Res 160-2024 PSA with Biggs & Mathews for Water Distribution Master Plan 12/17/2024 Resolution No. 160-2024
Resolution authorizing the City Manager to execute a professional
services agreement with Biggs and Mathews, Inc. for a Water
Distribution System Master Plan in the amount of $297,500.00
WHEREAS, the City of Wichita Falls owns, operates, and maintains the City's
water distribution and treatment system; and,
WHEREAS, it is found that an update to the existing water distribution system
master plan is required in order to adequately maintain the system; and,
WHEREAS, this action is made in part by and in compliance with the Texas
Professional Services Procurement Act.
WHEREAS, it is found that expansion of the water distribution system to
accommodate the growth of the City should be identified so that these improvements can
be installed as development occurs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a professional service agreement with
Biggs and Mathews, Inc. for the Water Distribution System Master Plan in the amount of
$297,500.00.
PASSED AND APPROVED this the 17th day of December, 2024.
....C- M'/
MAYOR
ATTEST:
Av
_IV
a , CY
City Clerk
Professional Services Agreement between the City of Wichita Falls and
Biggs&Mathews,Inc.for Engineering Services for the
Water Distribution System Master Plan
OWNER: The City of Wichita Falls;Attn:Director of Public Works,P.O.Box 1431,Wichita Falls,Texas 76307
ENGINEER: Biggs&Mathews,Inc.;2500 Brook Avenue,Wichita Falls,Texas 76301
PROJECT: ENGINEER shall coordinate with the OWNER'S representative and/or OWNER'S staff to update a portion of
the 2008 Water System Master PIan prepared by Freese and Nichols Inc.,dated March 3,2008. The Water Distribution
System Master Plan shall provide a hydraulic analysis/evaluation of the OWNER'S distribution system to identify
deficiencies and recommend improvements to satisfy current and future water demands.
OWNER'S REPRESENTATIVE: Russell Schreiber,P.E.,Director of Public Works,City of Wichita Falls
TIMETABLE: ENGINEER shall complete the following tasks on or before the dates shown subsequent to the award and
execution of this Professional Services Agreement:
1. Water Distribution System Hydraulic Model Verification&Preparation April 21,2025
2. Water Distribution System Master Plan
a. Existing Distribution System Evaluation(2025) November 3,2025
b. Future Distribution System Evaluation(2035—2045) December 1,2025
c. Water Distribution System Master Plan Report February 2,2026
*Dates shown above presume receipt of OWNER review comments 14 days after plan submission.
The ENGINEER shall not be held responsible for failure to meet the aforementioned timetables in the event that the cause
of delay is not the fault of the ENGINEER or the ENGINEER'S subcontractors. The amount of time specified may be
amended at any time subject to mutual agreement between OWNER AND ENGINEER.
PAYMENT:
1.Payment for Basic Services.OWNER agrees to pay the following amounts for Basic Services rendered pursuant to
this contract,a total amount not to exceed$297,500.00 subject to completion of the following phases:
Task&Professional Services Costs: Amount
I. Water Distribution System Hydraulic Model Verification&Preparation $ 59,500.00
2. Water Distribution System Master Plan
a. Existing Distribution System Evaluation(2025) $ 108,000.00
b. Future Distribution System Evaluation(2035—2045) $ 90,500.00
c. Water Distribution System Master Plan Report $ 39,500.00
Total Contract Amount $297.500.00
2024-076 Page 1-6
2.Payment for Additional Services.OWNER shall pay ENGINEER for Additional Services requested and rendered
as follows:
2.1.Payment for Additional Services of ENGINEER rendered under this contract shall be paid for at the following
hourly rate when supported by invoices.
Principal Engineer $275/Hr.
Licensed Surveyor $250/Hr.
Professional Engineer $250/Hr.
CAD Technician $100/Hr.
Survey Crew $200/Hr.
Administrative Assistant $85/Hr.
Mileage Expense(outside 20-mile radius of Wichita Falls) $0.50/mile
Overnight Expense/Person Actual Expenses
Materials Expense Actual Expenses
2.2.Expenses for Additional Services,ENGINEER shall be compensated at the actual cost to ENGINEER based on
rates referenced above or as previously agreed upon in writing. Where field parties are used,expenses shall include
charges for the use of any special instruments and equipment,including marine equipment,and expendable items such
as stakes and monuments.
