Darron Leiker, City Manager Kinley Hegglund, City Attorney Tracy Norr, City Clerk

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1 City of Wichita Falls City Council Agenda Glenn Barham, Mayor Michael Smith, At Large Ben Hoover, District 1 Annetta Pope - Dotson, District 2 Brian Hooker, District 3 Tim Ingle, District 4 Tom Quintero, District 5 Darron Leiker, City Manager Kinley Hegglund, City Attorney Tracy Norr, 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 3, 2015 Beginning At 8:30 A.M. Item # 1. Call to Order 2. (a) Invocation: Rod Payne, Pastor First Baptist Church (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month Nick Hillner, Fire Department 4. 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 meeting commencing. A five minute time frame will be adhered to for those addressing their concerns. CONSENT AGENDA 5. Approval of minutes of the February 17, 2015 Regular Meeting of the Mayor and City Council. 6. Resolutions (a) Resolution authorizing the City Manager to execute the Wichita Falls Transit System Title VI Civil Rights Program to meet grant assurances required by the Federal Transit Administration

2 (b) Resolution authorizing the City Manager to execute an Interlocal Agreement with Brazos County, Texas for the purchase of certain supplies, equipment and services 7. Receive Minutes (a) Animal Shelter Advisory Committee, November 14, 2014 (b) Traffic Safety Commission, January 7, 2015 REGULAR AGENDA 8. Ordinances (a) Ordinance amending Ordinance No declaring certain structures as dangerous by allowing the property owner additional time to rehabilitate 409 A Jalonick Street (b) Ordinance amending Ordinance # , which authorizes a General and a Special Election to be held on May 9, 2015, by adding temporary early voting locations and establishing regular business hours of the City Clerk's Office on the final two days of Early Voting by Personal Appearance 9. Resolutions (a) Resolution adopting the Davis-Bacon Prevailing Wage Rates for job classifications utilized on all Public Works construction contracts for the City of Wichita Falls (b) (c) (d) Resolution of the City Council of the City of Wichita Falls, Texas approving filing of application for Amendment of Certificate of Adjudication No Resolution awarding bid and contract for the 2015 Wayfinding Water Tank Logo Project to Williams Painting and Sandblasting, Inc. in the amount of $76, Resolution awarding bid and contract for the 2015 Concrete Street Rehabilitation Project to Freeman Paving LLC in the amount of $817, (e) Resolution to approve Change Order No. 2 for the completion of the 2014 Street Rehabilitation Project CITY COUNCIL AGENDA PAGE 2 OF 4

3 (f) (g) Resolution authorizing the City Manager to execute an agreement with Good To Go Gourmet, a sole proprietorship, at Wichita Falls Regional Airport for Food, Beverage and Gift Shop Concessions at Wichita Falls Regional Airport Resolution authorizing the City Manager to execute a Professional Services Agreement with Garver LLC for engineering services in conjunction with Taxiway C Reconstruction at Wichita Falls Regional Airport, in an estimated amount of $261, Other Council Matters (a) Staff Reports - None (b) Items of concern to members of the City Council 11. Executive Sessions (a) Executive Session in accordance with Texas Government Code to deliberate the purchase, exchange, lease, or value of real property as deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the 6th Street entrance nearest the Council chambers. There are additional handicapped parking spaces and ramp on 7 th Street at the main building entrance. 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 Wireless Listening System devices are available at the City Manager's reception area or you may call for inquiries. 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 CITY COUNCIL AGENDA PAGE 3 OF 4

4 executive session notice, and may include items under Texas Government Code Sections , , , , , , and/or CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of, 2015 at o clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4

5 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Employee of the month. INITIATING DEPT: Fire COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, dinner for two and check for $100) to Nick Raymond Hillner. Assistant City Manager/CFO ASSOCIATED INFORMATION: Narrative Budget Office Review: City Attorney Review: City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 3.A

6 EMPLOYEE OF THE MONTH FOR March, 2015 NAME: Nick Raymond Hillner DEPARTMENT: Fire HIRED: May 14, 1984 PRESENT POSITION: Fire Captain NARRATIVE: We are proud to announce the selection of Captain Nick Hillner as Employee of the Month for March Nick began his career in May of 1984 and currently serves as the Safety and Training Coordinator for B-Shift. Nick has been involved in every aspect of the department throughout his career, but his passion lies within professional development. As one of the department training officers, Nick is involved in every aspect of fire recruit training as well as in-service training. He also helps lead the Wildland Strike Team where he serves as a Strike Team Leader and is a member of the Wichita Falls Area Incident Management Team. Nick also serves as an Instructor for the Texas A&M Forest Service. HOBBIES: Nick's hobbies are motorcycle riding, bicycle riding, and pistol shooting. In the Fire Service and especially after 31 years of devoted service, one would think the passion and drive to learn and to teach begins to decline, but in Nick s case, his enthusiasm for knowledge and for the love of the job has not decreased at all. He is actively engaged in several committees on the department and his guidance and expertise is invaluable and exemplifies his ever-present drive for the best for not only the Fire Department, but the City of Wichita Falls. This type of dedication and devotion is what makes him a team player. CLOSING: We are proud to announce Captain Nick Hillner as the Employee of the Month. We feel like his steadfast dedication and hard work is what makes him not only a great employee, but a true asset to the City of Wichita Falls. PAGE 2 OF 2 PAGES AGENDA ITEM NO. 3.A

7 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution authorizing the City Manager to execute the Wichita Falls Transit System Title VI Civil Rights Program to meet grant assurances required by the Federal Transit Administration INITIATING DEPT: Aviation, Traffic, & Transportation COMMENTARY: As part of the Wichita Falls Transit System s grant assurances efforts to meet Federal Transit Administration (FTA) guidelines, the City of Wichita Falls is now required to formally adopt a Civil Rights Program for its public transportation service if it desires to continue receiving FTA funding. The adoption of this resolution does not change the current operations of the Wichita Falls Transit System because of previous FTA guidance. The latest guidance, however, requires the City to adopt a written program to meet the latest FTA requirements. This program, once implemented, will allow the City to continue receiving FTA funding. Subsequently, formally adopting a Title VI policy addressing the Civil Rights Act of 1964, allows the Wichita Falls Transit System to meet future grant requirements. Director, Aviation, Traffic, & Transportation ASSOCIATED INFORMATION: Resolution; Title VI Program Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 43 PAGES AGENDA ITEM NO. 6.A

8 Resolution No. Resolution authorizing the City Manager to execute the Wichita Falls Transit System Title VI Civil Rights Program to meet grant assurances required by the Federal Transit Administration WHEREAS, the City of Wichita Falls receives Federal Transit Administration grant support for the operation of the Wichita Falls Transit System; and, WHEREAS, the City of Wichita Falls is required to meet Federal Transit Administration grant requirements as part of this grant support for public transportation; and, WHEREAS, the adoption of a Title VI Program policy assists the City of Wichita Falls in meeting Federal Transit Administration grant assurances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the Title VI Program for the Wichita Falls Transit System, with changes thereto, in a form approved by the City Attorney. PASSED AND APPROVED this the 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 43 PAGES AGENDA ITEM NO. 6.A

9 TITLE VI PROGRAM WICHITA FALLS TRANSIT SYSTEM Updated July 2014 Prepared by the Wichita Falls Transit System Wichita Falls Metropolitan Planning Organization City of Wichita Falls, Texas Transit Staff John Burrus, Director of Aviation, Traffic, and Transportation, CWF Dennis Burket, Transit Administrator, CWF Jenny Stevens, Travel Center Supervisor, CWF MPO Staff Lin Barnett, MPO Director, WFMPO Jaimie Lee, Transportation Planner II, WFMPO City of Wichita Falls 2100 Seymour Highway Wichita Falls, Texas, (940) (940) (fax) PAGE 3 OF 43 PAGES AGENDA ITEM NO. 6.A

10 TABLE OF CONTENTS TITLE VI PROGRAM INTRODUCTION. 4 TYPE OF SERVICE PROVIDED. 4 GENERAL REPORTING REQUIREMENTS 4 Active Lawsuits or Complaints.. 4 Pending Applications for Financial Assistance Provided by Other Agencies. 5 Civil Rights Compliance Review Activities... 5 FTA Civil Rights Assurance, DOT Title VI Assurance 5 Title VI Complaint Procedures...5 Notice to the Public Service Standards and Policies.. 6 Title VI Equity Analysis. 7 Fare Increases Required Activities... 7 Service Reductions Required Activities... 7 Other Activities Related to Service Reductions Not Required. 7 Determine Site or Location of Facilities... 8 Recent Public Outreach and Involvement Activities... 8 Environmental Justice Public Meetings... 9 Sub Recipient Compliance Responsibilities of City Council... 9 Responsibilities of the Title VI Coordinator.. 10 Responsibilities of Other Staff Members.. 10 Program Area Responsibilities Program Area 1: Communications and Public Participation.. 11 Plan Objectives of the WFMPO Public Participation Plan.11 Strategies for Engaging Title VI Protected Groups. 11 Strategies for Engaging Individuals with Limited English Proficiency 12 Title VI Responsibilities Program Area 2: Planning and Programming Operational Guidelines Key Planning and Programming Activities PAGE 4 OF 43 PAGES AGENDA ITEM NO. 6.A

11 Program Area 3: Consultant Contracts.. 13 Operational Guidelines Title VI Responsibilities Program Area 4: Education and Training Operational Guidelines Title VI Responsibilities Questions. 15 CITY OF WICHITA FALLS APPROVAL AUTHORIZATION. 16 APPENDIX 1 CITY OF WICHITA FALLS FTA TITLE VI APPROVAL. 17 APPENDIX 2 CITY OF WICHITA FALLS DOT TITLE VI APPROVAL 18 APPENDIX 3 WICHITA FALLS TRANSIT SYSTEM TITLE VI NOTICE TO PUBLIC (ENGLISH) APPENDIX 4 WICHITA FALLS TRANSIT SYSTEM TITLE VI NOTICE TO PUBLIC (SPANISH)...21 APPENDIX 5 TITLE VI COMPLAINT PROCEDURES APPENDIX 6 TITLE VI COMPLAINT FORM APPENDIX 7 PUBLIC PARTICIPATION PLAN APPENDIX 8 PUBLIC PARTICIPATION PLAN SURVEY QUESTIONS APPENDIX 9 LIMITED ENGLISH PROFICIENCY PLAN.....,. 37 PAGE 5 OF 43 PAGES AGENDA ITEM NO. 6.A

