Res 130-2016 12/20/2016 Resolution No. 130-2016
Resolution authorizing the City Manager to execute a Professional
Services Agreement to Biggs and Mathews, Inc. for Engineering
Services for the Drainage Master Plan for Quail Creek in the amount
of$189,775
WHEREAS, the City of Wichita Falls has determined that Biggs and Mathews,
Inc. is qualified to provide Engineering Services for the Drainage Master Plan for Quail
Creek; and,
WHEREAS, it is found that the Engineering Services to complete the Master Plan
for Quail Creek are estimated to be $189,775.00.
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 Services Agreement
for the Master Drainage Plan for Quail Creek with Biggs and Mathews, Inc., in an
estimated total amount of$189,775.00.
PASSED AND APPROVED this the 20t" day of December, 2016.
11 MA OR
ATTEST:
Cit lerk
Professional Services Agreement between the City of Wichita Falls and
Biggs&Mathews,Inc.for Engineering Services for the
Master Drainage Plan for Quail Creek
OWNER: The City of Wichita FaUs;Att=Director of Public Works,P.O.Box 1431,-Wichita Falls,Texas 76307
ENGINEER: Biggs&Mathews,Ine.;2500 Brook Avenue,Wichita Falls,TX 76301
PROJECT: FN(31NEER will aid OWNER in preparation of a drainage master plan for Quail Creek in Wichita Falls,TX.
The area of study is defined by the watershed boundary upstream of the concrete broad crested weir in Sikes Lake, The
scope of the study includes: preparation of hydraulic and hydrologic models of existing condition-,acceptable to FEMA,
delineation of the existing floodplain,preparation of recommended drainage improvements in a prioritized Est with cost
estimates,and analyses quanti the pool elevation of Sikes Lake.
OWNER'S REPRESENTATIVE: Russell Schreiber,PZ,Director of Public Works,City of Wichita Falls
TIM-ETALE. ENGINEER shall complete the following tasks on or before the dates shown subsequent to the award and
execution of this Professional Services Agreement:
1. Submit Existing Conditions Models and Floodplains June 5,2017
2. List of Recommended Improvements Jolly 31,2017-
3. Submit Draft Master Drainage Plan September 215,2017*
4. Complete all services herein of this Professional Services Agreemen t November 20,2017*
*date as shown or 30 days after C4,Teview co is are received
The ENGINEER%hall not be held responsible for failure to meet the aforementioned timetables in the the cause
, -o event that c , le
of delay is not the fault of the ENGINEER or the ENGMER'S subcontractors. 'The amount of time specified may be
amended at anytime subject to mutual agreement between OWNER AND FNGTN-EER,
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$199,775 subject to completion of the following phases:
Tasks Amount
1. Data Collection,Review,and Analysis $36,955
2. Prepare Existing Conditions Models and Floodplain Delineation $77,000
3. Develop Prioritized List of Recommended Improvements $55,480
4. Prepare Master Drainage Plan for Quail Creek $20,340
Total Contract Am Hot §182322
2.Payment for Additional Services.OWNER shall pay ENGINEER for Additional SeMces requested and rendered
as follows;
2.1. Paym cut for Additional Services of ENGINEER rendered under this contract shall be paid for at the following
hourly rate when supported by invoices.
Principal Engineer $225
Licensed Surveyor $ISO
Licensed Engineer $150
Engineer Technician $70
Adninnsu-4tive Assistant $160
Survey Crew(3-Man Crew) $150
Survey Crew(2-Man Crem) $115
Nfileage Expense(outside 20 mile radius of Wichita Falls) $0.50/mile
Overnight Expenselperson Actual Expenses
Materials Expense Actual,Expenses
Page 1-5
2.2.For expenses for Additional Services,ENGINEER shall be compensated at the actual cost,to ENGINEFR based
on rates referenced above or as previously agreed upon in writing. Wh—ere field parties are used,expenses sh,all include
charge,-,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.L Times of Payments--ENGINEER may submit monthly statement.% 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 tasVphase of Basic Services, OWNER shall pay such additional
amount,if any,as may be necessary to bring total compensation paid on account of such taWphase 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 O.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 way,after
giving 10 days written notice to OWNER,suspend services under this Agreement until the ENGINEER has been paid
in fall all amounts due for services and expenses.