3.Times of Payments:
3.1.Times of Payments—ENGINEER may submit monthly statements for Basic and Additional Services rendered.For
Basic Services,the statements will be based upon ENGINEERS estimate of the proportion of the total services actually
completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER'S monthly
statements. Upon conclusion of each task/phase of Basic Services,OWNER shall pay such additional amount,if any,
as may be necessary to bring total compensation paid on account of such task/phase to the percentages of total
compensation payable for all phases of Basic Services:
3.2.Past-due Payments—OWNER agrees to pay a charge of 0.5%per month on all invoiced owed amounts not paid
within 30 days of the date of the invoice,calculated from the date of the invoice. In addition,ENGINEER may,after
giving 10 days written notice to OWNER,suspend services under this Agreement until the ENGINEER has been paid
in full all amounts due for services and expenses.
BASIC SERVICES OF ENGINEER—ENGINEER shall perform professional engineering services as hereinafter stated
which include customary incidental engineering services.
1. Water Distribution System Hydraulic Model Verification&Preparation
a. OWNER shall provide ENGINEER with the latest Bentley OpenFlows Water(WaterCAD/WaterGEMS)
hydraulic model created as part of the 2022 Wichita Falls Water Distribution System Hydraulic Model
Updates prepared by Garver. OWNER shall coordinate the following tasks with Garver:
i. Convert the 2022 Wichita Falls Water Distribution System Hydraulic Model Updates from InfoWater
to Bentley OpenFlows Water(WaterCAD/WaterGEMS)hydraulic modeling software.
ii. Bentley hydraulic model shall include Average Day,Maximum Day,and Peak Hour steady-state
simulations.
iii. Bentley hydraulic model shall also include Maximum Day—Peak Hour extended period simulation,
complete with a comprehensive description of all control data/information.
iv. Verify all Bentley hydraulic model runs/scenarios function properly and yield similar results to that of
the InfoWater hydraulic model.
b. ENGINEER shall evaluate and update the water distribution system hydraulic model,provided by
OWNER,utilizing Bentley OpenFlows Water(WaterCAD/WaterGEMS)hydraulic modeling software.
2024-076 Page 2-6
i. Coordinate with OWNER'S representative to verify existing pressure maintenance and storage
facilities are accurately modeled(i.e.,high service pumps,ground storage tanks,elevated storage
tanks,pressure reducing valve stations and SCADA valve stations).
ii. Coordinate with OWNER'S representative to verify existing distribution system mains are accurately
modeled.This shall include 10-inch mains and larger and critical 8-inch&6-inch mains.
iii. Coordinate with OWNER'S representative to verify existing demand,demand distribution,and
diurnal curves are accurately modeled. This shall include review/evaluation of SCADA data and
historical residential,commercial/industrial and wholesale water usage.
c. Meet with OWNER'S representative to discuss preliminary model results and hydraulic deficiencies,
preliminary list of possible improvements,and coordination necessary for completion of remaining tasks.
2. Water Distribution System Master Plan Update
a. Existing Distribution System Evaluation(2025)
i. Coordinate with OWNER'S representative to establish design standards and system criteria used to
identify hydraulic deficiencies.
ii. Evaluate the existing water distribution system model to identify hydraulic deficiencies during peak
hour demand conditions.
iii. Provide fire flow analysis during maximum day demand conditions to identify areas with inadequate
fire flow capacity.
iv. Coordinate with OWNER'S representative to identify existing maintenance issues and
problems/nuisance areas.
v. Meet with OWNER'S representative to discuss identified hydraulic/maintenance deficiencies and
proposed recommendations for distribution system improvements. System improvements may
include new distribution mains,ground/elevated storage tanks,pump station improvements,pressure
plane expansion and operational modifications.
b. Future Distribution System Evaluation(2035—2045)
i. Utilize OWNER planning/zoning information,future service areas,Regional Water Planning Group
(RWPG)adopted population projections,design demands(residential,commercial/industrial,and
contractual wholesale),and the water distribution system hydraulic model to identify potential
deficiencies and capital improvements to satisfy future system needs.
ii. Coordinate with OWNER'S representative to identify potential future maintenance issues and
problems/nuisance areas.
iii. Meet with OWNER'S representative to discuss identified hydraulic/maintenance deficiencies and
proposed recommendations for capital improvements. Capital improvements may include new
distribution mains,ground/elevated storage tanks,pump station improvements,pressure plane
expansion and operational modifications.
c. Water Distribution System Master Plan Report
i. Prepare Master Plan Report to address existing hydraulic/maintenance deficiencies and identify
capital improvements from 2025 through 2045. This shall include a summary of design standards and
criteria used to identify system deficiencies and proposed improvements,a prioritized list of proposed
capital improvement projects,budget estimate for each project,and system maps identifying the
location of each project.