12 TITLE VI PROGRAM INTRODUCTION A REPORT DOCUMENTING THE ON GOING IMPLEMENTATION OF TITLE VI CONDITIONS OF THE CIVIL RIGHTS ACT OF 1964 In 2014, the Wichita Falls Transit System (WFTS) will submit a report to the Federal Transit Administration (FTA) providing for a program to ensure that its transit services are available, are equitably distributed, and provide equal access and mobility to any person without regard to race, color, or national origin. WFTS will update this program every three years and submit it to FTA for approval. WFTS prepared this Title VI Plan pursuant to Title VI of the Civil Rights Act of 1964; October 1, 2012 FTA issued Circular B, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients"; U.S. Department of Transportation's Title VI regulations (49 CFR part 21); Environmental Justice (Order ); and Policy Guidance Concerning Recipients Responsibilities to Limited English Proficient ( LEP ) Persons (70 FR 74087). The Aviation, Traffic, and Transportation Director oversees the transit system and reports directly to the City Manager. It is the responsibility of the Aviation, Traffic and Transportation Department Director to ensure that transportation programs utilizing federal funds are in compliance with the transit system's Title VI Program and 49 CFR Section 21.9(b). The Aviation, Traffic and Transportation Director has the responsibility for coordinating and implementing the Title VI Program/Environmental Justice Assessments. The Wichita Falls City Manager approves the Wichita Falls Transit System s Title VI Program. The City Manager will submit a cover letter with the WFTS Title VI program attesting his approval of the program. WFTS does not utilize sub recipients for any of its transit functions, operations, planning, or capital acquisitions. TYPE OF SERVICE PROVIDED The Wichita Falls Transit System (WFTS) operates a demand response/route deviation municipal transit system that runs exclusively within the city limits of the City of Wichita Falls, Texas and is a division of the City's Aviation, Traffic, and Transportation Department. WFTS equally serves both disabled and non disabled passengers within its area of operation. The route deviation portion of our service offers curb to curb service to passengers living within ¼ mile either side of our regular routes. Passengers using this service are required to make requests 24 hours in advance by calling the dispatch office at The Urbanized Area (UZA) that we serve is less than 200,000 people. WFTS operates less than 50 vehicles during peak hours. Our total bus fleet is 14 buses. GENERAL REPORTING REQUIREMENTS Active Lawsuits or Complaints Currently, there are no lawsuits or complaints alleging that the Wichita Falls Transit System discriminates against anyone based on race, color, or national origin with respect to service or other transit benefits. There have been no lawsuits or complaints filed against WFTS within the past three years ( ). The Wichita Falls Metropolitan Planning Organization/Transportation Planning Division has a letter on file from the City Attorney s office verifying this fact. PAGE 6 OF 43 PAGES AGENDA ITEM NO. 6.A

13 Pending Applications for Financial Assistance Provided by Other Federal Agencies To date, WFTS has three (3) pending applications for financial assistance from the FTA. All other funding comes from state and local sources. The following is a description of the pending applications for financial assistance from FTA: WFTS 2013 Transit Grant: This grant contains Capital, Planning, Preventive Maintenance, and Operating Assistance activity line items. WFTS 2014 Transit Grant: This grant contains Capital, Planning, Preventive Maintenance, and Operating Assistance activity line items. WFTS 2015 Transit Grant: This grant contains Capital, Planning, Preventive Maintenance, and Operating Assistance activity line items. Civil Rights Compliance Review Activities There have been no federal, state, or local reviews of civil rights compliance in the last three (3) years. FTA Civil Rights Assurance and USDOT Title VI Assurance WFTS filed all certifications and assurances for fiscal year 2014 electronically with the FTA s online Grants Management Information System (TEAM Web), including the FTA Civil Rights Assurance and the DOT Title VI Assurance. Title VI Complaint Procedures WFTS has developed a public notice to inform customers of their rights under 49 CFR Section 21.9b, which is posted in the transit operations facility, online at and at the individual s request. See Appendix 3 for a copy of the posted notice. The WFTS Transit Administrator will maintain all complaints received by WFTS as an official record for five years from the date the complaint was resolved. In addition, WFTS will develop contract language to include adherence to its Title VI program for all contracts funded with federal dollars. Notice to the Public In compliance with 49 CFR part 21, WFTS shall provide the public with information about their protections against discrimination afforded to them by Title VI. Options for notifying the public include posting Title VI information on the agency s website, using posters, sending out comment cards, and placing flyers at stations and in transit vehicles. The notice must include the following: A statement that the agency operates programs without regard to race, color, and national origin A description of the procedures that members of the public should follow in order to request additional information on the recipients or sub recipients nondiscrimination obligations A description of the procedures that members of the public should follow in order to file a discrimination complaint against the recipient or sub recipient PAGE 7 OF 43 PAGES AGENDA ITEM NO. 6.A

14 Service Standards and Policies As required by the FTA, Wichita Falls Transit System has developed quantitative standards for the following indicators; Vehicle Load Expressed as the ratio of passengers to the number of seats on a vehicle, relative to the vehicle s maximum load point. VEHICLE TYPE SEATED CAPACITY STANDING CAPACITY TOTAL CAPACITY AVERAGE LOAD Gillig El Dorado Vehicle Headway Expressed as the amount of time between two vehicles traveling in the same direction on a given line or combination of lines. All WFTS routes are set up for 60 minute headways, so that transfers between routes can be accomplished. On Time Performance A measure of runs completed as scheduled. A vehicle is considered on time if it passes a scheduled time point no more than 2 minutes early, and no more than 5 minutes late. WFTS s on time performance goal is 90% or higher. Service Availability A general measure of the distribution of routes within an agency s service area. WFTS has 7 routes that cover approximately 90% of the city s 73 square miles. Bus stops in high density areas are placed with approximately 2 to 3 blocks distance between stops. When demand and passenger requests warrants it, additional stops are considered. Vehicle Assignment Assigning buses by taking into account the operating characteristics of the buses and matching them to the operating characteristics of the route. Since the type of buses in the WFTS s fleet are approximately the same size and have the same characteristics, there is no need to match a particular bus to a particular route. All buses are rotated through the various routes on a daily basis. Transit Amenities Installation of transit amenities along bus routes is based on the number of passengers boarding at each particular stop along the routes. WFTS has over 260 stops total, covering 7 routes. There are a total of 40 locations that have a shelter and bench. Shelters are placed according to the ridership demand at those locations. WFTS takes passenger suggestions on the locating of amenities at any stop, and researches the rider demand and need prior to making a determination on that stop s merits. PAGE 8 OF 43 PAGES AGENDA ITEM NO. 6.A

15 Title VI Equity Analysis Fare Increases Required Activities Fare increases are increases to the base full adult fare. When the full adult fare is increased, discount fares and fare media may increase at the same time. The WFTS Transit Administrator initiates fare increase requests. Once initiated, WFTS will conduct the following activities to solicit public input: Prepare notices in the form of press releases and notices on board buses Schedule public hearings in accordance with established Public Participation Plan notice procedures Hold public hearings and meetings to gain public input Service Reductions Service reductions occur when WFTS does the following to an individual route or set of routes: Reduces the span of service (hours in a day when service operates) Reduces the days during which service operates Reduces the frequency of service Eliminates a route altogether unless the route is a planned service development or experimental service that has been in existence for less than two years Required Activities Public involvement is required if any of the above activities impact more than 25% of an individual route s total service hours or 25% of an individual route s current ridership. When the Transit Administrator deems that one or both criteria have been met, the following activities will occur: Prepare notices in the form of press releases and notices on board buses Schedule public hearings in accordance with established Public Participation Plan notice procedures Hold public hearings and meetings to gain public input Other Activities Related to Service Reductions Not Required When deemed appropriate and reasonable, the Transit Administrator may also elect to conduct other activities to solicit public comment, including but not limited to: Hold public workshops in communities affected by the service reduction Make presentations to elected officials and local jurisdictions Make presentations to business and community groups Publicize the service reduction via promotions on radio, television and in newspapers PAGE 9 OF 43 PAGES AGENDA ITEM NO. 6.A

16 Conduct Equity Analysis to Determine Site or Location of Facilities Wichita Falls Transit System has not had any projects that would require an Equity Analysis, within the past three (3) years. Public Outreach and Public Involvement/Participation Activities Noted below, the Wichita Falls Transit System (WFTS) lists a summary of public outreach and public involvement/participation activities undertaken since the last Title VI submission and a description of steps taken to ensure that minority persons and low income individuals had, and continue to have, meaningful access to planned transit system projects. Public Meetings and Public Hearings The Wichita Falls Transit System (WFTS) holds one public meeting and one public hearing each year during the development of its annual Section 5307 capital, planning, and operating transit grant. WFTS also holds one public meeting and one public hearing for any special grant opportunities such as Section 5309 capital improvement projects, or any other Section 5307 grant projects. The following is a summary of all outreach efforts made since our last Title VI program update, which FTA approved on November 2, FY 2012 Transit Grant TX 90 Y008 (Annual Capital, PM, Operating, & Planning Grant) Meeting notices were posted at the following locations for a public hearing held on August 2, 2012 in the Central Services Complex conference room to allow the public to review and comment on the FY 2012 annual capital, preventive maintenance, operating, and planning grant. Eight people attended the public hearing on that day. Notices were also posted in the same locations for a Wichita Falls City Council meeting on August 7, The transit grant public hearing became a part of the City Council meeting on that day. Wichita Falls City Clerk s Office Wichita County Clerk s Office Archer County Clerk s Office Wichita Falls Times Record News Wichita Falls Public Information Office (Cable Channel 11 & City Website) Martin Luther King Center FY 2013 Transit Grant TX 95 X052 (Travel Center Construction Grant) Meeting notices were posted at the following locations for a public hearing held on March 5, 2013 in the Central Services Complex conference room to allow the public to review and comment on the FY 2013 Downtown Travel Center construction grant. Four people attended the public hearing on that day. Notices were also posted in the same locations for a Wichita Falls City Council meeting on March 19, The transit grant public hearing became a part of the City Council meeting on that day. Wichita Falls City Clerk s Office Wichita County Clerk s Office Archer County Clerk s Office Wichita Falls Times Record News Wichita Falls Public Information Office (Cable Channel 11 & City Website) Martin Luther King Center PAGE 10 OF 43 PAGES AGENDA ITEM NO. 6.A

17 FY 2013 Transit Grant TX 90 Y115 (Annual Capital, PM, Operating, & Planning Grant) Meeting notices were posted at the following locations for a public hearing held on July 31, 2013 in the Central Services Complex conference room to allow the public to review and comment on the FY 2013 annual capital, preventive maintenance, operating, and planning grant. Four people attended the public hearing on that day. Notices were also posted in the same locations for a Wichita Falls City Council meeting on August 6, The transit grant public hearing became a part of the City Council meeting on that day. Wichita Falls City Clerk s Office Wichita County Clerk s Office Archer County Clerk s Office Wichita Falls Times Record News Wichita Falls Public Information Office (Cable Channel 11 & City Website) Martin Luther King Center Wichita Falls MPO Metropolitan Transportation Plan Update Public Survey In April and May of 2014, the Wichita Falls Metropolitan Planning Organization (WFMPO) conducted an online and paper survey to gain information from the public about transportation needs within the WFMPO area. The survey included questions about transit routes, fares, and headways. The MPO used this information to aid in the development of the Metropolitan Transportation Plan update, which includes a Public Transportation Plan as part of the overall Metropolitan Transportation Plan. WFMPO staff provided the results of the survey to the Wichita Falls Transit System. Environmental Justice Public Meetings Beginning in August of each year since 2004, the Wichita Falls MPO compiles and prioritizes a list of Surface Transportation Projects for use in Environmental Justice analysis. Every September the WFMPO invites the public to attend two (2) public meetings to review current and future transportation projects, including transit related projects, to make comments and to submit transportation projects they would like to see take place within the MPO s boundaries. WFMPO staff analyzes all projects on the list for disproportionately high and adverse human health or environmental effects to minority or low income populations living within the footprint of the project area. Steps are then taken to avoid, minimize, mitigate, enhance, or in extreme cases, eliminate the project altogether. WFMPO posted all public meeting notices in accordance with the approved Wichita Falls MPO Public Participation Plan in both English and Spanish. Sub Recipient Compliance The Wichita Falls Transit System currently does not contract with sub recipients, and does not pass Federal or State money through to sub recipients. Responsibilities of City of Wichita Falls City Manager The City Manager of the City of Wichita Falls is solely responsible for the review and approval of all policy decisions concerning the Title VI Program. Wichita Falls Transit System is not governed by a board; neither elected nor appointed. The City of Wichita Falls maintains copies of cover letters and any other appropriate documentation showing the City Manager s approval of the Title VI document in the Wichita Falls MPO s office. PAGE 11 OF 43 PAGES AGENDA ITEM NO. 6.A

