AGD 03/07/2023 City of Wichita Falls
City Council Agenda
Stephen Santeliana, Mayor
Bobby Whiteley, Mayor Pro Tem/At Large ' \ .
Michael Smith, District 1
Larry Nelson, District 2 •
\--Uc4i4
Jeff Browning, District 3 rA*ti a S Tim Brewer, District 4 � c�,r
TEXAS Steve Jackson, District 5 `�� V.
S/ue5Aie:4o/deo 0 ortumities:
�� Darron Leiker, City Manager 4 rAtFA,tt57
Kinley Hegglund, City Attorney
Marie Balthrop, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300
Seventh Street, Tuesday, March 7, 2023, Beginning At 8:30 A.M.
This meeting can be accessed and viewed at the following locations:
1. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300
2. A livestream will be shown on the City's Facebook page (City of Wichita Falls,
Texas Government) (https://www.facebook.com/CitvofWF)
3. A video of the meeting will be posted on the City's YouTube page
(https://www.voutube.com/citvofwf)
Item #
1 . Call to Order
2. (a) Invocation: Pastor Bob McCartney
First Baptist Church
(b) Pledge of Allegiance
3. Presentations
(a) Employee of the Month — Kathy Bazile, Fire Department
(b) Proclamation — Women's History Month, Wichita Falls Alliance for Arts & Culture
(c) Proclamation — March for Meals Month, Meals on Wheels Wichita County
(d) Proclamation —Absolutely Incredible Kid Day, Camp Fire North Texas
(e) Proclamation - Working Mom's Day, Child Care Partners
CONSENT AGENDA
4. Approval of minutes of the February 21 , 2023 Regular Meeting of the Mayor and City
Council.
5. Resolutions
(a) Resolution authorizing the City Manager to award bid and contract for the 2023
Water Budget Utility Improvement Project & Large Valve Replacement to MH Civil
Constructors, Inc. in the amount of $1 ,804,226.00
(b) Resolution authorizing the City Manager to award bid and contract for the 2023
Sewer Budget Utility Improvement Project Phase 1 to Insituform Technologies,
LLC in the amount of $759,616.00
(c) Resolution authorizing the purchase of decorative signal poles for Downtown
intersections from Consolidated Traffic Controls Inc. in the amount of $61 ,596.00
6. Receive Minutes
(a) Lake Wichita Revitalization Committee, January 10, 2023
REGULAR AGENDA
7. Resolutions
(a) A Resolution of the City of Wichita Falls, Texas, authorizing the City Manager to
execute a settlement agreement and related documents in the lawsuit styled City
of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and
Charter Communications, Cause No. 2018-3835-4
(b) Resolution authorizing the City Manager to execute agreements for City Facilities,
namely MPEC, Sports Complex, Tennis Center, Library, Travel Center, Parks,
Community Centers, and Airport Leases
(c) Resolution authorizing the City Manager to execute the renewal of the first of two
agreed upon extensions of a five-year Towing and Impound Service Contract and
Commercial Lease for the property at 3229 Industrial Drive with Mike Freeman's
Towing Services, LLC
(d) Resolution rejecting the bid for roadway striping from Traffic Highway
Maintenance, LLC in the amount of $161 ,780
CITY COUNCIL AGENDA
PAGE 2 OF 4
8. Other Council Matters
(a) Staff Reports - Overview of the City's Investment Policy and Active Investment
Portfolio - Jessica Williams, CFO, and Murphy Davis Jr., President, Sentry
Management
(b) Announcements concerning items of community interest from members of the City
Council. No action will be taken or discussed.
9. Comments from the public to members of the city council concerning items that are
not on the city council agenda. People wishing to address the council should sign up
prior to the start of the meeting. A three-minute time frame will be adhered to for those
addressing their concerns. Since comments from citizens are not posted agenda
items, the City Council is prohibited from deliberating or taking any action, other than
a proposal to place the item on a future agenda. Staff may provide factual statements
in response to inquiries or recite existing policy.
10.Executive Sessions
(a) Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or contemplated
litigation or other matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited
to, legal issues related to City of Allen, Texas et al., v. Time Warner Cable Texas,
LLC d/b/a Spectrum and Charter Communications, Cause No. 2018-3835-4 ).
11.Adjourn
Spanish language interpreters, deaf interpreters, Braille copies or any other special needs
will be provided to any person requesting a special service with at least 24 hours' notice.
Please call the City Clerk's Office at 761-7409.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under
which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject
for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council
may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances,
and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any
language of limitation found in this agenda or any document referring to such action. Any penal ordinance,
development regulation or charter provision of the City of Wichita Falls or item which is funded by the current
or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer,
drainage structure, department, employee, contract or real property interest of the City of Wichita Falls,
may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any
item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of
the City Council. Executive sessions described generally hereunder may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice. Executive
sessions described generally hereunder are closed meetings, may include consideration of any item
otherwise listed on the agenda plus any subject specified in the executive session notice, and may include
CITY COUNCIL AGENDA
PAGE 3 OF 4
items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084,
and/or 551.087.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the 1st day of March, 2023 at 5:30 o'clock p.m.
City Clerk r
CITY COUNCIL AGENDA
PAGE 4 OF 4
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Employee of the month.
INITIATING DEPT: Fire
NAME: Kathy Bazile
DEPARTMENT: Fire
HIRE DATE: January 26, 2005
PRESENT POSITION: Administrative Assistant
COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of
appreciation, gift card, dinner for two, and a check for $100).
® Director of Human Resources
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 1 PAGES
AGENDA ITEM NO. 3.A
City of Wichita Falls i A 3
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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas, met in regular session at 8:30 a.m.
on the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen Santellana - Mayor
Tim Brewer - Councilors
Jeff Browning -
Steve Jackson -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Julia Vasquez - Deputy City Attorney
Marie Balthrop - City Clerk
Absent: Bobby Whiteley, Councilor At-Large, Kinley Hegglund, City Attorney
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Dr. Mark Bender, First Christian Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
PAGE 1 of 5
AGENDA ITEM NO.4.
Item 3a — Employee of the Month — Luke Baker, Public Works/Water Purification
8:32 a.m.
Mayor Santellana recognized Luke Baker as the Employee of the Month for February
2023 and shared a brief video. Mayor Santellana congratulated Mr. Baker and presented
him with a plaque, letter of appreciation, dinner for two, and a check, and thanked him for
his service.
Item 4-5 — Consent Items
8:36 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith
Nays: None
Item 4—Approval of Minutes of the February 7, 2023, Regular Meeting of the Mayor
and City Council
Item 5 — Receive Minutes
(a) MPO Transportation Policy Committee, October 25, 2022
(b) Park Board, December 1 , 2022
(c) Planning and Zoning Commission, December 14, 2022
(d) Planning and Zoning Commission, January 11 , 2023
Item 6a — Ordinance 10-2023
8:37 a.m.