SERVICES OF ENGINEER— ENGINEER shall perform professional engineering services as hereinafter stated which
include customary incidental engineering services:
1 Data Collection,Review and Analysis. ENGINEER shall:
1.1 Coordinate with the OWNER for access and review of available FEMA effective hydraulic and hydrologic
modeling.
12 Coordinate with the OWNER for access and review of most accurate,up to date,and available topographic
mapping.
13 Analyze available effective modeling to determine and quantify existing data gaps.
1A Analy7e available effective modeling to ensure model inputs and results accurately reflect the existing
conditions.
15 Collect survey data for primary drainage structures, channels, and ponds using Texas North State Plane
coordinates(northing, easting)NAM and elevations (NAND88 and Geoid 12B or later) for areas where
data gaps exist for modeling inputs.
1,6 Provide reasonable visual inspection documented with photographs along channels and at primary drainage
structures,where visible,throughout the study area,
L7 Using available mapping and data,prepare all hydrological and hydraulic modeling inputs such as watershed
characteristics, rainfall data, stage vs. discharge relationships, routing parameters, roughness coefficients,
channel geometry,and any other necessary inputs.
2. Prepare Existing Conditiong Models and Floodplain Delineation. ENGINEER shall-.
2.1 Prepare a single holistic hydrologic model using HEC-HMS that represents existing and build-out canditions
for the entire study area using model inputs l!rom previous modeling or newly acquired data.
22 Prepare a single holistic hydraulic model using HEC-RAS that represents existing conditions for the entire
study area using model inputs from previous modeling or newly acquired data.
2.3 Delineate the floodptain and,prepare a floodplain map from the modeling results
2.4 Provide a subsection of the Master Drainage Plan presenting the concepts,methods,modeling,and mapping
,of the existing conditions complying with FEMA requirements and recommendations such that the OWNER
can present the subsection to FEMA and request a LOMR for existing conditions or a CLOMR by including
modeling for a future improvements.
2.5 Establishing base flood elevations for Quail Creek extending the detailed study area upsttearrr to to aft p, x.
1,000 ft.upstream of Fairway Blvd.
Page 2—5
3. Develop Prioritized List of Recommended Improvements. ENGINEER shall-
3.1 Using the modeling and mapping results, identify areas that have significant flooding risk th,at may be
alleviated by improvements,
3.2 Develop a list of up to 15 potential improvements consisting of channel modification,structure replacement
or improvement, land acquisition, excavation, detention,or any other action that may reduce flooding risk
within the study area.
33 Conduct a structured review in person with OWNER'S REPRESENTATTWE and/or OWNER'S staff to
discuss the list of potential improvements and receive input.
14 Evaluate each potential improvement using the previously prepared hydraulic and hydrologic modeling to
develop a recommended list of improvements.
3,5 Develop conceptual designs and drawings of each recommended improvement to a level meeting or
exceeding the FEMA requirements for a CLOMR,
16 Develop an estimated present cost for each recommended improvement.
17 Describe,illustrate,and/or quantify the potential benefit of each recommended improvement.
18 Conduct a structured review in person with OWNER'S REPRESENTATIVE and/or OWNER'S staff to
discuss the list of recommended improvements and receive input on OWNER'S priorities,
19 Prioritize the recommended improvements in a logical order to be utilized by the OWNER m- a capital
improvements program-
4. Prepare Master Drainage Plan for Quall CreeL ENGINEER shall:
4.1 Prepare a Master Drainage Plan for Quail Creek with the objective that the Plan is a sland-alone document
describing the existing conditions through reproducible modeling and floodplain mapping and providing
conceptual designs for recommended and prioritized improvements with present costs and benefits.