18 Responsibilities of the Title VI Coordinator The Title VI Coordinator supervises staff activities pertaining to Title VI regulations and procedures set forth in federal guidance in accordance with the Wichita Falls Transit System s Title VI Program. In support of this, the Title VI Coordinator will: Identify, investigate, and work to eliminate discrimination when found to exist Process Title VI complaints received by the Wichita Falls Transit System Meet with appropriate staff members to monitor and discuss progress, implementation, and compliance issues related to the Title VI program Periodically review the agency's Title VI program to assess if administrative procedures are effective, staffing is appropriate, and adequate resources are available to ensure compliance Review important Title VI related issues with the City Manager, as needed Assess communications and public involvement strategies to ensure adequate participation of impacted Title VI protected groups and address additional language needs when needed WFTS strives to meet evolving public transportation needs within the city limits of Wichita Falls, Texas through cooperation, leadership and planning. WFTS works through and with the Wichita Falls MPO, which maintains a Technical Advisory Committee that is comprised of nine (9) members including the MPO Director. This committee reviews all grant applications, planning documents, proposed service changes, and fare adjustments. The TAC committee then forwards all grants, with recommendations, to the Transportation Policy Committee, which is comprised of nine (9) members including the Mayor and two (2) City Councilors. The transit system has consistently sought public input and involvement from veteran, minority, elderly, and disabled organizations to ensure meaningful access to related activities. Responsibilities of Other Staff Members Other staff members, under supervision of the Title VI Coordinator, will occasionally be asked to accept or share responsibility for day to day administration of the Title VI program, including implementation of the plan and Title VI compliance, program monitoring, reporting, and education within an applicable program area, as described in the Program Area Responsibilities section of this document. In addition, some staff members may be asked to accept responsibility for drafting text for an assigned section of the Triennial Title VI Program Update, and maintaining the data and documentation necessary for that program update. These responsibilities may include reviewing guidelines and procedures for the assigned Title VI Program Area, and incorporating Title VI related language and provisions into agency documents, as appropriate. Program Area Responsibilities Program Area 1: Communications and Public Participation The goal of WFTS is to have significant and ongoing public participation in the transportation planning process. WFTS strives to ensure early and continuous public involvement in all major actions and decisions through use of the WFTS s Public Participation Plan. PAGE 12 OF 43 PAGES AGENDA ITEM NO. 6.A

19 Plan Objectives of the WFTS s Public Participation Plan: Provide adequate public notice of public participation activities and time for public review and comment at key decision points, including but not limited to a reasonable opportunity to comment on the proposed Public Participation Plan for the Wichita Falls Transit System Provide timely notice and reasonable access to information about transportation issues and processes Employ visualization techniques to describe WFTS improvement programs Make public information available in electronically accessible formats and means, such as the World Wide Web Hold public meetings at convenient and accessible locations and times Seek out and consider the needs of those traditionally underserved by existing transportation systems, such as low income and minority households, who may face challenges when accessing employment and other services Periodically review the effectiveness of the procedures and strategies contained within the public participation plan to ensure a full and open participation process Strategies for Engaging Title VI Protected Groups WFTS realizes that there are large segments of the population from whom input is rarely if ever received. In an effort to hear a truly representative voice of the public, WFTS will take the approach of going to the public, in addition to receiving public comment from and educating those already interested and involved. As part of this effort, WFTS will take the following steps: Plan meeting locations carefully: WFTS should hold public meetings in locations that are accessible by public transit. In addition, facilities should be compliant with the Americans with Disabilities Act. If a targeted population is located in a certain geographic area, then the meeting location should be in that area for their convenience Seek help from community leaders and organizations: To facilitate involvement of traditionally underserved populations, WFTS should consult with community leaders and organizations that represent these groups about how to effectively reach their members. WFTS should maintain relationships with these groups for future partnerships in the planning process Use alternative news organizations: In addition to mainstream media organizations, WFTS should target advertisements and news releases announcing public participation opportunities to media that reaches minority and ethnic populations Provide services for the disabled: Upon advance notice, WFTS can provide deaf interpreters, translators, and Braille documents for public meetings. Notifications of opportunities for public involvement will include contact information for people needing these or other special accommodations PAGE 13 OF 43 PAGES AGENDA ITEM NO. 6.A

20 Be sensitive to diverse audiences: At public meetings, WFTS staff should attempt to communicate as effectively as possible. Staff should avoid technical jargon and appropriate dress and conduct are important. For some meetings, it may be best to use trained facilitators or language translators for better communication with the audience Strategies for Engaging Individuals with Limited English Proficiency According to U.S. Census Bureau 2010 data, approximately 14.1% of persons within the Wichita Falls Metropolitan Statistical Area speak a language other than English at home, with Spanish, Chinese, and French being the most used non English languages. Spanish was the number one non English language spoken by 8.4% of the total Wichita Falls MSA population. WFTS publishes the Falls Ride transit booklet in both English and Spanish. WFTS will endeavor to ensure that public notices and advertisements are advertised in Spanish in minority newspapers, and will maintain a list of those staff members who speak a language other than English to provide points of contact for persons needing information. In addition, WFTS will establish a list of qualified interpreters and businesses that can provide translation services in the event that a translation is needed. WFTS submitted its LEP Plan to FTA Region VI on August 19, Title VI Responsibilities Staff involved in public involvement is responsible for evaluating and monitoring compliance with Title VI requirements in all aspects of the agency s public involvement process. These staff members will: Ensure that all communications and public involvement efforts comply with Title VI Develop and distribute information on Title VI and agency programs to the public Provide information in languages other than English, as needed Disseminate information to minority media and ethnic/gender related organizations, to help ensure all social, economic, and ethnic interest groups in the region are represented in the planning process Include the Title VI Notice to the Public, full or abbreviated versions (see Appendix 3), in relevant press releases and on the agency website Notify affected, protected groups of public hearings regarding proposed actions, and make the hearings accessible to all residents. This includes the use of interpreters when requested, or when a strong need for their use became apparent Collect statistical information on attendees of public meetings to track how well different segments of the population receive representation Encourage WFTS committee structure to include representation from Title VI relevant populations Program Area 2: Planning and Programming PAGE 14 OF 43 PAGES AGENDA ITEM NO. 6.A

21 The WFTS, with the assistance from the Wichita Falls MPO, develops long and short range transportation plans to provide efficient transportation services to the Wichita Falls metropolitan area. A comprehensive transportation planning process is used, which entails the monitoring and collection of data pertaining to transportation issues. Operational Guidelines Primary guidance provided by: The Metropolitan Planning Organization (MPO) Regulations 23 CFR 450 Moving Ahead for Progress in the 21 st Century Act (MAP 21) Title VI Responsibilities Staff members are responsible for evaluating and monitoring environmental justice compliance with Title VI. Staff members will: Ensure Title VI environmental justice compliance Analyze and make findings regarding the population affected by the action Analyze and make findings regarding the impacts of planned projects on protected Title VI groups, and determine if there will be a disproportionately high and adverse impact on these groups Disseminate information to the public on the processes used and findings of any analysis, in accordance with all agency public involvement procedures. This includes dissemination to groups representing minority media and ethnic/gender related organizations, and the use of public comment periods and public hearings, interpreters, and materials in other languages, as needed. Program Area 3: Consultant Contracts WFMPO is responsible for the selection, negotiation, and administration of all consultant planning contracts concerning the Wichita Falls Transit System. WFMPO operates under the internal City of Wichita Falls contract procedures and all relevant federal and state laws. Operational Guidelines FTS Disadvantaged Business Enterprise (DBE) Program Title 48, Chapter 1, Part 31 Contract Cost Principles and Procedures Title 23, CFR 172 Administration of Engineering and Design related Service Contracts Title VI Responsibilities Title VI responsibilities associated with consultant contracts include the following: PAGE 15 OF 43 PAGES AGENDA ITEM NO. 6.A

22 Ensure inclusion of Title VI language in contracts and Requests for Proposals (RFP) Review consultants for Title VI compliance as described below: o o Ensure that all consultants verify their compliance with Title VI procedures and requirements If a recipient or sub recipient is found to be not in compliance with Title VI, the Title VI Coordinator and relevant staff will work with the recipient or sub recipient to resolve the deficiency status and will write a remedial action if necessary Maintain the Disadvantaged Business Enterprise (DBE) Program as described below: o o o o Monitor, update, and maintain the agency s DBE program Submit annual reports on DBE participation to FTA and FHWA Establish and adjust DBE participation goals as appropriate Annually review and evaluate DBE participation in relation to DBE goals, and continue efforts to create a level playing field for DBE and non DBE consultants when MARC does not meet its established goals Program Area 4: Education and Training Title VI, federal and state anti discrimination laws, protects all minorities, women, veterans, individuals with disabilities, and other individuals. Federal law provides these groups with an equal opportunity and with fair treatment in all employment related decisions, including opportunities for education and training. All Wichita Falls Transit System personnel will be provided with the LEP Plan and will be educated on procedures and services available. This information will also be part of the orientation process for new hires. Training topics are listed below: Understanding the Title VI LEP responsibilities What language assistance services WFTS offers Use of LEP I Speak Cards How to access a staff interpreter Documentation of language assistance requests How to handle a complaint Title VI Responsibilities Under the category of education and training, Title VI responsibilities include: Assisting in the distribution of information to WFTS staff on training programs regarding Title VI and related statutes PAGE 16 OF 43 PAGES AGENDA ITEM NO. 6.A

23 Ensure equal access to, and participation in, applicable NHI and NTI courses for qualified WFTS employees Track staff participation in Title VI, NHI and NTI courses Establish, maintain, and update a Title VI procedures manual containing general information pertaining to the administration of the WFTS Title VI program, as well as related documents (such as a complaint form) Questions For questions on the WFTS Title VI Program and Procedures, please contact the Title VI Coordinator at or by at John.Burrus@wichitafallstx.gov. PAGE 17 OF 43 PAGES AGENDA ITEM NO. 6.A

24 PAGE 18 OF 43 PAGES AGENDA ITEM NO. 6.A

25 PAGE 19 OF 43 PAGES AGENDA ITEM NO. 6.A

26 APPENDIX 2 DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCE The City of Wichita Falls (hereinafter referred to as the Recipient ) HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat.252, 42 U.S.C. 2000d 42 U.S.C. 2000d 4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Federal Transit Administration and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7 (a) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to any FTA program: 1. That the Recipient agrees that each program and each facility as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a program ) conducted, or will be (with regard to a facility ) operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all U.S. Department of Transportation Programs and, in adapted form in all proposals for negotiated agreements: The City of Wichita Falls, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d 4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to this Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a PAGE 20 OF 43 PAGES AGENDA ITEM NO. 6.A