Ordinance replacing Ordinance No. 37-2022 that was amended by Ordinance 64-2022,
the fee schedule applied to City operations; providing for severability; providing that such
ordinance shall not be codified; and providing an effective date.
Moved by Councilor Brewer to approve Ordinance 10-2023.
CITY COUNCIL MINUTES
February 21, 2023
PAGE 2 OF 5
PAGE 2 of 5
AGENDA ITEM NO.4.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, and Smith
Nays: Councilors Jackson and Nelson
Item 7a — Resolution 21-2023
8:39 a.m.
A Resolution of the City of Wichita Falls, Texas, authorizing the City Attorney to proceed
with litigation against the property owners at 3003 Cumberland Ave., Wichita Falls Texas
under Texas Local Government Code Chapter 54.
Moved by Councilor Browning to approve Resolution 21-2023
Motion seconded by Councilor Smith.
Terry Floyd, Director of Community Development, gave a presentation showing the
debris, health hazards, and fire hazards on the property. Over thirty citations have been
issued to the property owners.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith
Nays: None
Item 7b — Resolution 22-2023
8:48 a.m.
Resolution authorizing the City Manager to execute a one-year lease agreement
renewable up to four times with the Wichita Falls Federal Credit Union for the amount of
$1 ,500.00 a month.
Moved by Councilor Brewer to approve Resolution 22-2023.
Motion seconded by Councilor Browning and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith
CITY COUNCIL MINUTES
February 21, 2023
PAGE 3 OF 5
PAGE 3 of 5
AGENDA ITEM NO.4.
Nays: None
Item 8a — Staff reports
8:50 a.m.
Update on Personal Mobility Devices (Scooters) — John Burrus
John Burrus, Director of Aviation, Traffic, and Transportation, gave an update
on scooters used in the downtown area, issues to date, potential ordinance
changes, and future considerations.
ii. Update on ARPA-funded projects — Paul Menzies
Paul Menzies, Assistant City Manager, gave an update on ARPA-funded
projects, the restrictions for the use of funds, US Treasury Guidance,
unallocated funds, and projects no longer eligible due to guidance changes.
Staff provided detailed updates on various City projects.
iii. Update on projects funded in FY2023 using excess fund balances (i.e., "1-time
funds") — Jessica Williams.
Jessica Williams, Director of Finance/CFO, gave an update on the progress of
one-time projects funded with excess fund balance. Staff provided detailed
updates on various projects.
iv. FY 2024 Budget Calendar — Jessica Williams
Ms. Williams gave an overview of the proposed FY 2024 budget calendar.
Item 8b — Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
10:07 a.m.
Councilor Brewer thanked everyone involved in the presentations given today, and for all
of the work staff put into them. He is glad that we are completing projects that upgrade
quality of life.
Councilor Smith discussed the ceremony that will be held on Friday to rename Cleveland
Street to Clever Street to honor Mr. Clever, WW II veteran and Tuskegee Airman.
CITY COUNCIL MINUTES
February 21, 2023
PAGE 4 OF 5
PAGE 4 of 5
AGENDA ITEM NO.4.
Councilor Jackson stated that the Boy's and Girl's club ground breaking ceremony is on
the same day as a City Council meeting and he asked if there was any way to change
the meeting time so Council can attend.
Item 9 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
10:11 a.m.
There were no comments from citizens.
Item 10 — Executive sessions
City Council adjourned into Executive Session at 10:11 a.m. in accordance with Texas
Government Code §551.071 , and §551 .072.
City Council reconvened at 10:56 a.m.
Mayor Santellana reconvened in open session and announced that no votes or polls were
taken.
Item 11 —Adjourn
Mayor Santellana adjourned the meeting at 10:57 a.m.
PASSED AND APPROVED this 7th day of March 2023.
Stephen Santellana, Mayor
ATTEST:
Marie Balthrop, TRMC, MMC
City Clerk
CITY COUNCIL MINUTES
February 21, 2023
PAGE 5 OF 5
PAGE 5 of 5
AGENDA ITEM NO.4.
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract
for the 2023 Water Budget Utility Improvement Project & Large Valve
Replacement to MH Civil Constructors, Inc. in the amount of
$1 ,804,226.00.
INITIATING DEPT: Public Works
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: n/a
COMMENTARY: On February 21 , 2023, bids were opened for the 2023 Water Budget
Utility Improvement Project & Large Valve Replacement. This project is generally
described as the installation of new waterlines in various locations & various valve
improvements, and associated work. A portion of this project is to relocate existing meters
from the back of the house to the front and replace 2" galvanized steel water mains which
have been continuous maintenance issues. The replacement of these lines will improve
the water quality and reliability of the system in these areas and will allow fire protection
to be installed in areas which previously had none. The budget for this project is
$2,200,000.00.
The bids received for this project, which include the Base Bid plus Add/Alts #1 & #6 are
as follows:
COMPANY AMOUNT
MH Civil Constructors, Inc. —Amarillo, TX $1 ,804,226.00
Bowles Construction Co. —Wichita Falls, TX $2,155,801.00
Construction of this project should require approximately 240 consecutive days to
complete.
MH Civil Constructors, Inc. has performed similar work for the City in the past. Therefore,
staff recommends award of the contract to MH Civil Constructors, Inc. in the amount of
$1 ,804,226.00, which includes the Base Bid and Add/Alts #1 & #6 based on unit price
quantities.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution, Bid Tab, Location Map
PAGE 1 OF 8 PAGES
AGENDA ITEM NO. 5.A
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 8 PAGES
AGENDA ITEM NO. 5.A
Resolution No.
Resolution authorizing the City Manager to award bid and contract for
the 2023 Water Budget Utility Improvement Project & Large Valve
Replacement to MH Civil Constructors, Inc. in the amount of
$1,804,226.00
WHEREAS, the City of Wichita Falls has advertised for bids for the 2023 Water
Budget Utility Improvement Project & Large Valve Replacement; and,
WHEREAS, it is found that the lowest responsible bidder is MH Civil Constructors,
Inc., who made a unit price bid with an estimated total of $1 ,804,226.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The unit price bid for the 2023 Water Budget Utility Improvement Project & Large
Valve Replacement is awarded to MH Civil Constructors, Inc., in an estimated total
amount of $1 ,804,226.00, and the City Manager is authorized to execute a contract for
the City with said Contractor for the construction of such project.
