Res 070-2025 PSA with Biggs & Mathews, Inc. Quail Creek Phase III 07/01/2025 Resolution No. 70-2025
Resolution authorizing the City Manager to execute a professional
services agreement with Biggs & Mathews, Inc for the Preliminary
Design and Site Evaluation for Quail Creek Drainage Improvements
Phase III (Kemp to Maplewood Culvert Crossing) in the amount of
$73,750.00
WHEREAS, the City of Wichita Falls owns, operates, and maintains the City's
stormwater collection system; and,
WHEREAS, it has performed a Quail Creek Master Plan that identifies
improvements to this drainage facility; and,
WHEREAS, it is found that engineering services are required to prepare a
preliminary design and site evaluation for Phase III of the overall Quail Creek Drainage
Improvements; and,
WHEREAS, Biggs & Mathews Inc prepared the overall Quail Creek Master Plan
and is the most familiar and capable engineering firm to perform this work.
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, in a form
approved by the City Attorney, with Biggs & Mathews, Inc for the Preliminary Design and
Site Evaluation for Quail Creek Drainage Improvements Phase III (Kemp to Maplewood
Culvert Crossing) in the amount of $73,750.00.
PASSED AND APPROVED this the 1st day of July 2025.
MAYOR
ATTEST:
City Clerk
Professional Services Agreement between the City of Wichita Falls and Biggs&Mathews,Inc.
Engineering&Surveying Services for the Preliminary Design& Site Evaluation for
Quail Creek Drainage Improvements: Phase HI(Kemp to Maplewood Culvert Crossing)
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,TX 76301
PROJECT:ENGINEER shall prepare a detailed site survey and conceptual design to identify potential utility conflicts and
properties/easements that may need to be acquired (if any) to accommodate the proposed Quail Creek Drainage
Improvements: Phase III (Kemp to Maplewood Culvert Crossing)presented in the Quail Creek Master Plan prepared by
Biggs&Mathews,Inc.dated November 26,2018.
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:
I. Detailed Site Survey&Conceptual Design November 17,2025
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$73,750.00 subject to completion of the following phases:
Task&Professional Service Costs: Amount
1. Detailed Site Survey&Conceptual Design S 73,750.00
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.
Registered Professional Engineer $250/Hr.
Licensed Surveyor $250/Hr.
Project/Survey Coordinator $150/Hr.
CAD Technician $125/Hr.
Administrative Assistant $75/Hr.
Survey Crew $200/14r,
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.
2025-040.Quail Creek Drainagr Improvements Phase 111 Page 1-G
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 ENGINEER'S 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- ENGINEER shall perform professional engineering services as hereinafter stated which include
customary incidental engineering services.
1. Detailed Site Survey&Conceptual Design
i. Provide surveying services and field investigation of the Quail Creek Drainage Improvements: Phase III
(Kemp to Maplewood Culvert Crossing)proposed project site,and immediate adjacent areas.This detailed
site survey shall include the existing topography and identification/location of property boundaries,rights-of-
way,easements,paved surfaces,building/structures,drainage facilities,and utilities,
ii. Provide third-party excavation services to determine the horizontal/vertical location of select underground
utilities(large diameter sanitary sewer trunk mains)
iii. Coordinate with the Owner's representative to prepare a conceptual design plan and cost estimate to
construct/extend drainage improvements from the existing rectangular channel located along the northwest
side of Kemp Boulevard to the newly constructed channel located along the east side of Maplewood Avenue
in general accordance with the Quail Creek.Master Plan prepared by Biggs&Mathews,Inc.dated November
26,2018.
iv. Prepare plan/exhibit identifying utilities that may need to be relocated to accommodate the proposed Quail
Creek Drainage Improvements:Phase III(Kemp to Maplewood Culvert Crossing).
v. Prepare plan/exhibit identifying properties and/or easements that may need to be acquired (if any) to
accommodate the proposed Quail Creek Drainage Improvements: Phase [II (Kemp to Maplewood Culvert
Crossing)
ADDITIONAL SERVICES:
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 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 ENGINEERS
control.
2. 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.
3. Application or permit fees associated with applying for permits from all governmental authorities having
jurisdiction over the PROJECT as may be necessary for completion of the PROJECT.
4. Services during out-of-town travel required of ENGINEER other than visits to the site as required.
2(05-040-Quail Creek Drainage Improvements Phase III Page 2-5
5. Serving as a consultant or witness for OWNER in any litigation,public hearing or other legal or administrative
proceeding involving the PROJECT.
6. Providing renderings or models for OWNER'S use.
7. Furnishing reports,maps,and/or models to establish or revise flood plain boundaries in a format acceptable to
FEMA or conduct any hydraulic or hydrologic modeling and/or analysis of the Quail Creek or its tributaries.
8. Providing detailed shop and/or laboratory inspection of materials or equipment.
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 OWNERS
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 OPINIONS OF COST:
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.
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 - All 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 final 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 arty 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.
2025.040.Quail Cieek,Drainage Improvements Phase III Page 3-5
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
env 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 officer.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 reasonable 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 ti 271,904 or other law.
8. Governmental Function Clause--All parties 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 damages or exemplary damages,
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 law.
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 tenn 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 Name
Signature of Aut zed Official
President 06/17/2025
Title of Authorized Official Date
2025-0a0-Quail Crock Ordinagc Improvements Phase ttt Page 9-5
This agreement and said attachments may only be amended,supplemented,modified or canceled by a duly executed written
instrument.
EXECUTED,this the day of 2025.
OWNER: ENGINEER:
City of Wichita Falls,Texas Biggs&Mathews,Inc.
Jeffery Jenkins,City Manager erry D. ney,P.E.,President
(seal) (seal)
ATTEST: ATTEST:
Marie Balthrop,City Clerk Kg41/11
ney,Jr.,Vice-President
APPROVED AS TO FORM:
Kinley Hegglund,City Attorney
2O25-04O-Quail Creek Drainage Improvements Pl,asc l lr Pogo 5-5