27 PAGE 21 OF 43 PAGES AGENDA ITEM NO. 6.A

28 APPENDIX 3 WFTS TITLE VI NOTICE TO THE PUBLIC (ENGLISH) Wichita Falls Transit System D.B.A Falls Ride Title VI Notice to the Public The Wichita Falls Transit System D.B.A Falls Ride hereby gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Act of 1964 and all related statutes. Title VI requires that no person in the United States of America shall, on the grounds of race, color, sex, or national origin, be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Wichita Falls Transit System receives Federal financial assistance. To request a copy of this agency s Title VI program contact the Wichita Falls Transit System. To request copies of the program in an alternative format in accordance with ADA and LEP regulations contact the Wichita Falls Transit System at For more information on the Wichita Falls Transit System s civil rights program, please visit the Administration office located at 2100 Seymour Highway, Wichita Falls, Texas, call , or visit the web site at Any person who believes they have been discriminated against under Title VI should file complaints with the Wichita Falls Transit System by contacting the Transit Administrator, Dennis Burket, at Dennis.Burket@wichitafallstx.gov or by calling Complainants may also file a formal complaint within 180 days of the alleged discrimination, with the Federal Transit Administration s Office of Civil Rights. The complaint may be sent to: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor TCR 1200 New Jersey Ave., SE Washington, DC If information is needed in another language, contact the Administration office at This notice will be posted at the Administration Office, Travel Center, and at PAGE 22 OF 43 PAGES AGENDA ITEM NO. 6.A

29 APPENDIX 4 WFTS TITLE VI NOTICE TO THE PUBLIC (SPANISH) Sistema de Tránsito Wichita Falls D.B.A "Falls Ride" Título del Anuncio VI al Público The Wichita Falls Tránsito Sistema DBA "Falls Ride" por este medio da aviso público de su política para asegurar el pleno cumplimiento con el Título VI del Acta de Derechos Civiles de 1964 y todas las leyes relacionadas. Título VI establece que ninguna persona en los Estados Unidos de América, por motivos de raza, color, sexo, u origen nacional, ser excluida de participar en, ser negado los beneficios de, o ser sujeto de otro modo a discriminación bajo cualquier programa o la actividad para la cual el sistema de tránsito de Wichita Falls recibe asistencia financiera federal. Para solicitar una copia del Título VI programa de contacto de esta agencia del Sistema de Transporte Falls Wichita. Para solicitar copias del programa en un formato alternativo de conformidad con la normativa ADA y LEP en contacto con el sistema de tránsito de Wichita Falls a Cualquier persona que cree que ha sido discriminado en el Título VI se debe presentar una denuncia ante la Wichita Falls Sistema de Tránsito Tránsito por el contacto con la Administración, Dennis Burket, en Dennis.Burket@wichitafallstx.gov o llamando al Los denunciantes también puede presentar una queja formal dentro de los 180 días de la presunta discriminación, con la Administración Federal de Tránsito la Oficina de Derechos Civiles. La queja puede ser enviado a: Cualquier persona que cree que ha sido discriminado en el Título VI se debe presentar una denuncia con el Wichita Falls Sistema de Tránsito por ponerse en contacto con el Administrador Tránsito, Dennis Burket, en Dennis.Burket@wichitafallstx.gov o llamando al Los denunciantes también puede presentar una queja formal dentro de los 180 días de la presunta discriminación, con la Administración Federal de Tránsito la Oficina de Derechos Civiles. Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor TCR 1200 New Jersey Ave., SE Washington, DC Si necesita información en otro idioma, póngase en contacto con la oficina de la Administración al Este aviso se publicará en la Oficina de la Administración, Centro de Viajes, y en PAGE 23 OF 43 PAGES AGENDA ITEM NO. 6.A

30 APPENDIX 5 TITLE VI COMPLAINT PROCEDURES These procedures apply to all complaints filed under Title VI of the Civil Rights Act of 1964 [including its Disadvantaged Business Enterprises (DBE) and Equal Employment Opportunity (EEO) components], Section 504 of the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1987, and the Americans with Disabilities Act of 1990, relating to any program or activity administered by WFTS or its sub recipients, consultants, and/or contractors intimidation or retaliation of any kind is prohibited by law. These procedures do not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel for complaints alleging discrimination. These procedures are part of an administrative process that does not provide for remedies that include punitive damages or compensatory remuneration for the complainant. Every effort will be made to obtain early resolution of complaints at the lowest level possible. The option of informal mediation meeting(s) between the affected parties and the Title VI Coordinator may be utilized for resolution, at any stage of the process. The Title VI Coordinator will make every effort to pursue a resolution to the complaint. Initial interviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities. Procedures 1) Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by Title VI non discrimination provisions may file a written complaint with the WFTS Title VI Coordinator. A formal complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. The complaint must meet the following requirements: (a) (b) (c) (d) (e) Complaint shall be in writing and signed by the complainant(s). Include the date of the alleged act of discrimination (date when the complainant(s) became aware of the alleged discrimination; or the date on which that conduct was discontinued or the latest instance of the conduct). Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complained of incident. Allegations received by fax or e mail will be acknowledged and processed, once the identity(ies) of the complainant(s) and the intent to proceed with the complaint have been established. For this, the complainant is required to mail a signed, original copy of the fax or e mail transmittal for WFTS to be able to process it. Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing. A complaint form will be forwarded to the complainant for him/her to complete, sign, and return to WFTS for processing. PAGE 24 OF 43 PAGES AGENDA ITEM NO. 6.A

31 2) Upon receipt of the complaint, the Title VI Coordinator will determine its jurisdiction, acceptability, and need for additional information, as well as investigate the merit of the complaint. In cases where the complaint is against one of WFTS s sub recipients of federal funds, WFTS will assume jurisdiction and will investigate and adjudicate the case. Complaints against WFTS will be referred to the Texas State Department of Transportation's (TxDOT) Office of Equal Opportunity (OEO), the Federal Highway Administration or the Federal Transit Administration, as appropriate, for proper disposition pursuant to their procedures. In special cases warranting intervention to ensure equity, these agencies may assume jurisdiction and either complete or obtain services to review or investigate matters. 3) In order to be accepted, a complaint must meet the following criteria: a. The complaint must be filed within 180 calendar days of the alleged occurrence or when the alleged discrimination became known to the complainant. b. The allegation(s) must involve a covered basis such as race, color, or national origin. c. The allegation(s) must involve a program or activity of a Federal aid recipient, sub recipient, or contractor, or, in the case of ADA allegations, an entity open to the public. d. The complainant(s) must accept reasonable resolution based on WFTS s administrative authority (reasonability to the determined by WFTS). 4) A complaint may be dismissed for the following reasons: a. The complainant requests the withdrawal of the complaint. b. The complainant fails to respond to repeated requests for additional information needed to process the complaint. c. The complainant cannot be located after reasonable attempts. 5) Once WFTS or TxDOT decides to accept the complaint for investigation, the complainant and the respondent will be notified in writing of such determination within five calendar days. The complaint will receive a case number and will then be logged in WFTS s or TXDOT s records identifying its basis and alleged harm, and the race, color, national origin, and gender of the complainant. 6) In cases where WFTS assumes the investigation of the complaint, WFTS will provide the respondent with the opportunity to respond to the allegations in writing. The respondent will have 10 calendar days from the date of WFTS s written notification of acceptance of the complaint to furnish his/her response to the allegations. 7) In cases where WFTS assumes the investigation of the complaint, within 40 calendar days of the acceptance of the complaint, WFTS s Investigator* will prepare an investigative report for review by the agency s Legal Counsel and City Manager. The report shall include a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition. PAGE 25 OF 43 PAGES AGENDA ITEM NO. 6.A

32 *This can be one of WFTS s Title VI Liaisons, or WFTS s Title VI Coordinator. 8) The investigative report and its findings will be sent to WFTS s Legal Counsel for review. The Counsel will review the report and associated documentation and will provide input to the Investigator within 10 calendar days. 9) Any comments or recommendations from WFTS s Legal Counsel will be reviewed by WFTS s Investigator. The Investigator will discuss the report and recommendations with the Executive Director within 10 calendar days. The report will be modified as needed and made final for its release. 10) WFTS s final investigative report and a copy of the complaint will be forwarded to TXDOT s OEO within 60 calendar days of the acceptance of the complaint. TXDOT s OEO will share the report with FHWA and FTA, Washington Division Offices, as part of its Annual Title VI Update and Accomplishment Report. 11) WFTS will notify the parties of its preliminary findings, which are subject to concurrence from TXDOT s OEO. TXDOT s OEO will issue the final decision to WFTS based on WFTS s investigative report. 12) Once TXDOT s OEO issues its final decision, WFTS will notify all parties involved about such determination. TXDOT s final determination is not subject to an appeal. 13) TXDOT will also serve as the appealing forum to a complainant that is not satisfied with the outcome of an investigation conducted by WFTS. TXDOT will analyze the facts of the case and will issue its conclusion to the appellant according to their procedures. 14) Complainants may also file a complaint directly with the Federal Transit Administration at the address below. U.S. Department of Transportation Office of Civil Rights Certification Appeals Branch 1200 New Jersey Ave. SE West Building, 7th Floor Washington, D.C PAGE 26 OF 43 PAGES AGENDA ITEM NO. 6.A

33 APPENDIX 6 TITLE VI COMPLAINT FORM Wichita Falls Transit System Complaint Form Page 1 Instructions: If you would like to submit a Title VI complaint to the Wichita Falls Transit System, please fill out the forma below and send it to: Wichita Falls Transit System, Attn: AT&T Director, 2100 Seymour Hwy., Wichita Falls, TX For questions, please contact John Burrus at (940) or at John.Burrus@wichitafallstx.gov. For a copy of Wichita Falls Transit System s full Title VI Plan or Notice to the Public, see our Web site at or contact Public Transportation at (940) or Dennis.Burket@wichitafallstx.gov. 1. Name (Complainant): 2. Phone: 3. Home address (street #, city, state, zip): 4. If applicable, name of person(s) who allegedly discriminated against you: 5. Location and position of person(s) if known: 6. Date of alleged incident 7. Discrimination because of: Race / color Sex (includes sexual harassment Vietnam Era Veteran National origin Sexual orientation Disabled Veteran Creed / religion Marital status Retaliation Disability Age 8. Explain as briefly and clearly as possible what happened and how you believe you were PAGE 27 OF 43 PAGES AGENDA ITEM NO. 6.A

34 discriminated against. Indicate who was involved. Be sure to include how you feel other persons were treated differently than you. Also, attach any written material pertaining to your case. PLEASE COMPLETE PAGE 2 OF THIS FORM PAGE 28 OF 43 PAGES AGENDA ITEM NO. 6.A

35 Complaint Form Page 2 9. Why do you believe these events occurred? ADDITIONAL INFORMATION: 10. What other information do you think is relevant to the investigation? 11. How can this/these issue(s) be resolved to your satisfaction? PAGE 29 OF 43 PAGES AGENDA ITEM NO. 6.A

36 12. Please list below any person(s) we may contact for additional information to support or clarify your complaint (witnesses, fellow employees, supervisors, others): Name: Job Title: Address: Phone number: Date of Complaint Complainant Name (print) Complainant Name (signature) PAGE 30 OF 43 PAGES AGENDA ITEM NO. 6.A