PASSED AND APPROVED this the 7th day of March, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 8 PAGES
AGENDA ITEM NO. 5.A
2623 Water Budget Utility Improvement Project&Large VZ,11{Replacement
CWF23-5513-05
ED DATE:FEBRUARY 21,2023
BASE D
MFICW Corstructars,Inc. Bowie 7 C:11 -1661 CD
BI
AT VillD,TX 7.-7 c•••i:a r:.s.-I
7a.,'tem Description 1-.177. DLariity Unit P-ce Tor Jr t F-ce Total
107•-.5 Tre-c 1 Saret,1.,._,tem LF ED96: $1 00 $6.05.3.03 $1.30
2E0.1 SHe Drec;-it c-•.3,Mobilicatior(Ft:a Exceed 5%'.. LS" 1 $75.D30 CO 575.X0.00 373.02.0.C.0 fr,70,203.1:10
505.2-FED Pec e.:Var ;mc EA 1 E 5.000 00 $5.000.03 S,40.130.130 $4..E03.00
305.2-1N't 4'F. •'., .ec So-s-etc Sktwals Si 61 51.LOCO SG.540.00 1E0.:10 $3,E6O.C1C.
202:s., Part-re, c-c...-„Lip,t C:-crell:0 SY .22E7 f 62 00 S139,5'37.90 C250.'30 S343..050.00
501.1 -5 Inst.; E ..-...;te- ;-:Fi7.ir;..: LF 7533 :COCO 5602 5=0.00 E-0.:0 $527.310.1E0
501.24-5R.1 Inst.; E 'eV;tt• le;-:Fi7jr;s1:Restrained.Pointl. LF 73 2•10 00 SE.$10.03 2.:O.:0 $7,303.00
501.1L•E: Inst.; 2 ..-...;tt• le;-:Fi7.ir;.: LE 565 31.30 CO 2.5E 53100 :.:O.:0 S56,513100
502.3-r-I Inst.; 5 2:4'Fire-Irc-a r t Assembly EA 13 E-1.000 00 5201..X0.03 :E 5:O.:0 $7601301.00
502.E-6 In::: E :1i7t...UFA•..:-km EA 15 2 2.0E:0.30 2 5.:.000.03 -.1 C:O.:0 527,643.0D
502.6-20 Inst.; 20'wa ve LS 3 $E 1.000 00 5253..3C-0.DD :5:0:0.:0 n150,000.00
502.1.3- '..111 F. tica:e..-.•;:e.IVeter&Install FlousmSer•ice tine EA 39 21.0E:0.30 25,4'X0.1213 :-E•:O.:0 $264.71:13.X.
502.20-EL Inst.; 3.2' E.,:tia Long.Services EA 1 E1.000 00 $1..X0.DD :5 0:0:0 1303.00
5:32.1.3-1 11:71 5.L. Lor;Seneic. ES 47 21.0E:0.30 $t7'XI:1.4:1 -.1 C:O.:0 1.64,603.00
Inst.; 3;2' tor;Se-...ices 1i-de-Storm Drain EA 13 21.000 00 $1.51.000.113 E-5:OM $5850100
S- -....D.CT-o-g ZtrviCe; ES 1 21.0E:0.30 1.1.)30.D3 3-,530.::0 $4,51:13.00
Ins:: 3 -'L-or.Seriiu= EA 57 21.000 00 S57.3:0.03 $1,1C0.20 $643,403.00
3---.1 Ils:; 1 Lsr;.1e-..ces EA 10 2 LOCO CO 5 1:::::,:0.00 1.2.1:30.70 S221;03.00
5:K..3-E•1 Ins:: 1 5 cr.Se-...:ces EA 7 21.000 00 $7.3:0.00 $1,720.20 $11.603.00
5:35•11 I n:-.; 11 1:e tl C;c ts LE ES 5652 CO $.5E-_-.CO 1.2130.20 1,16.2.10.1:0
5:35.:-.•2 C.-7;-d F 4 E.r7 2 'Ante,Main EA 1.1 5E00 00 $5.50.00 .5.560.60 55,503.06
5:35.0•L C,-.;-d F..!E,::= ',',D7{7 Man EA 1 53.30 CO 2 5:0.C.43 15:10.30 SE.133.1:0
5:33.0•5 CC.;-d F 4 E.77 E '.,,a-e-Main EA 1 5E00 00 2 5:0.33 5200.E0 $1303.00
5:35..2•, C,:; d F..!E,:Ur!.,..a:e•,; .t ES 23 53E:0 CO 211 50.00 /1A:10030 1.22 3:00.02.
3.0. Te-•ps•:-.3;--cac-g zsd T-;Fc Control IL 1 ::.7 5.1X0 00 275.X0.D3 S25,000.E0 $25:00.0C
Engineers.Ec:ius:e:$1,939.,007•30 -.2.-AL 31.497.5E9.03 TOTAL 11..02-1E53.132.
trill C..... Co-:-.n.stors Ir: Bc.rle:Cclst-Jct ct Cc
LCD L_-.1-0 t.:;,: :::r.:.Hwy
Ay;.illo.Ti: :...'-'e'i7.1'; -'<
:';', 7 t-• Des cridt1o, 1-."7". OL rtjt-, Unit P-ce 7o-.1 Jr t Fnce
1:37.-5.=1-1 Torerch Sare7,.Syr.tem LF 15715: $1.00 $1.57.3..1:0 $2.50 $3
5 .1.2'.....-ALT1 4'Rei nic-:e:Co-crete Sidewalk SY 9'3 S110 CO 5.13.2E0.00 Ceo.:o
-02 •.,.'.T1 PiMerft.77 c.[:;...:Aspl...t Va.-a:Fete) SY 105 5.51 00 $6.1-:15.1210 21E0.20 513 7 K..0
E-ALT1 Ins:: E ,•'.;tt• -.e;-:Fi7.ir;s LE 1661. 2 30 CO .$153. 10.00 175.3:0 $12E-53.0:
5022•:-•=1-1 Inst.; 5- 2.Fire-Irc-a r t 1.•ccemblv EA 4 2.9.1300 00 S3E..X0.120 SE 50. 0 1.2E :03.0:
5:31.3•,1-•-1.T. F.e-.-s:..e C.I;:..1,!e E- ='Fire-Irc ai-t EA 1 2.2.030 CO 1.2.X0.00 -.1 5:0.::0
5C.1.E•S-1..1-1 I lt7.: E :2::s•..alre••.•:-E.:.t EA 2 2 2.000 00 $4..X0.00 :2.3:O.:0
501..3-E•.11-1 1177i S -' I•on 3e-,se: EA 6 21.030 CO SE.X0.00 -.1 2:0:0 :•-•203.0:
501..3-E•1•AL-1 11:7.: 1 5 cr:Se-.•:e: EA 1 21.000 00 $1.010.1210 51 7:0:0
5:3E•11•.L.71 11:71 1:':".7{t1C::7; LE ,P $632.C.C. S 571.00 :E 30.:0 :23
5:35.:-.•2-11-1 C,:cnd P 4 E....:7 I ',•'..s-.e-Main EA 2 5E00 00 11..000.1210 15:0:0 :. :03.0
5:35.0•.-AT: C,:;-•d F 4 E.:tir ,..a:e••:;Ve EA 2 $5430.00 S1,000.00 22 0 0. 0 22 :03.0
Eng ietrs Estimote:S164.303.03 TOTAL $255,657.00 -OIL. 322.1L5.0:
MFI CH.,:Corstructars,Inc. 1347,0YIES Co 7177 .Ct 77.CD.