4.2 Submit ffiree(3)copies of a Draft Master Drainage Plan for Quail Creek and conduct a structured review in
person with OWNER'S REPRESENTATIVE andlor OWNER'S staff
4.3 Revise Master Drainage Plan for Quail Creek as requested by the OWNER'S REPRESENT,ATIVE until
models,improvements,and report are accepted and approved.by OWNER,
4.4 Furnish three (3) hard copies and a digital copy of the Master Drainage Plan for Quail Creek to the
OWNER.
5.Additional Services.
5.1 General.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 PAYTVIENTsection of this contract.
5.1.1. Services to make detailed investigation of existing conditions or facilities, or to verify the accuracy of
drawings or other information ished by OWNER-
5.1.2.Service's resulting fiom significant changes in extent of the Project,including,but not limitedto,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 ENG �ER!S
control.
5.1.3.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.IA° Application or permit feesmsociated with applying for permits Pr
ow all governmental authorities having
jurisdiction over the Project as may be necessary for completion of the Project,
5.1.5.Services during out-of-town travel required of ENGINEER other than visits to the site as required.
53.6. Serving as a consultant or witness for OWNER in any litigation, public hearing or other legal or
administrative proceeding involving the Project
5.1.7.Submission,revision,and/or gaining approval,of a report,study,model,map or any other deliverable to be
reviewed by any authority other than that of the OWNEK
Papa—5
5.2.W'henever 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 OW NEWS
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 ENGINE ER.
6.Construction Cost and Opinions of Cost
6.1.Construction Cost,The construction cost of the Project means the total cost of the Project to OW]NER,but it does
not include ENGINFEWS, compensation and expenses, the cost of land, rigins-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.
62, Opimons of Cost. ENGINEERS 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.
GENE RAL CONDITIONS:
1. Tormirtation—ONVNER 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 Qorresponding 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 an 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 ands 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, tiles 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 matter.-are closed and provide copies thereof to OW'NER 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 assignmem,nio 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.
S. No Third-Party Beneficiaries-Nothing herein shall be construed to give any rights or benefits to anyone other
than OWNER and ENG INTER.
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.
page 4-5
7. Indemnity-ENGWEER agrees to release_defend.indenup i and hold the 03��R whole and harmless against
,ly,_
M and all claiyrm, N and e or Dronerry that may arise out of.or
actions, '',r damages,COS�&��to person-
be occasioned bv or ftm any negliMt acL error or omission of ENGLNEER or and of agent servant,ernnl o ee or subcontractor of E1 C tlae e yet ti n crr ormarrce of this contract- In the event of notice of A claim to,
which this indemnit mr ht 1 so m h f e ruoue the EC ER under this contract as shall be
reasonablv cons GWNIER until all suits actions
and claims shall have been settled and satisfactory evidence to that effect ftunished the OWNE".R. The NO,INEFA
ftirther aMs to releasr.,defend,indegg—kify,and hold harmlcsjb&-Q)YNZR and the OWNER's officers eptsand
eroplovees f—Tom liability for M claims oin`-cries or dams on behalf of ENGINEER or any of
ENCjJ—NF,F,R'%-, gfficers,agents,or mploMs resarltisa from la ancc car att s sntract
re less of whether the imary or damage is caused in whole or in artby an 1-a-eq ,R or any
or Itiddgg dden aRparent co 'tion of r po pert y owned or controlled b y� �����---- rWj
claim to the extent to which ENGINEER is nrohibited from indemni . a overnmental entit ursuant to Tex,
Local GLpv!t Code 271.944 rother other
This agreement and said attachments may only be arnimded, supplemented, modified or canceled by a duly executed
written instrument,
EXEC - D,this the day of 2016.
OWNER: City of Wichita Falls,Texas ENGINEER: Biggs&Mathews,hic.
'D coney,P E,Pr
Marron Leiker,City Manager -KeTTY 14 y,P-E.,President
(seal) (seal)
AITEST., ATTEST:
Tracy Norr,City Clerk Kerry j'Waroney,-J-r7,-,ice-President
FORM APPROVED�
Kinley Hegglund.,City Attorney