37 APPENDIX 7 PUBLIC PARTICIPATION PLAN The Wichita Falls Transit System s (WFTS) Public Participation Plan (PPP) defines the process for communicating with and obtaining input from the public concerning agency programs, projects, and program funding. The guidelines and principles outlined in the plan guide the agency s public outreach and involvement efforts for local transportation projects, transit fare changes, environmental, and other planning efforts. The PPP is meant to inform the public and other stakeholders about the overall WFTS public participation process, how they can receive information from WFTS, and how they can provide input into local planning, policy, and decision making efforts. It sets forth WFTS s commitment to an open process that provides opportunities for input throughout the decision making process. PUBLIC PARTICIPATION PROCESS The WFTS Public Participation Plan establishes a process for obtaining input from and providing information to the public concerning agency policies, programs, projects, and program funding in order to ensure the public is informed and has the opportunity to provide WFTS with input so plans can reflect the public s vision. In accordance with FHWA regulations, WFTS will review and update this plan as needed. The various federal and state laws and regulations mentioned require that an agency such as WFTS conduct public participation programs to ensure that the public is involved and that community concerns are addressed. For example, planning of public transit capital projects, development of short range transit service policies and plans, and setting of transit fare policy and structure changes to public transportation require public participation. A significant component of the WFTS mission is a strong commitment to public participation and involvement to include all residents and stakeholders in the local planning process. The public participation process, development of plans, and outreach activities are coordinated through the Wichita Falls Metropolitan Planning Organization. Ensuring the meaningful involvement of all social and economic groups, including low income, minority, disabled, senior, and other traditionally underrepresented communities is a key component of the PPP. As discussed in the Introduction section, activities covered in the PPP are consistent with federal and state environmental justice laws, regulations, and requirements, Title VI of the Civil Rights Act and related nondiscrimination requirements, and they reflect the principles of social equity and environmental justice. The overall public participation process follows these guidelines and principles. 1. The Public Participation Plan is designed to inform and involve people and organizations in the region s decision making process on issues such as growth, transportation, environmental management, economic development, and public safety. The PPP seeks to involve all citizens, including, but not limited to, low income households, Hispanic, African American, Asian, Native American, senior, limited English speaking populations, persons with disabilities, as well as community based and civic organizations, public agencies, business groups and associations, environmental organizations, corporations, city commissions, schools, and other stakeholders in the decision making process. 2. WFTS seeks to involve audiences outlined in Section of Title 23 in the Code of Federal Regulations: citizens, affected public agencies, representatives of public transportation employees, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, PAGE 31 OF 43 PAGES AGENDA ITEM NO. 6.A

38 and other interested parties. These efforts also are designed to reach affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder representatives, broad based business organizations, landowners, commercial property interests, and homeowner associations. 3. WFTS and MPO meetings provide the public input forum and decision point for significant regional issues. The MPO typically holds two board meetings each quarter: a Technical Advisory Committee (TAC) meeting the first month of each quarter, and a Transportation Policy Committee meeting, two weeks later. Meetings held at the Travel Center in Wichita Falls, are accessible by public transit. During these meetings, Directors solicit public input, adopt plans, allocate transportation funds, approve transit construction plans, approve transit fare and implement smart growth initiatives, consider energy and habitat plans, and establish policies and develop programs that are used by local governments, as well as other public and private organizations. 4. For planning, project, funding, transit fare changes, and policy decisions, public input shall be documented, issues or concerns addressed, and resolution of issues and/or changes made reflected in final reports, plans, or other documents. The final reports or documents are subject to approval by a vote at a public City of Wichita Falls City Council meeting. 5. WFTS proactively seeks and promotes public participation in meetings, and hearings, as well as participation and attendance at committees, and working groups. WFTS follows local, state, and federal guidelines for posting public meeting and hearing notices. Depending upon the specific project, WFTS endeavors to hold meetings at times that can attract as many participants as possible. WFTS endeavors to hold these meetings in locations that are accessible by public transit. These meetings are held in buildings, rooms, or locations that are accessible to persons with disabilities. 6. WFTS informs the public in a timely manner about regional issues, actions, and pending decisions through a number of efforts. As needed or required, WFTS provides adequate notice in newspapers of general circulation for publication of legal notices, including minority and Spanish language publications. Other publication and distribution efforts to residents, agencies, and city/county governments may include e mail notification, notices on the WFTS and MPO website. 7. WFTS conducts periodic public opinion surveys as part of the outreach and citizen participation component of the WFTS PPP. These surveys are designed to keep WFTS officials aware of issues that are of concern to the diverse groups of people who live here. 8. WFTS periodically reviews the effectiveness of the procedures and strategies contained in the PPP and any other planning, program, or project specific public participation plans to ensure the goals of the outreach and involvement are met. Assessment is considered to determine results of outreach effectiveness by reporting how many people are contacted, how many respond, as well as what follow up measures were taken to ensure persons who commented know what was done with their comments. 9. WFTS coordinates and consults with other federal, state, local, and nonprofit agencies in developing regional transportation plans and transportation improvement programs, including ensuring coordination of metropolitan planning activities with planning for non emergency transportation services. PAGE 32 OF 43 PAGES AGENDA ITEM NO. 6.A

39 PUBLIC INVOLVEMENT PLANS 1. WFTS will follow current federal and state regulations regarding public involvement processes and procedures. WFTS will develop public involvement plans in consultation with all interested parties and will describe and secure feedback on procedures, strategies, and desired outcomes. 2. WFTS will develop public involvement plans tailored to meet specific project needs, which address the unique challenges presented by each project. WFTS will follow best practices in developing these plans. This includes addressing needs and conducting outreach with stakeholders. 3. The tailored public involvement plans will set objectives, identify people to be reached, develop public involvement strategy, and define specific outreach techniques. This will be developed in consultation with interested stakeholders. 4. WFTS will maintain and enhance opportunities to promote plans and projects and secure input on those plans and projects through the WFTS website, newsletters and notification, social media channels, and other web based activities. 5. The PPP will be developed so that critical community concerns and technical issues are identified and potential options to address those concerns are provided. 6. For planning, project, funding, transit fare, and policy decisions, public input shall be documented, issues or concerns addresses, and resolution of issues and/or changes made reflected in final reports, plans, or other documents. 7. To facilitate community participation, lists of individuals, agencies, and organizations will be maintained for distribution of agency materials. These lists will include persons who have indicated an interest in transportation planning projects during previous public information efforts and/or focused on the specific project. CAPITAL PROJECTS For all capital improvement projects with significant community impacts, WFTS will provide opportunities for members of the public to provide input and express concerns. WFTS also will implement a program designed to inform the public of progress, as well as safety and community impacts in the event of construction. 1. WFTS will hold public meetings at key stages of project development and implementation. WFTS will endeavor to hold off site public meetings at locations accessible by public transit in the vicinity of the project area at times convenient for the public to attend. WFTS will solicit input from representatives of interest groups of the local population, such as community groups, planning groups, business groups and associations, environmental organizations, neighborhood associations, minority groups, and senior and disabled riders. These stakeholders will be consulted during the design and construction of capital projects 2. WFTS will work to advise the public regarding actual and perceived disruption during construction of capital projects by distributing informational, educational, and public information materials and by using other traditional community outreach tools. PAGE 33 OF 43 PAGES AGENDA ITEM NO. 6.A

40 3. WFTS will endeavor to meet citizen concerns as they arise and attempt to resolve those concerns. TRANSIT SERVICE AND FARE CHANGES 1. WFTS seeks to inform and involve public transit riders, stakeholders, and the general public about proposed changes in transit fares. This includes addressing needs and conducting outreach with transit riders and stakeholders. 2. Public hearings will be held by WFTS for fare changes. Public meetings will be held at a time and location that is accessible by users of public transit. When appropriate, meetings at which the public can provide comments will be held during evening hours. 3. Public notices in both English and Spanish will be posted on all public transit vehicles and will include a description of the proposed fare change, the date, time, intent and location of the public hearing, and the deadline for written, , and phone comments from the public. 4. Print notice of public hearings will be provided 72 hours prior to the public hearing meeting date in newspapers of general circulation including appropriate minority and community publications. 5. Additional public outreach will be performed through media notification, web postings, social media notifications and newsletters. PAGE 34 OF 43 PAGES AGENDA ITEM NO. 6.A

41 APPENDIX 8 PUBLIC PARTICIPATION PLAN SURVEY QUESTIONAIRES How would you prefer to receive information from WFTS? Please select up to three. Answer Options Public meetings Informal community meetings Surveys Not interested in receiving information Other Response Percent Response Count How would you prefer to provide input to WFTS? Please select up to three. Answer Options Public meetings Informal community meetings Mail group E mail comment Letter Phone comment line Not interested in providing input Other Response Percent Response Count When would you prefer to attend a meeting? Answer Options Monday through Friday between 8 a.m. and 11 a.m., or between 1 p.m. and 5 p.m. Monday through Friday between 11 a.m. and 1 p.m. Monday through Friday after 5 p.m. Saturday or Sunday between 9 a.m. and 5 p.m. Other times/days of week Not interested in attending a meeting Response PAGE 35 OF 43 PAGES AGENDA ITEM NO. 6.A

42 How would you prefer to have detailed or complicated material presented to you? Please only check one. Answer Options Written information online for review and/or download in advance Live presentation at a meeting or workshop Brochure, flier, or printed material Map, chart, or other visual Response Percent Response Count How well do you believe WFTS currently communicates opportunities for public input in the planning process? Answer Options Very well Somewhat well Not very well Not well at all No opinion Response Percent Response Count Which of the following best describes you? Answer Options Business person Elected official Community group member Government agency staff Environmental group member or staff Community based organization member Student Non profit Stakeholder Concerned / interested resident Response Percent Response Count PAGE 36 OF 43 PAGES AGENDA ITEM NO. 6.A

43 Wichita Falls Transit System 2014 Title VI Program Cómo preferiría recibir la información de WFTS sobre estos asuntos regionales? Por favor marque únicamente hasta tres opciones. Answer Options Reuniones públicas Reuniones informales con la comunidad Encuestas No estoy interesado en recibir información Otro Response Percent Response Count Cómo preferiría darle a WFTS sus comentarios sobre asuntos regionales? Por favor marque únicamente hasta tres opciones. Answer Options Reuniones públicas Cartas Comentarios por teléfono Reuniones informales con la comunidad Encuesta por correo Comentarios por correo electrónico No estoy interesado en dar información Otro Response Percent Response Count Cuándo prefiere que sean las reuniones? Answer Options De lunes a viernes, de 8 a.m. a 11 a.m., o entre 1 p.m. y 5 p.m. De lunes a viernes entre 11 a.m. y 1 p.m. De lunes a viernes después de las 5 p.m. Sábados o domingos, entre 9 a.m. y 5 p.m. Otros horarios/días de semana No me interesa asistir a una reunión Response Percent Response Count PAGE 37 OF 43 PAGES AGENDA ITEM NO. 6.A

44 Wichita Falls Transit System 2014 Title VI Program Cómo preferiría que le presentaran material con contenido detallado o complicado? Por favor marque uno sólo. Answer Options Información disponible en Internet y/o descargada para su revisión previa Presentación en vivo Folleto, volante o otro material impreso Mapa, gráficas o otro material visual Response Percent Response Count Qué tan bien comunica WFTS las oportunidades que tiene el público para comentar en el proceso de planeación? Answer Options Muy bien Más o menos bien No muy bien Nada bien Sin opinión Response Percent Response Count Cuál de las opciones a usted describe mejor? Answer Options Persona de negocios Un individuo interesado en el tema Autoridad electa Personal o miembro de un grupo comunitario Personal de una agencia gubernamental Personal o miembro de un grupo ambientalista Estudiante Otro Response Percent Response Count PAGE 38 OF 43 PAGES AGENDA ITEM NO. 6.A