ADD/ALT FF.5-BIJff St&16M St Large'...:./e
Amarillo.TN: 11.'Erli72
DI', Ttn71 Description Uni: Di.ariity Unit P-ce TP:a Unit Price Total
501.6-20-SLT6 Ins.-u II 217"%re..e LS 1 $51,030.00 sst.aoa.on swim ao mocked
Engineers Es-finlike $621,0130.013 TOTAL 551,130010 TOTAL $5131..0313.00
TOTAL-'Ease Bid-I.Add/Alts.1&61 . S1.604,226.D3 $2,155,601.00[
PAGE 4 OF 8 PAGES
AGENDA ITEM NO. 5.A
2023 WATER BUDGET UTILITY IMPROVEMEtiT PROJECT
LARGE VALVE REPLACEMENT
C'WF23-550-05
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PAGE 5 OF 8 PAGES
AGENDA ITEM NO. 5.A
2023 WATER BUDGET UTILITY IMPROVEMENT PROJECT
LARGE VALVE REPLACEMENT
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PAGE 6 OF 8 PAGES
AGENDA ITEM NO. 5.A
2023 WATER BUDGET UTILITY IMPROVEMENT PROJECT
LARGE VALVE REPLACEMENT
C' F23-550-05
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PAGE 7 OF 8 PAGES
AGENDA ITEM NO. 5.A
2023 WATER BUDGET UTILITY IMPROVEMENT PROJECT
LARGE VALVE REPLACEMENT
CWF23-55O-O5
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BLUFF STREET fu 16TH OWEET VALVE REPLACEMENT(ADO/ALT #6.)'
'HEET s 'vF !
PAGE 8 OF 8 PAGES
AGENDA ITEM NO. 5.A
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract
for the 2023 Sewer Budget Utility Improvement Project Phase 1 to
Insituform Technologies, LLC in the amount of $759,616.00.
INITIATING DEPT: Public Works / Engineering
STRATEGIC GOAL: Provide Quality Infrastructure
STRATEGIC OBJECTIVE: n/a
COMMENTARY: On February 22, 2023 a proposal was received for the 2023 Sewer
Budget Utility Improvement Project Phase 1 . This project will rehabilitate existing sanitary
sewer line segments underneath Kell Blvd and along Galveston St. The collection system
in this area is old vitrified clay pipe and has become a continuous maintenance problem.
The collection system in this area is very inaccessible and thus does not lend itself toward
conventional dig and replace rehab processes. Therefore, the rehabilitation work will
employ the trenchless technologies of pipe bursting.
The proposal for the project was prepared by Insituform Technologies, LLC, which is a
sewer rehabilitation company who has been selected through a competitive bidding
process by the outside agency, BuyBoard.
The proposal received for this project is as follows:
Company Amount
Insituform Technologies, LLC — Corinth, TX $ 759,616.00
Construction of the project should require approximately one hundred and fifty (150)
consecutive days to complete. The sewer rehab budget this year is $2.6 million.
Insituform Technologies, LLC has completed similar projects for the City. Therefore, staff
recommends award of the contract to Insituform Technologies, LLC in the amount of
$759,616.00, based on unit price quantities.
® Director, Public Works
ASSOCIATED INFORMATION: Resolution , BuyBoard Proposal, Location Map
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 7 PAGES
AGENDA ITEM NO. 5.B
Resolution No.
Resolution authorizing the City Manager to award bid and contract for
the 2023 Sewer Budget Utility Improvement Project Phase 1 to
Insituform Technologies, LLC in the amount of$759,616.00
WHEREAS, the City of Wichita Falls has requested a BuyBoard Proposal from
Insituform Technologies, LLC for the 2023 Sewer Budget Utility Improvement Project
Phase 1 ; and
WHEREAS, it is found that the quote is reasonable and competitive and Insituform
Technologies, LLC is a responsible contractor who made a unit price proposal with an
estimated total of $759,616.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The unit price proposal for the 2023 Sewer Budget Utility Improvement Project
Phase 1 is awarded to Insituform Technologies, LLC, in an estimated total amount of
$759,616.00. The City Manager is authorized to execute a contract for the City with said
Contractor for the construction of such project.
PASSED AND APPROVED this the 7th day of March 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 7 PAGES
AGENDA ITEM NO. 5.B
� p er indtufomoTechndagies.LLC isasubodiaryofAegion{corporation
Ii s t�i*++�onn
1103 Postwood Dr. Name:Tim Peterie Fax: R40 498-0265
Techliclogies, LLC Corinth,TX 76210 Phone:214-317-0950 Email:tpetesier iasituform care
An Aegion Company www.insituform.com
February 22.2023 SF#SO-00104737
Ms. Miranda Neidzwiecki,EIT
City of Wichita Falls
1300 711 St.
Wichita Falls,TX 73601
Buyboard Proposal
Project Name: City of Wichita Falls.TX-2023 BUIP Sewer Rehab Project Ph I
Location 2, Kell Blvd &Galveston St- Pipe Burst 12"to 16"
INSITUFORM TECHNOLOGIES,LLC herein proposes to furnish a Proposal for all labor,materials,equipment, and
services necessary to reconstruct the referenced project(as detailed in the project location maps and other
information presented by the City of Wichita Falls)utilizing the Local Purchasing Cooperative Contract#635-21,
administered through the BuyBoard.
ASSUMPTIONS AND QUALIFICATIONS
We have based this proposal on a nominal wall thickness as shown in the price. This is based on the best
available information at the time of this proposal. Existing pipe deterioration in excess of the conditions assumed,
ground water loads in excess of those assumed,or other loads or conditions may increase the recommended
thickness for all or portions of the work_ Final recommendations may be submitted to you following the completion
of the preliminary TV phase of the project Stated prices are subject to adjustment if design changes are agreed
upon_
Laterals. During TV inspection all side sewers are verified,using best practical efforts_to determine if each is an
active hook up. Normal practice only reinstates those that are active. You may direct us to reinstate all,or specific
laterals,as you desire. This proposal,unless otherwise stated,assumes that all laterals will be reconnected
externally for Pipe Bursting. Specific service connections will not be reconnected only when written directions are
received from the Owner.
Water shall be provided at no cost to Insituform Technologies, LLC for all construction phases of this project. The
Owner shall furnish Insituform Technologies, LLC with required water meters and pay all associated fees.
deposits,and charges. Insituform Technologies, LLC will follow all required backflow prevention and metering
procedures.
Insituform will supply the City of Wichita Falls 1-year Maintenance, Payment, and Performance Bonds,and
Certificate of Insurance following acceptance of this proposal.
The pricing in this proposal assumes that all Technical Specifications set forth by the BuyBoard will be strictly
adhered to. Any changes to these specifications must be noted and agreed upon by both parties prior to finalizing
the proposal pricing.