2024-076 Page 3-6
ii. Furnish three(3)copies of a Draft Water Distribution System Master Plan report for OWNER review.
iii. Meet with OWNER'S representative to discuss the Draft Master Plan Report.
iv. Revise Water Distribution System Master Plan report to incorporate OWNER comments. Furnish
three(3)copies of the Final Water Distribution System Master Plan report for OWNER approval.
v. Furnish three(3)hard and one(1)digital copy of the Approved Water Distribution System Master
Plan report and accompanying water distribution hydraulic model.
ADDITIONAL SERVICES OF ENGINEER:
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the
following types. To the extent these additional services are not included in the Basic Services,they will be paid for by
the OWNER as indicated in the PAYMENT section of this contract.
1. Services to provide an existing water distribution system condition assessment and/or water quality assessment.
2. Services to make detailed investigation of existing conditions or facilities,or to verify the accuracy of drawings or
other information furnished by OWNER
3. Services resulting from significant changes in extent of the PROJECT,including,but not limited to,changes in size,
complexity,OWNER'S schedule,or character of construction; and revising previously accepted studies,reports,
design documents or Contract Documents when such revisions are due to causes beyond ENGINEER'S control.
4. Furnishing the services of special consultants for purposes other than the normal engineering incidental to the
PROJECT,when OWNER authorizes ENGINEER to provide such data or services in lieu of OWNER furnishing
them. For the purposes of this Contract,services of a special consultant will be allowed only when the need is
confirmed by the OWNER'S representative.
5. Services during out-of-town travel required of ENGINEER other than visits to the site as required.
6. Serving as a consultant or witness for OWNER in any litigation,public hearing or other legal or administrative
proceedings involving the PROJECT.
7. Providing renderings or models for OWNER'S use.
8. Preparation of any special reports required for marketing of bonds.
9. Investigations involving detailed consideration of operation and maintenance expenses;the preparation of feasibility
studies and appraisals;and assistance in obtaining financing for the PROJECT.
Whenever the need for any Additional Services described herein results from any negligence,mistake,oversight or other
fault on the part of ENGINEER,the cost of these services shall be deemed to be included in OWNER'S payments to
ENGINEER for Basic Services. Any such Additional Services not performed by ENGINEER that would otherwise be
paid separately by OWNER shall be paid for by ENGINEER.
CONSTRUCTION COST AND OPINION OF COSTS:
1. Construction Cost—The construction cost of the PROJECT means the total cost of the PROJECT to OWNER,but
it does not include ENGINEER'S compensation and expenses,the cost of land,rights-of-way,or compensation for
or damages to properties,nor does it include OWNER'S legal,accounting,insurance counseling or auditing services,
or laboratory of testing services,or interest and financing charges incurred in connection with the PROJECT.
2. Opinions of Cost—ENGINEER'S opinions of probable PROJECT Cost and Construction Cost represent its best
judgment as a professional engineering firm, familiar with the construction industry;but ENGINEER does not
guarantee that proposals,bids or actual PROJECT or Construction Cost will not vary from its opinions of probable
cost.
2024-076 Page 4-6
GENERAL CONDITIONS:
1. Termination— OWNER may terminate this Agreement upon 10 days written notice to ENGINEER with the
understanding that all services being performed under this Agreement.shall cease upon the date specified in such
notice. In the event of early termination,ENGINEER shall invoice OWNER for all services completed and shall
be compensated in an amount corresponding to the amount designated as compensation for each phase of the work
satisfactorily completed and accepted plus an amount corresponding to the percentage of work satisfactorily
completed and submitted to Owner for any phase partly completed on the effective date of the termination.
2. Ownership & Maintenance of Documents —AlI documents and digital files prepared and/or assembled by
ENGINEER under this agreement shall become the property of the OWNER and shall be delivered to OWNER
without restriction for future use. OWNER's re-use of documents on future projects will be at the sole risk of
OWNER.ENGINEER may make copies of any and all documents for its files and re-use information contained
therein. ENGINEER will maintain project records for three years after the OWNER has made fmal payment to the
contractor and all other pending matters are closed and provide copies thereof to OWNER if requested.