45 Wichita Falls Transit System 2014 Title VI Program APPENDIX 9 LIMITED ENGLISH PROFICIENCY PLAN Introduction This Limited English Proficiency (LEP) Plan has been prepared to address Wichita Falls Transit System s (WFTS) responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, and Federal Transit Administration Circular , which state that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166, titled Improving Access to Services for Persons with Limited English Proficiency, indicates that differing treatment based upon a person s inability to speak, read, write or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all state and local agencies which receive federal funds. Plan Summary WFTS is the public transportation provider for the City of Wichita Falls and has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by WFTS. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English. This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available. In order to prepare this plan, WFTS undertook the U.S. Department of Transportation (U.S. DOT) four factor LEP analysis which considers the following factors: 1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a WFTS program, activity or service. 2. The frequency with which LEP persons come in contact with WFTS activities or services. 3. The nature and importance of programs, activities or services provided by WFTS to the LEP population. 4. The resources available to WFTS and overall costs to provide LEP assistance. A summary of the results of the WFTS four factor analysis is in the following section. Four Factor Analysis PAGE 39 OF 43 PAGES AGENDA ITEM NO. 6.A

46 Wichita Falls Transit System 2014 Title VI Program 1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a WFTS program, activity or service. WFTS staff reviewed the 2010 U.S. Census Report and determined the following: Limited English Proficient Persons in the WFTS Service Area 2010 Census of Population and Housing US Census Bureau Category of Population Population Percentage English only 82,660 66% Language other than English 14,455 12% Speak English less than "very well" 6,320 5% Spanish 11,254 9% Speak English less than "very well 4,962 4% Other Indo European languages 950.8% Speak English less than "very well 301.2% Asian and Pacific Islander languages 2,078 1% Speak English less than "very well 1,057.9% Other languages 173.1% 2. The frequency with which LEP persons come in contact with WFTS programs, activities or services. WFTS assessed the frequency with which staff and drivers have, or could have, contact with LEP persons. This includes documenting phone inquiries and surveying vehicle operators for requests for interpreters and translated documents. To date, the most frequent contact between LEP persons is with bus drivers. Translated documents have included postings on the buses relating to fares and transit rules written in Spanish. PAGE 40 OF 43 PAGES AGENDA ITEM NO. 6.A

47 Wichita Falls Transit System 2014 Title VI Program 3. The nature and importance of programs, activities or services provided by WFTS to the LEP population. The largest geographic concentration of LEP individuals in the WFTS service area speaks Spanish. Services provided by WFTS that are most likely to encounter LEP individuals are the fixed route system which serves the general public. It is also likely that WFTS will encounter LEP individuals at the Wichita Falls Travel Center. The center serves as a transfer point for urban, rural, and intercity transportation providers. Transit tickets are also sold, and posters are displayed relating to transit service and events. 4. The resources available to WFTS and overall cost to provide LEP assistance. WFTS assessed its available resources that could be used for providing LEP assistance, including determining how much a professional interpreter and translation service would cost on an as needed basis, which of its documents would be the most valuable to be translated if the need should arise, and taking an inventory of available organizations that WFTS could partner with for outreach and translation efforts. The amount of staff and vehicle operator training that might be needed was also considered. Based on the four factor analysis, WFTS developed its LEP Plan as outlined in the following section Limited English Proficiency (LEP) Plan Outline How WFTS and staff may identify an LEP person who needs language assistance: 1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings. 2. Have a staff person greet participants as they board the system s buses. By informally engaging participants in conversation it is possible to gauge each passenger s ability to speak and understand English. 3. Have Census Bureau Language Identification Flashcards available at WFTS meetings. This will assist WFTS in identifying language assistance needs for future events and meetings. 4. Have Census Bureau Language Identification Flashcards on all transit vehicles to assist vehicle operators in identifying specific language assistance needs of passengers. If such individuals are encountered, vehicle operators will be instructed to try to obtain contact information to give to WFTS s management for followup. 5. Vehicle operators and other front line staff, like dispatchers, and trainers, will be surveyed on their experience concerning contacts with LEP persons during the previous year. PAGE 41 OF 43 PAGES AGENDA ITEM NO. 6.A

48 Wichita Falls Transit System 2014 Title VI Program Language Assistance Measures There are numerous language assistance measures available to LEP persons, including both oral and written language services. There are also various ways in which WFTS staff responds to LEP persons, whether in person, by telephone or in writing; Network with local human service organizations that provide services to LEP individuals and seek opportunities to provide information on WFTS programs and services Provide a bilingual Community Outreach Coordinator at community events, and public hearings; Placement of statements in notices and publications that interpreter services are available for these meetings, with 72 hour advance notice; Provide Language Identification Flashcards at the Travel Center, onboard the WFTS buses, and at the WFTS administrative office; Post the WFTS Title VI Policy and LEP Plan on the agency website; Provide group travel training to LEP persons with the assistance of bilingual staff; Include language Spanish a plus on bus driver recruitment flyers and onboard recruitment posters; When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers. A list of volunteers will need to be developed. Staff Training The following training will be provided to WFTS staff: 1. Information on the WFTS Title VI Procedures and LEP responsibilities 2. Description of language assistance services offered to the public 3. Use of Language Identification Flashcards 4. Documentation of language assistance requests 5. How to handle a potential Title VI/LEP complaint Staff Training is conducted on a semi annual basis for established staff members, and new staff members are trained as part of their initial orientation, and subsequently semi annually. PAGE 42 OF 43 PAGES AGENDA ITEM NO. 6.A

49 Wichita Falls Transit System 2014 Title VI Program Outreach Techniques When staff prepares a document, or schedules a meeting, for which the target audience is expected to include LEP individuals, then documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population. Interpreters will be available as needed. Monitoring and Updating the LEP Plan WFTS will update the LEP every 3 years as required by U.S. DOT. Updates will include the following: The number of documented LEP person contacts encountered annually How the needs of LEP persons have been addressed Determination of the current LEP population in the service area Determination as to whether the need for translation services has changed Determine whether local language assistance programs have been effective and sufficient to meet the need Determine whether WFTS s financial resources are sufficient to fund language assistance Determine whether WFTS has fully complied with the goals of this LEP Plan Determine whether complaints have been received concerning WFTS s failure to meet the needs of LEP individuals Dissemination of the WFTS LEP Plan Any person or agency with internet access will be able to access and download the plan from the WFTS website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person and shall be provided a copy of the plan at no cost. Questions or comments regarding the LEP Plan may be submitted to the WFTS Administrator. PAGE 43 OF 43 PAGES AGENDA ITEM NO. 6.A

50 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution authorizing the City Manager to execute an Interlocal Agreement with Brazos County, Texas for the purchase of certain supplies, equipment and services. INITIATING DEPT: Finance/Purchasing COMMENTARY: The City participates in interlocal agreements with several public entities and Cooperative Purchasing Programs. These agreements and programs reduce the administrative tasks and timelines for purchasing supplies, equipment and services by allowing entities to use the competitive processes conducted elsewhere to meet Texas purchasing laws. Representatives of Brazos County, Texas have requested an interlocal agreement with the City of Wichita Falls since we recently went through a competitive bidding process to purchase software, equipment and related professional services for our Health Department and Brazos County is interested in purchasing the same system without going through an extensive competitive process. This resolution will allow that process to take place, and give both entities the ability to access the other parties bids for supplies, equipment and services for future purchases, if it is in the best interest of both parties. The goal of this agreement is to obtain substantial savings and reduced time for the City of Wichita Falls and Brazos County, Texas. This resolution will provide the City with another source for cooperative purchasing. Each product and service has been competitively bid and awarded based on Texas statutes. Staff recommends approval of this resolution. Assistant City Manager/CFO Purchasing Agent ASSOCIATED INFORMATION: Interlocal Agreement Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 6 PAGES AGENDA ITEM NO. 6.B

51 Resolution No. Resolution authorizing the City Manager to execute an interlocal agreement with Brazos County, Texas for the purchase of certain supplies, equipment and services WHEREAS, pursuant to the authority granted by Texas Government Code Chapter 791 et seq. of the Interlocal Cooperation Act, local government entities may enter into interlocal agreements for the purchase of supplies, equipment and services; and, WHEREAS, the City of Wichita Falls and Brazos County, Texas desire to enter such an agreement, the goal being to obtain cost savings and reduce time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Authorization is granted for the City Manager to execute an interlocal agreement with Brazos County, Texas for the purchase of certain supplies, equipment and services. PASSED AND APPROVED this the 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 6 PAGES AGENDA ITEM NO. 6.B

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61 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Ordinance amending Ordinance No declaring certain structures as dangerous by allowing the property owner additional time to rehabilitate 409 A Jalonick Street INITIATING DEPT: Community Development/Building and Code Administration COMMENTARY: On February 3, 2015, City Council ordered the structure located at 409 A Jalonick Street also known as Lot 5, Block 2, Kemp owned by Ms. Josie M. Rose to be demolished. Ms. Rose was unable to be at the February 3 City Council meeting and is now asking for time to be allowed to rehabilitate the structure. Ms. Rose is a licensed contractor and has stated that she wants to use this property for storage. Should Council decide to allow time for the rehabilitation of the structure, it is recommended that a Restoration Permit be authorized for 409 A Jalonick Street and for the property to remain on the demolition list until all repairs are completed. Photos of the property are under Exhibit A. Staff is recommending Ms. Rose be granted an extension of 30 days to obtain a restoration permit and an additional 90 days thereafter (total of 120 days from the date of approval) to complete the rehabilitation of the structure. Assistant City Manager ASSOCIATED INFORMATION: Exhibit A, Ordinance Budget Office Review: City Attorney Review: City Manager Approval: PAGE 1 OF 4 PAGES AGENDA ITEM NO. 8.A

62 Ordinance No. Ordinance amending Ordinance No declaring certain structures as dangerous by allowing the property owner additional time to rehabilitate 409 A Jalonick Street WHEREAS, the property located at Lot 5, Block 2 Kemp (aka 409 A Jalonick Street), owned by Ms. Josie Rose, was included in a list of properties declared hazardous at the City Council Meeting on February 3, 2015; and, WHEREAS, Ms. Rose has requested additional time to complete the restoration of the structure; and, WHEREAS, the City Council desires to grant additional time to Ms. Rose to rehabilitate the structure in the form of a restoration permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Additional time in the amount of 30 days is granted to the property owner of 409 A Jalonick Street to obtain a restoration permit. Thereafter, complete restoration shall be accomplished within 120 days from the date of passage of this ordinance. Failure to comply with either of these requirements within the stated time frames will result in the demolition of the structure, without further notification. Upon rehabilitation of the structure, the demolition order shall become void. 2. Due to the fact that the subject matter of this ordinance affects the public health, safety, and welfare of the citizens of the City of Wichita Falls, this ordinance is declared to be an emergency measure, and shall become effective immediately upon its passage. PASSED AND APPROVED this the 3 rd day of March, 2015 ATTEST: M A Y O R City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 8.A

63 EXHIBIT A 1/15/15 1/13/15 PAGE 3 OF 4 PAGES AGENDA ITEM NO. 8.A

64 1/15/15 1/15/15 PAGE 4 OF 4 PAGES AGENDA ITEM NO. 8.A

65 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Ordinance amending Ordinance # , which authorizes a General and a Special Election to be held on May 9, 2015, by adding temporary early voting locations and establishing regular business hours of the City Clerk's Office on the final two days of Early Voting by Personal Appearance INITIATING DEPT: City Clerk COMMENTARY: Following discussion at a meeting between school district officials, county officials, and city officials, we will be able to use the electronic poll books that belong to the county. The school district is willing to pay the additional cost to have the equipment manufacturer (Hart Intercivic) program the epoll books so they work for this election, and the county has agreed. This makes it possible for us to add additional early voting locations. Therefore, this ordinance adds early voting locations at Home Depot and Sikes Senter Mall, as well as at City View High School if CVISD has a contested election. The hours for early voting at each voting location are spelled out in the ordinance, as are the hours for the City Clerk s office on the last two days of early voting. City Clerk ASSOCIATED INFORMATION: Ordinance Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 7 PAGES AGENDA ITEM NO. 8.B