Special: 1. Water shall be provided as noted above.
2. Manhole 1317 will not be replaced as noted in the plans. Due to close proximity to
other utilities.this manhole will be rehabilitated using Warren epoxy.
3. Insituform estimates completing this project within 150 days.
PAGE 3 OF 7 PAGES
AGENDA ITEM NO. 5.B
February 22_2023
Page 2
PROPOSAL PRICING
PAY QTY LI;MI UNIT ESTIMATED
ITEM DESCRIPTION PRICE AMOUNT
NO.
Location 2—Kell Blvd &Galveston St _ _
1 Travel&Mobilization—Clean/TV Crew 1 EA. $7,500.00 $7,500.00
2 12"CleanffV Sanitary Sewer 1,249 LF $8.00 59,992.00
3 Travel&Mobilization—Excavation Crew 1 EA $7,500.00 $7,500.00
4 Additional Mobilization for Static Pull Equipment and 1 LS $43,500.00 543,500.00
Method
5 Burst Existing 12"or 15"to 16'IPS SDR 19(0'-8' 1,249 LF $100.00 S124,900.00
deep)
, , ,6 16"-22-Pipeburst Setup Charge Per Install Length 1,249 LF $25.00 $31,225.00
7 ' Change Pipeburst to Non-Standard Pipe Type Add- 14,988 IN-DI. /LF $20.00 S299,760.00
On(SDR 17 Static Pull)
8 Set Up 6"Pump(Per Pump) 7 EA $1,000.00 $7.000.00
9 Set Up 6"Piping 415 LF $15.00 $6,225.00
10 , Operate 6"Pumping System(Fuel& Maint) 7 DAY $650.00 $4.550.00
11 , Bypass Pump Watch Labor 7 , DAY $600.0,0 , $4,200.00
12 16"Post-TV Inspection After Rehabilitation 1.249 LF $4.00 $4.996.00
13 External Reconnect(0'-8'deep) 2 EA $1,500.00 53.400.00
14 Install Cleanautat Property Line 2 EA $300.00 $600.00
15 Access Pit(0'-8'deep) 7 EA $3,500.00 $24,500.00
16 Increase Access Pit Size for Static Pull Equip_ 7 EA $4,000.00 $28,000.00
17 Potholing for Nearby Utility Location M.-8'deep 6 , EA $975.00 $5,850.00
18 Trench Safety 146 L F $10.00 $1.460.00
19 , GranularBackfill 24 TON $75.00 , $1,800.00
20 Repair/Rehab 2"Asphalt Pavement 28 SY 5150.00 $4.200.00
21 RepairlRehab 8"Flex Base 28 SY $75.00 $2.100.00
22 Repair/Rehab 8'Concrete Pavement(not full parel) 44 SY $225.0,0 $9.900.00
23 Repair/Rehab 4'Concrete Sidewalk 48 SF $21.00 $1,008.00
24 Repair/Rehab Concrete Curb& Gutter 36 LF $50.00 $1,800.00
25 , Repair/Rehab Chain Link Fence w!Existinq 32 , LF $50.00 , $1,600.00
26 Traffic Control 40 DAY $150.00 $6,000.00
27 Light Arrow Board(Per Arrow Board) 35 DAY $250.0,0 $8,750.00
28 Traffic Control Plan(3b Party Certified) 1 EA $3,000.00 $3.000.00
29 Major Manhole Bench Rebuild 4 EA $1,500.00 $6.000.00
30 Erosion Control Devices(Does not include SWPPP) 1 LS $7,100.00 $7.100.00
31 Parkway/Yard Restoration—TXDOT ROW Hydro- LS $3,500.00 $3.500.00
mulch ROW Blend
32 Travel&Mobilization—MH Rehab Crew 1 EA $7,500.00 $7.500.00
33 Manhole. Pipe,or Other Structure-Spray 240 SF $65.00 $15.600.00
Rehabilitation(Warren Epoxy)
34 Owner's Contingency Allowance 1 AL $50,000.00 $50,000.00
35 Bonds 1 LS 515,000.0.0 $15.000.00
TOTAL ST59,616.00
Note: A Tax-Exempt certificate will need to be provided prior to mobilization.
PAGE 4 OF 7 PAGES
AGENDA ITEM NO. 5.B
February 22_2023
Page 3
PROPOSAL INCLUSIONS
The prices stated in this proposal include:
1. Mobilizations and demobilization.
2. Initial pipeline cleaning to include normal debris and deposits only.
3. Bypass pumping.
4. External service reconnects.
5. Pre-Video inspections and documentation of existing pipe prior to reconstruction with pipe bursting.
6. Final video inspection following completion of the installation to document your new pipe rehabilitated by pipe
bursting
7. HDPE Pipe for pipe bursting.
8. Confined space safe entry practices.
9_ Manhole rehabilitation with Warren to include surface preparation.
10. Traffic control.
11. Hydro-mulch restoration along TXDOT ROW.
12. One-year standard construction warranty.
13_ One-year Bonds.
14. Certificate of insurance with a standard coverage.
PROPOSAL ExcLusraNS
Not included in the prices stated in this estimate are costs associated with the items listed below. These items, if
needed or found to be applicable,would be provided by INSITUFORM TECHNOLOGIES.LLC at your additional cost; or
would be furnished by others,at your direction,at no cost to lw srruFoRm TECHNOLOGIES.LLC:
a) If preliminary video inspection of the pipe interior indicates excessive damage,or other extra-ordinary
condition,which will require excavation,or other extraordinary remedy,to prepare the pipe for pipe bursting,
then those services will be provided by utilizing the Owners Contingency Allowance after approval.
b) Additional mobilizations and/or setups may apply due to point repairs,obstruction removals,or delays out of
our control.
c) Manual operation of any pumping and/or metering stations.
d) Sod.
e) Water from fire hydrants within a convenient distance from each cleaning and inversion site location.
1) Legal dumpsite for debris resulting from pipes cleaning.
g) If any hazardous or toxic materials are encountered during the project,the Owner will be responsible for the
removal and disposal of the materials_
h) Project permits and/or local licenses with be provided by the Owner or Engineer.
i) State and local sales and/or use taxes on the value of the project. If you are exempt,please submit the
appropriate documentation.
j) Additional premiums for special insurance coverage(s)demanded by you or other parties particular to this
project.
PROPOSAL TERMS AND CONDITIONS
a) Limits of Liability. In consideration of INsrruFoRYTECHNOLOGES,LLC's agreement to maintain no less than
$5,000,000 of comprehensive general liability insurance in the form required by the Contract. INsrruFoRM
TECHNOLOGIES,LLC's liability to the Owner far any matter covered by such insurance will be limited to the
extent of such insurance. Neither party shall be liable to the other for consequential damages relating to the
contract. In case of conflict between this provision and any other provision in the Contract as ultimately
executed, this provision shall govern and prevail.
