilities(underground and
overhead), and other items required for the traffic signal design.
B. SUE investigation is limited to 811 coordination, and review/document utility locates
A.1.5 DELIVERABLES
A. Preliminary(30%)signal layouts
B. 60/90/100%plan set submittals
A.1.6 MEETINGS/COORDINATION
A. Attend up to three in person/virtual meetings with the City Engineering staff.This
includes 30%field review and 60/90%comment review meetings.
ARTICLE A.2—SPECIAL SERVICES
A.3.1 The following items will be provided as needed and approved by the Client:
A. Design changes during construction, including field visits during construction.
B. Communication conduit and ground box layout between intersections(up to 2600')
ARTICLE A.3—INFORMATION TO BE PROVIDED BY THE CLIENT
A.3.1 The following items will be provided by the Client:
C. As built plans.
Exhibit A-City of Baytown Traffic Signal Design Scope Page 2
wsb
D. Access to traffic signal cabinets and/or ground boxes for the Consultant staff to
perform inventory, if needed.
ARTICLE A.4—FEE SUMMARY
A.4.1 Included in scope
ARTICLE A.5—PROJECT SCHEDULE
A.5.1 See Exhibit C
ARTICLE A.6—EXCLUSIONS
A.6.1 The following items are excluded from the scope of this project;however,WSB can provide
these professional services for additional compensation to be determined as needed.
A. Intersection operational analysis.
B. Traffic signal timing.
C. Temporary traffic signal plans.
D. Crash data/analysis.
E. Illumination photometric analysis.
F. Coordination with other agencies including Texas Department of Transportation
(TxDOT)
G. Utility relocation plans and/or coordination.
H. Presentation to City Council and stakeholders.
I. Texas Department of Licensing and Regulation (TDLR)review
J. Traffic control plan. Standard TxDOT TCP details will be provided.
Exhibit A-City of Baytown Traffic Signal Design Scope Page 3
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