66 Ordinance No. Ordinance amending Ordinance # , which authorizes a General and a Special Election to be held on May 9, 2015, by adding temporary early voting locations and establishing regular business hours of the City Clerk's Office on the final two days of Early Voting by Personal Appearance WHEREAS, on February 17, 2015, the City Council adopted Ordinance , which ordered general and special elections to be held on May 9, 2015; and, WHEREAS, in the order of election there were no branch polling locations established; and, WHEREAS, the City Council desires to add additional voting locations for early voting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Paragraph 6 of Ordinance # is hereby amended to read as follows: 6. The City Clerk is designated as the Early Voting Clerk. Early voting shall be conducted at the Municipal Building, 1300 Seventh Street, Wichita Falls. Optical scan ballots shall be used for early voting by mail and the Hart eslate Voting System Direct Recording Electronic {DRE} voting machines are expected to be used for early voting by personal appearance. Early voting by personal appearance for the election shall commence at 8:00 a.m. on April 27, 2015, and end at 7:00 p.m. on May 5, Early voting by personal appearance shall be conducted each weekday during the hours from 7:00 a.m. until 7:00 p.m. On the final two days of early voting by personal appearance, the City Clerk's regular business hours are hereby designated as 7:00 a.m. until 7:00 p.m. 6. The City Clerk is designated as the Early Voting Clerk. Early voting shall be conducted at the Municipal Building, 1300 Seventh Street, Wichita Falls, and at the following temporary branch locations: Sikes Senter Mall, 3111 Midwestern Parkway, Wichita Falls, Home Depot, 3705 Kell Boulevard, Wichita Falls, and City View High School, 1600 City View Lane. Early voting temporary branch location at 1600 City View Lane will be closed if City View Independent School District Election is cancelled in accordance with Texas law. Optical scan ballots shall be used for early voting by mail and the Hart eslate Direct Recording Electronic {DRE} voting machines are expected to be used for early voting by personal appearance. Early voting by personal appearance for the election PAGE 2 OF 7 PAGES AGENDA ITEM NO. 8.B

67 shall commence at 8:00 a.m. on April 27, 2015, and end at 9:00 p.m. on May 5, Early voting by personal appearance shall be conducted during the regular business hours of the City Clerk's Office each weekday from 8:00 a.m. until 5:00 p.m., except for the final two days, May 4 and 5, 2015, of the early voting period. Early voting at the Sikes Senter Mall and at Home Depot shall commence at 10:00 a.m. until 7:00 p.m., except for the final two days, May 4 and 5, On May 4, and May 5, 2015, early voting hours shall begin at 9:00 a.m. and end at 9:00 p.m. at all early voting locations except City View High School. Early voting hours at the City View High School location shall be on Monday and Tuesday, April 27 and 28, between the hours of 3 p.m. and 6 p.m. and on May 4 and 5 between the hours of 4 p.m. and 7 p.m. On the final two days of early voting by personal appearance, the City Clerk's regular business hours are hereby designated as 9:00 a.m. until 9:00 p.m. PASSED AND APPROVED this the day of March, ATTEST: M A Y O R City Clerk PAGE 3 OF 7 PAGES AGENDA ITEM NO. 8.B

68 AMENDED NOTICE OF GENERAL AND SPECIAL ELECTION (AVISO REFUNDIDO DE LA ELECCION GENERAL Y ESPECIAL) To the Registered Voters of the City of Wichita Falls, Texas: Notice is hereby given that all the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on May 9, 2015 for voting in a Joint General Election to elect a Councilor At Large, Councilor District 1, and Councilor District 2 and a Special Election for the following proposition: Shall the City be authorized to sell, at fair market value, surplus park property in Wood Memorial Park, said property being described as containing acre of land, more or less, out of the O.H.P. Davis Survey, A-65 and being out of a certain 6.00 acre tract of land conveyed to the City of Wichita Falls, Texas as recorded in Volume 1262, Page 540, Wichita County deeds records. Early voting by personal appearance will be conducted each weekday at Municipal Auditorium th Street, between the hours of 8:00 a.m. and 5:00 p.m. beginning on April 27, 2015 and ending on May 1, 2015 and between the hours of 9:00 a.m. and 9:00 p.m. on May 4, 2015 and May 5, Early voting shall also be held at Home Depot, 3705 Kell Boulevard, and Sikes Senter Mall, 3111 Midwestern Parkway, between the hours of 10:00 a.m. and 7:00 p.m. on weekdays beginning April 27, 2015 and ending on May 1, 2015 and between the hours of 9:00 a.m. and 9:00 p.m. on May 4, 2015 and May 5, An additional early voting location shall be at City View High School, 1600 City View Drive, on April 27, 2015 and April 28, 2015 between the hours of 3:00 p.m. and 6:00 p.m. and on May 4, 2015 and May 5, 2015 between the hours of 4:00 p.m. and 7:00 p.m. Early voting temporary branch location at 1600 City View Lane will be closed if City View Independent School District Election is cancelled in accordance with Texas law. Applications for ballot by mail shall be mailed to: Tracy B. Norr Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas Applications for ballot by mail must be received no later than the close of business on April 30, 2015 (A los votantes registrados de la Ciudad de Wichita Falls, Texas:) (Notifiquese, por la presente, que las casillas electorales sitadas abajo se abriran de las 7:00 a.m. hasta las 7:00 p.m. el 9 de Mayo de 2015 para votar en la Eleccion General para elegir un Consejal General, Consejal Distrito 1, y Consejal Distrito 2. Una elección especial también se ordena para el 09 de mayo de 2015 para una propuesta para votar a favor o en contra de la siguiente proposicion: Debera la Ciudad vender a valor equitativo de venta, propiedad excedente del parque localizada en Wood Memorial Park, cierta propiedad trazada como 0.880, mas o menos, acres de terreno unicada en O.H.P Davis Survey, A-65 y de un cierto 6,00 acres de tierra transportada a la ciudad de Wichita Falls, Texas como se registra en volumen 1262, página 540, registros de acciones del Condado de Wichita. (La votacion adelantada en persona se llevara a cabo de lunes a viernes en el Edificio Municipal, 1300 Calle 7th Street, entre las horas de 8:00 am y 5:00 pm a partir del 27 de abril, 2015 y finaliza el 1 de mayo de 2015 y en el horario de 9: 12 a.m. y las 9:00 horas del 4 de mayo de 2015 y 5 de mayo de la votación anticipada también se llevará a cabo en el Home Depot, 3705 Kell boulevard, y Sikes Senter Mall, 3111 Midwestern Parkway, entre las 10:00 am y 19:00 de lunes a viernes a partir 27 de abril 2015 y terminando el 1 de mayo de 2015 y entre las 9:00 am y las 9:00 horas del 4 de mayo de 2015 y 05 de mayo Un lugar de votación anticipada adicional será en City View High School, 1600 City View Drive, el 27 de abril 2015 y 28 de abril 2015 en el horario de las 3:00 pm y las 6:00 pm y el 4 de mayo de 2015 y 05 de mayo de 2015 entre las 4:00 pm y 7:00 pm la votación anticipada sucursal temporal en 1600 City View Lane estará cerrada si Electoral del Distrito Escolar Independiente de vistas a la ciudad se cancela de acuerdo con la ley de Texas. (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a: Tracy B. Norr Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas 76307) (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el 30 de Abril 2015.) POLLING PLACES & PRECINCTS (CASILLAS ELECTORALES Y PRECINCTOS) VOTING POLLING COUNCILOR PRECINCT. PLACE ADDRESS DISTRICT 401, 404, 405, 409 Sam Houston School 2500 Grant Street 305, 316, 407, 408 Crockett School 3015 Avenue I 102, 110, 402 Ben Franklin School 2112 Speedway 303, 304, 311 Washington-Jackson 1300 Harding 306, 312, 313 Kate Burgess 3109 Maurine 301, 302, 308 Carrigan Career Center 1609 Blonde Street 406, 410 Jefferson School 4628 Mistletoe Dr PAGE 4 OF 7 PAGES AGENDA ITEM NO. 8.B

69 403, 411 Cunningham School 4107 Phillips 104, 105, 111, 112 M.S.U. Harding Admin. Bldg Taft 103 Fowler School 5100 Ridgecrest 108, 113 TxDOT W.F. Training Ctr Southwest Pkwy 109, 318, 319 Southern Hills 3902 Armory Rd 201, 203 Kate Haynes School 1705 Katherine 207, 314, 315 Hirschi High School 3106 Borton 202, 208, 307 City View High School 1600 City View Drive 5 Issued this the day of March, (Emitada este dia de Marzo 2015.) Mayor (Alcalde) PAGE 5 OF 7 PAGES AGENDA ITEM NO. 8.B

70 AMENDED ORDER OF ELECTION FOR CITY OF WICHITA FALLS (ORDEN MODIFICADA DE ELECCION PARA LA CIUDAD DE WICHITA FALLS) A General Election is hereby ordered to be held on May 9, 2015 for the purpose of electing a Councilor At Large, Councilor District 1, and Councilor District 2. A Special Election is also hereby ordered for May 9, 2015 for the following proposition: Shall the City be authorized to sell, at fair market value, surplus park property in Wood Memorial Park, said property being described as containing acre of land, more or less, out of the O.H.P. Davis Survey, A-65 and being out of a certain 6.00 acre tract of land conveyed to the City of Wichita Falls, Texas as recorded in Volume 1262, Page 540, Wichita County deeds records. Early voting by personal appearance will be conducted each weekday at Municipal Auditorium, th Street, Wichita Falls, at Home Depot, 3705 Kell Boulevard, at Sikes Senter Mall, 3111 Midwestern Parkway, and at City View High School, 1600 City View Drive, with hours as noted below. (Por la presente se ordena que se llevara a cabo una Eleccion General el 9 de Mayo 2015 con el proposito de elijir un Consejal General, Consejal Distrito 1, y Consejal Distrito 2. Una elección especial también se ordena para el 09 de mayo de 2015 para votar a favor o en contra de la siguiente proposicion: Debera la Ciudad vender a valor equitativo de venta, propiedad excedente del parque localizada en Wood Memorial Park, cierta propiedad trazada como 0.880, mas o menos, acres de terreno unicada en O.H.P Davis Survey, A-65 y de un cierto 6,00 acres de tierra transportada a la ciudad de Wichita Falls, Texas como se registra en volumen 1262, página 540, registros de acciones del Condado de Wichita. La votacion adelantada en persona se llevara acabo de lunes a viernes en el Edificio Municipal, 1300 Calle 7, Wichita Falls, en el Home Depot, 3705 Kell Boulevard, en Sikes Senter Mall, 3111 Midwestern Parkway, y en el City View High School, con horario differente, anotado en seguida.) At Municipal Auditorium/(En El Edificio Municipal): Between the hours of 8:00 a.m. and 5:00 p.m. on April 27, 2015 through May 1, (Entre las 8:00 a.m. y las_5:00 p.m. el 27 de Abril 2015 hasta el 1 de Mayo Between the hours of 9:00 a.m. and 9:00 p.m. on May 4,2015 through May 5, (Entre las 9:00 am y las 9:00 pm del mayo 4,2015 través de 05 de mayo 2015.) At Sike Senter Mall and at Home Depot (En Sikes Senter Mall y en el Home Depot): Between the hours of 10:00 a.m. and 7:00 p.m. on April 27, 2015 through May 1, (Entre las 10:00 a.m. y las_7:00 p.m. el 27 de Abril 2015 hasta el 1 de Mayo 2015.) Between the hours of 9:00 a.m. and 9:00 p.m. on May 4,2015 through May 5, (Entre las 9:00 am y las 9:00 pm del mayo 4,2015 través de 05 de mayo 2015.) At City View High School (En el City View High School): Between the hours of 3:00 p.m. and 6:00 p.m. on April 27, 2015 through April 28, (Entre las 3:00 p.m. y las_6:00 p.m. el 27 de Abril 2015 hasta el 28 de Abril 2015.) Between the hours of 4:00 p.m. and 7:00 p.m. on May 4,2015 through May 5, (Entre las 4:00 p.m. y las 7:00 p.m. del mayo 4, 2015 través de 05 de mayo 2015.) PAGE 6 OF 7 PAGES AGENDA ITEM NO. 8.B