PAGE 5 OF 7 PAGES
AGENDA ITEM NO. 5.B
Febniarc,- ?? 2023
Page 4
b) LIMITED WARRANTY. IN LIEU OF ALL OTHER EXPRESSED. IMPLIED AND/OR STATUTORY.
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE,CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES
PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN
ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK. PROVIDED OWNER AFFORDS
CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH
CORRECTION.
ci MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for
consequential damages relating to or arising out of the Contract.
d) PROPOSAL SUBJECT TO NEGOTIATION OF OTHER STANDARD TERMS OF AGREEMENT. This
proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of
this nature.
e) Quantities are estimated. Unit prices apply for actual invoice and payment.
f) Payments are clue at net within thirty days of invoice. Final payment is due within thirty days of completion of
project.
g) Monthly progress payments may be requested for the value of work in progress or completed,including
materials secured and on site.
h) Prices staled are in effect for thirty days from the date of this proposal. The acceptance period rnav be
extended at the sole option of INSITU FORM TECHNOLOGIES,LLC.
i) Conflicts. In case of conflict between the provision of the aforesaid paragraphs and any other provision in the
Contract as ultimately executed the provisions as set forth above shall govern and prevail.
OFFERED BY: ACCEPTED BY:
IrGO
NSITUFORM TECHNOLOGIES,LLC
}
{ dtO �
4 ! , �`erm& SIGNATURE DATE
TIMOTHY R.PETERIE NAME
BUSINESS DEVELOPMENT MANAGER
REVIEWED BY: TITLE
ANDY OZMENT
AREA MANAGER
ORGANIZATION
cc: Blanc Boswell, PR(CO' ..,F)
Ben Hawkins
Kodiak O'Ravez
PAGE 6 OF 7 PAGES
AGENDA ITEM NO. 5.B
2023 SEWER
BUDGET UTILITY IMPROVEMENT PROJECT
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PAGE 7 OF 7 PAGES
AGENDA ITEM NO. 5.B
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Resolution authorizing the purchase of decorative signal poles for
Downtown intersections from Consolidated Traffic Controls, Inc. in
the amount of $61 ,596.00.
INITIATING DEPT: Aviation, Traffic, & Transportation
STRATEGIC GOAL: Redevelop Downtown
STRATEGIC OBJECTIVE: Continue implementation of Downtown Master Plan
COMMENTARY: In 2022, City Council approved the purchase of signal poles, mast
arms, and decorative elements for nine Downtown intersections. The Downtown
intersections are among the oldest in the City's inventory, and a complete reconstruction
is warranted at existing locations. The overall goal is to complete a $1 .6 million
reconstruction and upgrade of all Downtown signal infrastructure over the next three
years. Work developed through the Downtown Revitalization Committee's infrastructure
team served as the blueprint for this project. The Traffic Engineering Division, on
average, reconstructs 1-2 signalized intersections each year.
Federal Transit Administration (FTA) grant funds will be used to pay for this project
because of the intersection's proximity to the Clarence W. Muehlberger Travel Center.
The FTA would not allow the City to use the HGAC cooperative to make this purchase,
so the City was required to bid the project. One bid was received from Consolidated
Traffic Controls, Inc. This project is eligible for 100% funding by the FTA, so no local tax
dollars will be used on this project.
This purchase will acquire the signal poles for the following intersections:
• 4th & Scott
Other upgrades to these intersections will include LED lighted street name signs and
audio pedestrian signals. In alignment with the Downtown Master Plan and the work from
the Downtown Revitalization Committee, the signalized improvements will help improve
walkability at these intersections. Staff worked with Downtown Wichita Falls Development
on the original purchase to select this signal hardware, and these poles/mast arms will
complement the traditional and historic aesthetics of Downtown. It was also determined
to remain with the hunter-green color of the poles/mast arms through a powder coating
process. Lead time for these signal poles is estimated to be twelve months.
PAGE 1 OF 5 PAGES
AGENDA ITEM NO. 5.0
Funding for the project was included in the fiscal year 22-23 budget for Public
Transportation.
Staff recommends approval of the resolution authorizing the purchase of decorative signal
poles for the Downtown area from Consolidated Traffic Controls, Inc. in the amount of
$61 ,596.00.
Budget: $65,638.00
Project Cost: $61 ,596.00
Budget Savings: $4,042.00
® Director of Aviation, Traffic & Transportation ® Purchasing
ASSOCIATED INFORMATION: Resolution; HGAC Documentation; Photo
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 5 PAGES
AGENDA ITEM NO. 5.0
Resolution No.
Resolution authorizing the purchase of decorative signal poles for
Downtown intersections from Consolidated Traffic Controls, Inc. in
the amount of$61,596.00
WHEREAS, the City of Wichita Falls advertised and requested bids for decorative
signal poles and street furniture for the intersection of 4th & Scott; and
WHEREAS, bids were received and publicly opened on February 24, 2023; and
WHEREAS, the City Council finds that Consolidated Traffic Controls, Inc. is
offering decorative signal poles and street furniture at a cost of $61 ,596.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Staff is authorized to execute all documents necessary to purchase decorative
signal poles and hardware from Consolidated Traffic Controls, Inc. in the amount of
$61 ,596.00.
PASSED AND APPROVED this the 7th day of March, 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 5 PAGES
AGENDA ITEM NO. 5.0
2'24;2023 BID TA6U L.::•U
BID 23-04
DECORATIVE POLES
VENDOR MODEL TOTAL
SIGNAL POLE(2) 30FT SIGNAL POLE(2) MOUNTING BASE(4) POLE TOP ASSY(4) TOTAL
UNIT SUBTOTAL UNIT SUBTOTAL UNIT SUBTOTAL UNIT SUBTOTAL
CONSOLIDATED TRAFFIC CONTROLS PELCC $1 C•900.55 $21,800.00 $12,872.00 $25,744.00 $2,492.00 S9.968.00 $1.021.00 $4,004.00 S61.596,00
ARLINGTON,TX
PAGE 4 OF 5 PAGES
AGENDA ITEM NO. 5.0
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PAGE 5 OF 5 PAGES
AGENDA ITEM NO. 5.0
MINUTES
LAKE WICHITA REVITALIZATION COMMITTEE
January 10, 2023
PRESENT:
■Members
David Coleman, Chair
Steve Gamer, Vice Chair
Tim Brewer, City Council Rep
Rick Hernandez
Ford Swanson
Mike Battaglino
Kari Shaw
Blake Jurecek, Asst City Manager
Blane Boswell City Engineer •staff
Terry Points, Parks Superintendent
Robert Mauk, TX Parks 8 Wildlife •Guests
ABSENT: John Strenski, Alison Sanders, Matt Marrs, Sharon Roach, Austin Cobb, Alicia
Castillo
1. Call to Order: David called the meeting to order at 10:04am.
2. Approval of Minutes: December meeting minutes were approved unanimously.
3. Project Updates:
3.a. Veteran's Plaza Project:
David updated the project status: site work has begun with fence poles erected around
the entire site. Fence fabric and project sign are expected this week. The final brick
order was delivered yesterday and is in the warehouse with the first order of bricks.