3. Controlling Law—This agreement is performable and is to be governed by the law applicable in Wichita Falls,
Texas. Sole venue for any action arising under this agreement shall be in Wichita County,Texas.
4. Assignment of Contract—ENGINEER shall not assign,sublet or transfer any rights under or interest in(including,
but without limitations,monies that may become due or monies that are due)this Agreement without the written
consent of the other. Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing independent consultants, associates,
subcontractors,and employees to assist it in the performance of services hereunder.
5. No Third-Party Beneficiaries—Nothing herein shall be construed to give any rights or benefits to anyone other
than OWNER and ENGINEER.
6. Independent Contractor—In performing services under this agreement,the relationship between OWNER and
ENGINEER is that of independent contractor,and OWNER and ENGINEER by the execution of this Agreement
do not change the independent contractor status of ENGINEER. No term or provision of this agreement or act of
ENGINEER in the performance of this Agreement shall be construed as making ENGINEER or any agent,servant
or employee of ENGINEER the agent,servant or employee of OWNER.
7. Indemnity—ENGINEER agrees to release,defend,indemnify,and hold the OWNER whole and harmless against
any and all claims,suits,and actions for damages,costs,and expenses to persons or property that may arise out of,
or be occasioned by or from any negligent act, error or omission of ENGINEER or any offrcer,agent,servant,
employee or subcontractor of ENGINEER in the execution or performance of this contract. In the event of notice
of a claim to which this indemnity might apply.so much of the money due the ENGINEER under this contract as
shall be reasonably considered necessary by the OWNER may be retained for the use of the OWNER,until all suits,
actions,and claims shall have been settled and satisfactory evidence to that effect furnished the OWNER. The
ENGINEER further agrees to release, defend, indemnify, and hold harmless the OWNER and the OWNER's
officers, agents, and employees from liability for any claims of injuries or damage made by or on behalf of
ENGINEER or any of ENGINEER's officers,agents,or employees resulting from the performance or attempted
performance of this contract regardless of whether the injury or damage is caused in whole or in part by any acts or
omissions of OWNER or any hidden or apparent condition of property owned or controlled by the OWNER.This
indemnity shall not apply to any claim to the extent to which ENGINEER is prohibited from indemnifying a
governmental entity pursuant to Tex.Local Gov't Code 4 271,904 or other law,
8. Governmental Function Clause Allparties agree that this contract is one wherein OWNER is solely performing
a governmental function.All parties expressly agree that OWNER is not engaging in any propriety functions,
9. Contractual Damages Limitation Clause—All parties agree that damages in this contract are limited only to those
authorized under Texas Local Government Code Section 271.153. Specifically, OWNER is not liable for
consequential damage or exemplary damages.
2024-076 Page 5-6
10. Waiver of Attorney's Fees—If any action at law or in equity is necessary to enforce this agreement,each party
agrees to pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other party.
ENGINEER understands that Texas Local Government Code subchapter I,§271.153(a)(3)provides that the total
amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes
attorneys'fees. Both ENGINEER and OWNER expressly waive all statutory and other rights to recover attorneys'
fees pursuant to in§271.153(a)(3)and all other laws.
11. Verification
I,(authorized official) Kerry D.Maroney do hereby depose and verify the truthfulness and accuracy of the contents
of the statements submitted on this certification under the provisions of Subtitle F,Title 10,Government Code Chapter
2270 and that the company named below:
1) does not boycott Israel currently;and
2) will not boycott Israel during the term of the contract;and
3) is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at
https://comptroller.texas.gov/purchasing/publications/divestment.php
Biggs&Mathews,Inc.
Company Nam
Signature Authorized Official
President 12/06/2024
Title of Authorized Official Date
This agreement and said attachments may only be amended,supplemented,modified or canceled by a duly executed written
instrument.
EXECUTED,this the day of 2024.
OWNER: ENGINEER:
City of Wichita Falls,Texas Biggs&Mathews,Inc.
James McKechnie,Interim City Manager Kerry D. coney,P.E.,President
ATTEST: ATTEST:
Marie Balthrop.City Clerk Ke47rey,J, resident
APPROVED AS TO FORM:
City Attorney
2024-076 Page 6-6