71 Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Tracy Norr Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas Applications for ballot by mail must be received no later than the close of business on April 30, (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el 30 de Abril ) Issued this the day of March, (Emitada el de Marzo 2015) Mayor (Alcalde) PAGE 7 OF 7 PAGES AGENDA ITEM NO. 8.B

72 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution adopting the Davis-Bacon Prevailing Wage Rates for job classifications utilized on all Public Works construction contracts for the City of Wichita Falls INITIATING DEPT: Public Works / Legal COMMENTARY: Texas Government Code Chapter requires the City to determine and adopt a local prevailing wage rate for public works projects. In 1995, the City conducted a survey to determine this wage rate and has utilized that rate schedule since that time. This wage rate schedule has become outdated and in some cases the wages do not comply with minimum wage rate set by the federal government. The City has two options to meet compliance with the Government Code. One would be to perform a survey of wages paid for construction trades in the local area. The second would be to adopt the federal Davis-Bacon Wage Rate schedule. Staff learned that adoption of the Davis-Bacon wage rate is commonplace among cities in Texas. Some examples would be the cities of Brownsville, Arlington, Lubbock, Corpus Christi, and Beaumont. Other cities, such as El Paso, Amarillo, and Abilene have their own wage rates; however, they are equal or higher than the Davis Bacon wage rate. Staff also spoke with several local utility contractors in the area, and they indicated that their wages are higher than the Davis Bacon wage rate. Therefore, we do not expect this wage rate to impact construction costs for the City. It is also important to note, the City is required to follow the Davis-Bacon wage rate schedule for federally funded projects, such as the CDBG water main replacement, and state funded projects, such as the TWDB SFR funding for the IPR. By adopting Davis-Bacon wage rate schedule, the City eliminates the need to conduct a new wage survey and avoids having to update and adopt a new wage rate ordinance periodically. Therefore, staff recommends adoption the Davis-Bacon Act wage rate schedule to replace the existing wage rate schedule. Public Works Director ASSOCIATED INFORMATION: Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 9.A

73 Resolution No. Resolution adopting the Davis-Bacon Prevailing Wage Rates for job classifications utilized on all Public Works construction contracts for the City of Wichita Falls WHEREAS, Texas Government Code Chapter requires the City to determine the local prevailing wage rates for public works contracts the City awards; and, WHEREAS, the City must conduct a survey or use the prevailing wages under the Davis-Bacon Act; and, WHEREAS, the City finds that it is in the public interest to adopt the prevailing wage rates under the Davis-Bacon Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. In accordance with Texas Government Code Chapter 2258, the City Council hereby adopts the prevailing wage rates as determined by the United States Department of Labor in accordance with the Davis-Bacon Act, and subsequent amendments, as the general prevailing rates of per diem wages for job classifications utilized on the construction of a Wichita Falls public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds. The hourly rates for overtime work and legal holidays shall be one and one-half times the basic Davis-Bacon hourly wage rate. 2. This resolution supersedes Resolution dated September 5, 1995, which previously established prevailing wage rates for municipal construction activities in the City of Wichita Falls. PASSED AND APPROVED this the 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 9.A

74 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution approving filing of application for Amendment of Certificate of Adjudication No INITIATING DEPT: Public Works / Legal COMMENTARY: During discussions of the Council planning workshop on February , numerous topics were discussed, among which was the lingering drought and development of future water supplies. The City s consultants, who developed the Long Range Water Supply plan, identified a project which would utilize an existing water right in the Wichita River. The current right is jointly owned by the City and the Wichita County Water Improvement District #2 (WCWID#2) and is specifically for irrigation uses only. In order to utilize this right for municipal and industrial purposes, an amendment would be required. Staff was directed to begin the process to amend this right, which would allow the City to utilize this water in the case of an emergency. Staff has discussed the amendment with the WCWID#2 and they have indicated they are not opposed to this amendment. They are prepared to adopt a similar resolution at their next board meeting. Staff would recommend approval of the resolution to complete the application for this water right amendment. Public Works Director ASSOCIATED INFORMATION: Resolution Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 9.B

75 Resolution No. Resolution approving filing of application for Amendment of Certificate of Adjudication No WHEREAS, the City of Wichita Falls, Texas (the City ) holds rights to divert and use state water pursuant to Certificate of Adjudication No (the Certificate ); and, WHEREAS, the City desires to amend the Certificate to add municipal and industrial purposes of use to the 16,660 acre-feet per year of water currently authorized for irrigation purposes on the Wichita River as described in the Certificate; and, WHEREAS, the City also seeks to amend the Certificate to add a diversion reach on the Wichita River downstream of the current Wichita River diversion point described in the Certificate; and, WHEREAS, the Texas Water Code and the Rules of the Texas Commission on Environmental Quality (the Commission ) require proof of authorization to execute and prosecute applications for amendments to the Certificate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS THAT: 1. The Director of Public Works is hereby authorized on behalf of the City Council to execute such applications as are necessary to be filed with the Commission to amend the Certificate. 2. The Director of Public Works is hereby authorized and directed on behalf of the City Council to file said application and to appear and arrange for the appearances of persons representing the City at the hearings and other proceedings on the applications before the Commission, and otherwise direct prosecution of the applications on behalf of the City Council. PASSED AND APPROVED this the 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 9.B

76 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution awarding bid and contract for the 2015 Wayfinding Water Tank Logo Project to Williams Painting and Sandblasting, Inc. in the amount of $76, INITIATING DEPT: Public Works / Engineering COMMENTARY: On February 17, 2015, bids were opened for the 2015 Wayfinding Water Tank Logo Project. This project will replace the existing City logos on the exterior of various water tanks throughout the City with the new logo. All the water storage facilities which currently have a City Logo are included in the project. The bids received for this project are as follows: COMPANY AMOUNT Williams Painting and Sandblasting, Inc. Flint, TX $ 76, A&M Construction and Utilities, Inc. Rowlett, TX $ 88, Construction of this project should require approximately 75 consecutive days to complete. The project is part of the Phase I of the Way Finding project being funded through Pride in the Falls and the Wichita Falls Economic Development Corporation. Staff recommends award of the contract to Williams Painting and Sandblasting, Inc. in the amount of $76,330.00, based on unit price quantities. Director, Public Works ASSOCIATED INFORMATION: Resolution, Replication Drawing, Location Map, Bid Tab Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 5 PAGES AGENDA ITEM NO. 9.C

77 Resolution No. Resolution awarding bid and contract for the 2015 Wayfinding Water Tank Logo Project to Williams Painting and Sandblasting, Inc. in the amount of $76, WHEREAS, the City of Wichita Falls has advertised for bids for the 2015 Wayfinding Water Tank Logo Project; and, WHEREAS, it is found that the lowest responsible bidder is Williams Painting and Sandblasting, Inc., which made a unit price bid with an estimated total of $76, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price bid for the 2015 Wayfinding Water Tank Logo Project is awarded to Williams Painting and Sandblasting, Inc., in an estimated total amount of $76,330.00, 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 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 5 PAGES AGENDA ITEM NO. 9.C

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81 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution awarding bid and contract for the 2015 Concrete Street Rehabilitation Project to Freeman Paving LLC in the amount of $817, INITIATING DEPT: Public Works / Engineering COMMENTARY: On February 17, 2015, bids were opened for the 2015 Concrete Street Rehabilitation Project. This project is generally described as the concrete repair of selected City streets, and associated work. The concrete replacement is funded as part of the annual street rehabilitation budget. The bids received for this project are as follows: COMPANY AMOUNT Freeman Paving LLC Vernon, TX $ 817, Barnett Paving & Sealing LLC Wichita Falls, TX $ 824, Duke Construction Company Wichita Falls, TX $ 927, Mega Contractors, Inc. Fort Worth, TX $ 971, Mitchell Enterprises Sherman, TX $1,114, Construction of this project should require approximately 150 consecutive days to complete. Freeman Paving LLC has successfully completed multiple concrete projects for the City of Wichita Falls. Therefore, staff recommends award of the contract to Freeman Paving LLC in the amount of $817,960.00, based on unit price quantities. Director, Public Works ASSOCIATED INFORMATION: Resolution, Location Map, Bid Tab Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 5 PAGES AGENDA ITEM NO. 9.D

82 Resolution No. Resolution awarding bid and contract for the 2015 Concrete Street Rehabilitation Project to Freeman Paving LLC in the amount of $817, WHEREAS, the City of Wichita Falls has advertised for bids for the 2015 Concrete Street Rehabilitation Project; and, WHEREAS, it is found that the lowest responsible bidder is Freeman Paving LLC, who made a unit price bid with an estimated total of $817, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price bid for the 2015 Concrete Street Rehabilitation Project is awarded to Freeman Paving LLC, in an estimated total amount of $817,960.00, 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 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 5 PAGES AGENDA ITEM NO. 9.D

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86 CITY COUNCIL AGENDA March 3, 2015 ITEM/SUBJECT: Resolution to approve Change Order No. 2 for the completion of the 2014 Street Rehabilitation Project INITIATING DEPT: Public Works / Engineering COMMENTARY: On March 3, 2014, bids were opened for the 2014 Street Rehabilitation Project. This project was the rehabilitation of selected City streets to include milling, Type D HMAC, base repair, and associated work. Council awarded the contract to Bounds Excavation, Inc. on March 11, 2014 in the amount of $3,302, Change Order No. 2 is to balance and finalize plan quantities to actual quantities placed in the field. The total amount of work completed and placed in the field was $2,621, Change Order No. 2 is a deduction of $671, The large reduction in quantities is due to the expiration of allowed contract construction time and the elapse of asphalt season before work was completed. Some of the streets that were removed from this project have been added to the 2015 Asphalt Street Rehabilitation Project. Staff recommends the approval of Change Order No. 2 to the 2014 Street Rehabilitation Project for a deduction of $671, The contract will have a final price of $2,621,057.25, based on unit price quantities. Director, Public Works ASSOCIATED INFORMATION: Resolution, Change Order No. 2 Budget Office Review City Attorney Review City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 9.E

87 Resolution No. Resolution to approve Change Order No. 2 for the completion of the 2014 Street Rehabilitation Project WHEREAS, Bobby Bounds Excavation, Inc. has completed the 2014 Street Rehabilitation Project; and, WHEREAS, the in field placed quantities have been measured and result in a deduct of $671, from the contract amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order #2 for the 2014 Street Rehabilitation Project in the amount of a deduction of $671, is hereby approved, and the City Manager is authorized to execute Change Order No. 2 for the City for the final acceptance of the project for a final cost of $2,621, PASSED AND APPROVED this the 3 rd day of March, ATTEST: M A Y O R City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 9.E

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