David asked Blane to facilitate communication with Marrs Patriot Construction (MPC)
regarding when they would like to pick up the bricks and have them laid out at the site.
The order of Replica Tiles will be delivered to David's house by tomorrow, and he will
email the purchasers and let them pick up the tiles from his house.
Project funds remaining available are: $13k held by the City, $1,300 held by the WFACF
that will be soon deposited in the Wells Fargo account, $500 already in the Wells Fargo
account, and approximately$38k in PayPal that will be moved to the Wells Fargo
account. John Strenski will take action to change the signature authority on the Wells
Fargo account to David Coleman and Steve Gamer, so the LWRC will have control of its
funds.
David stated that 29 May 2023, Memorial Day, is on Rep Jackson's calendar for a
Dedication Ceremony.
January 10,2023
PAGE 1 of 2
AGENDA ITEM NO.6.a
Rick inquired about re-paving the Lake Wichita Park parking lot, and Blane replied the
project is funded and in design. Construction of the new parking lot will begin after the
Veterans Plaza project is complete, to avoid contractor conflicts.
3.b. Lake Deepening: David informed the group that the City of Lakeside City has hired
Dredge America to dredge one of their sewage treatment lagoons, and John Strenski will
set up a meeting with them in mid February. David will invite other LWRC members to
attend this meeting if they desire.
3.c. Kayak Launch Grant: Terry will schedule his crews to install the launch equipment,
after we get some rain.
3.d. Former Yacht Club Rehabilitation: The group discussed this project at length, but
decided a site visit is essential. The April LWRC meeting will be held at the American
Legion Post 169 facility, so the group can walk next door and see the Yacht Club basin
in person.
4. Discussion of Brick Sales and Fundraising Initiatives: David stated that Mr.
Charles Finnell, former State Rep from Holliday, has donated thousands of dollars to the
LWRC, but never ordered a brick. The group voted unanimously to allow David to use
project funds to purchase a brick to honor Mr. Finnell.
5. Other Business Matters: David asked the group whether we should pursue relocating
some, or all, of the WFISD Veterans Memorial from the Memorial Stadium to the new
Veterans Plaza area at Lake Wichita Park. The group agreed to pursue this idea, and
David will contact Ms. Ashley Thomas of WFISD to start a discussion.
6. Adjournment: The meeting adjourned at 10:50 am.
1� P 3
David Coleman, Chair Date
January 10, 2023
PAGE 2 of 2
AGENDA ITEM NO.6.a
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: A Resolution of the City of Wichita Falls, Texas, authorizing the City
Manager to execute a settlement agreement and related documents
in the lawsuit styled City of Allen, Texas et al., v. Time Warner Cable
Texas, LLC d/b/a Spectrum and Charter Communications, Cause
No. 2018-3835-4.
INITIATING DEPT: City Attorney's Office
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY:
On May 31 , 2019, a coalition of 26 cities, including the City of Wichita Falls, (the "Cities"),
filed a lawsuit alleging that Spectrum failed to properly account for and pay various cable
fees to the Cities as required by Texas Utilities Code Chapter 66. After mediation, the
parties agreed to settle all claims. The proposed full and final settlement of all claims by
the Cities includes a requirement that Spectrum calculate and pay various cable fees by
certain methodologies over the next ten years. The attached resolution would authorize
the City Manager to execute a settlement agreement and related documents with
Spectrum in connection with the full and final settlement of all claims involving the City of
Wichita Falls in the lawsuit.
Under the terms of the settlement agreement, the City will not immediately receive
payment of the estimated net benefit of$156,800. Rather, the City's estimated net benefit
will be paid by Spectrum through its franchise fee and PEG fee payments to the City over
the ten-year term of the settlement agreement.
Staff recommends that Council approve the resolution authorizing the execution of the
settlement agreement and related documents with Time Warner Cable Texas, LLC d/b/a
Spectrum and Charter Communications ("Spectrum"), in connection with all claims
involving the City of Wichita Falls alleged in the lawsuit styled City of Allen, et al. v. Time
Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications (the "lawsuit"),
Cause No. 6:19-CV-00345-ADA-JCM, in the United States District Court for the Western
District of Texas, Waco Division.
® City Attorney
ASSOCIATED INFORMATION: Resolution
PAGE 1 OF 4 PAGES
AGENDA ITEM NO. 7.A
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 4 PAGES
AGENDA ITEM NO. 7.A
Resolution No.
A Resolution of the City of Wichita Falls, Texas, authorizing the City
Manager to execute a settlement agreement and related documents in
the lawsuit styled City of Allen, Texas et al., v. Time Warner Cable
Texas, LLC d/b/a Spectrum and Charter Communications, Cause No.
2018-3835-4
WHEREAS, on April 5, 2019, 26 Cities, including the City of Wichita Falls, filed a
lawsuit against Spectrum in the District Court of McLennan County, Texas (170th Judicial
District), styled City of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a
Spectrum and Charter Communications, Cause No. 2018-3835-4;
WHEREAS, on May 31 , 2019, Spectrum removed the case to the United States
District Court for the Western District of Texas;
WHEREAS, the Cities filed an amended complaint on September 27, 2019, styled
City of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter
Communications, Case No. 6:19-cv-345-ADA-DTG, alleging that Spectrum underpaid
franchise and PEG fees to the Cities;
WHEREAS, after mediation, the parties agreed to settle all claims. The proposed
full and final settlement of all claims by the Cities includes a requirement that Spectrum
calculate and pay various cable fees by certain methodologies over the next ten years;
and
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
That the City Manager is hereby authorized to execute a settlement agreement
and related documents with Time Warner Cable Texas, LLC d/b/a Spectrum and Charter
Communications in connection with the full and final settlement of all claims involving the
City of Wichita Falls, Texas, alleged in the lawsuit styled City of Allen, et al. v. Time
Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Cause No. 6:19-
CV-00345-ADA-JCM, in the United States District Court for the Western District of Texas,
Waco Division.
PASSED AND APPROVED this the 7th day of March, 2023.
MAYOR
PAGE 3 OF 4 PAGES
AGENDA ITEM NO. 7.A
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
PAGE 4 OF 4 PAGES
AGENDA ITEM NO. 7.A
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to execute agreements for
City Facilities, namely MPEC, Sports Complex, Tennis Center,
Library, Travel Center, Parks, Community Centers, and Airport
Leases.
INITIATING DEPT: City Attorney's Office
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: Practice Effective Governance
COMMENTARY:
The City of Wichita Falls operates under a Council-Manager form of government whereby
the City Manager is responsible for the proper administration of all affairs of the City as
set out by section 58 of the City Charter. These duties have historically included the
execution of numerous minor, short-term contracts necessary to run the MPEC, Sports
Complex, Tennis Center, Library, Travel Center, Parks, Community Centers, and Airport.
In an effort to implement best practices relating to contract execution, the City Manager,
City Attorney, and City Clerk have been implementing new policies and procedures for
contract approval. This resolution represents one of the final steps towards this best
practice implementation plan.
Council is being asked to expressly authorize the delegation of authority that has been
historically utilized by the City Manager in his duties managing the day-to-day operations
of the City. These short term agreements are made by staff daily, and in many cases,
involve near-term reservation of specific facilities and are time sensitive. This delegation
of authority will expressly authorize the City Manager to execute minor contracts on behalf
of the City, which can help consolidate the contracting process and ensure that contracts
are executed in a timely and efficient manner.
Staff recommends this resolution as a way to streamline decision-making and ensure that
city operations are managed efficiently.
® City Attorney
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 7.B
Resolution No.
Resolution authorizing the City Manager to execute agreements for
City Facilities, namely MPEC, Sports Complex, Tennis Center, Library,
Travel Center, Parks, Community Centers, and Airport Leases
WHEREAS, the City of Wichita Falls maintains real property for events at the
MPEC, sports complex, tennis center, parks, and the airport;
WHEREAS, the City licenses or leases these real property locations to individuals
on an as needed basis; and,
WHEREAS, the City of Wichita Falls City Council is the final authority on contracts
entered into on behalf of the City of Wichita Falls; and,
WHEREAS, to continue the efficient operation of the City of Wichita Falls, not
restrict the increase in sales tax, and reduce the burdensome nature of having contracts
presented for City Council approval, the City Council wishes to allow the City Manager or
his designee the authority to execute these agreements on an as-needed basis in
accordance with state law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager or his designee is authorized to execute the following
agreements in a form approved by the City Attorney:
1 . Short-term rental, license, and lease agreements for terms of 30
days or less at the MPEC, Sports Center, Tennis Complex, Library, Travel
Center, City Parks, and Community Centers; and
2. MPEC suite rentals and airport land leases and airport hangar leases
for terms of one year or less.
PASSED AND APPROVED this the 7th day of March 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 7.B
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Resolution authorizing the City Manager to execute the renewal of
the first of two agreed upon extensions of a five-year Towing and
Impound Service Contract and Commercial Lease for the property
at 3229 Industrial Drive with Mike Freeman's Towing Services,
LLC.
INITIATING DEPT: Police Department
STRATEGIC GOAL: Efficiently Deliver City Services
STRATEGIC OBJECTIVE: n/a
COMMENTARY: The Police Department is requesting to use the contract renewal
option for Mike's Towing Service which provides for up to two, 5-year extensions upon
agreement by the Parties for towing and commercial lease for property at 3229
Industrial Drive. Approval of the resolution will provide a continued method of receiving
and maintaining the inventory of vehicles impounded by a sole source wrecker provider
in the best interest of the Wichita Falls Police Department and provide office space and
additional overflow for evidence/property room storage.
Since March 2018, the City has contracted for sole source towing, with the current
contract expiring on March 31, 2023.
To deal proactively with the inventory storage issue and provide additional service to
citizens, Mike's Towing Service provides the following to the City:
• Mike's Towing: a 5-year rent-free lease of property located at 3229 Industrial
Drive, providing office space and property storage space in exchange for
exclusive rights to provide towing & impound services to the City,
• 24-hour access for customers to retrieve impounded vehicles,
• Secure vehicle space for 190 evidence/seizure impounds,
• Space for at least 390 total impounded vehicles, and
• Vehicle auction services.
Mike's Towing Service was established in 1996 and is an existing wrecker/towing
service company within the corporate city limits of Wichita Falls. Mike's Towing Service
is a well-respected business that currently provides an excellent level of service to the
community.
PAGE 1 OF 3 PAGES
AGENDA ITEM NO. 7.0
The Wichita Falls Police Department recommends contracting the police department's
towing and storage needs to Mike's Towing Service.
® Police Chief
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 2 OF 3 PAGES
AGENDA ITEM NO. 7.0
Resolution No.
Resolution authorizing the City Manager to execute the renewal of
the first of two agreed upon extensions of a five-year Towing and
Impound Service Contract and Commercial Lease for property at
3229 Industrial Drive with Mike Freeman's Towing Services, LLC.
WHEREAS, Mike Freeman's Towing Service, LLC, doing business as Mike's
Towing Service, and the City of Wichita Falls previously entered into a Towing and
Impound Service Contract date April 1 , 2018, with a contract expiration date of March
31 , 2023; and,
WHEREAS, the Towing and Impound Service Contract provides for up to 5-year
extensions upon agreement by the Parties; and,
WHEREAS, the Parties desire to enter into this first Towing and Impound Service
Extension in accordance with the terms of this Extension.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The City Manager is hereby authorized to execute a Five-Year Towing and
Impound Service Contract and Commercial Lease for Property with Mike
Freeman's Towing Services, LLC for the Police Department in accordance
with the criteria listed above and in a form to be approved by the City
Attorney.
PASSED AND APPROVED this the 7th day of March 2023.
MAYOR
ATTEST:
City Clerk
PAGE 3 OF 3 PAGES
AGENDA ITEM NO. 7.0
CITY COUNCIL AGENDA
March 7, 2023
ITEM/SUBJECT: Resolution rejecting the bid for roadway striping from Traffic Highway
Maintenance, LLC in the amount of $161 ,780.
INITIATING DEPT: Aviation, Traffic, & Transportation
COMMENTARY: On February 24, 2023, the Purchasing Division received a single bid
(23-05)from Traffic Highway Maintenance, LLC for 100,000 lineal feet of roadway striping
in the amount of $161 ,780. The FY 23 striping budget included several major arterials,
such as Kemp and Call Field Rd., as well as several bicycle lane projects.
It is staff's recommendation that Bid #23-05 be rejected. Staff will proactively contact
roadway striping companies to solicit future bids in order to receive more competitive
pricing.
® Purchasing ® Director of Aviation, Traffic, & Transportation
ASSOCIATED INFORMATION: Resolution
® Budget Office Review
® City Attorney Review
® City Manager Approval
PAGE 1 OF 2 PAGES
AGENDA ITEM NO. 7.D
Resolution No.
Resolution rejecting the bid for roadway striping from Traffic Highway
Maintenance, LLC in the amount of $161,780
WHEREAS, the City received a bid on February 24, 2023, for 100,000 lineal feet
of roadway striping from Traffic Highway Maintenance, LLC in the amount of $161 ,780;
and,
WHEREAS, it is in the City's best interest to reject the bid because the price is not
competitive for the work to be performed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City hereby rejects any and all bids received for roadway striping for the Traffic
Engineering Division.
PASSED AND APPROVED this the 7th day of March 2023.
MAYOR
ATTEST:
City Clerk
PAGE 2 OF 2 PAGES
AGENDA ITEM NO. 7.D