Oklahoma City Water Utilities Trust

AGENDA January 18, 2022 2:00 PM Trustees: James D. Couch, Chairman, Independent Trustee Sharon Voorhees, Independent Trustee Todd Stone, Council Trustee David Holt, Mayor Trustee Mark K. Stonecipher, Vice Chairman, Surrogate Trustee Craig Freeman, City Manager Trustee Laura A. Johnson, Surrogate Trustee Chris Browning, General Manager Amy K. Simpson, Secretary City Council Chambers, Third Floor, 200 North Walker Avenue Oklahoma City, Oklahoma The Meeting is scheduled to be telecast live on City Channel 20 (Cox Cable). Oklahoma City Water Utilities Trust Page 1 of 4 January 18, 2022  OKLAHOMA CITY WATER UTILITIES TRUST MEETING INFORMATION The Oklahoma City Water Utilities Trust usually meets twice per month on Tuesdays at 2:00 p.m. in Council Chambers at City Hall, unless different or prior notice of a change is posted. Call 297-2422 to confirm meeting dates. It is the policy of the Trust to ensure that communications with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires an accommodation, a modification of policies or procedures, or an auxiliary aid or service in order to participate in this meeting should call (405) 297-2422 or TDD (405) 297-2020 at least 48 hours in advance (not including weekends or holidays). The staff will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If you need an alternative format of the agenda, or any information provided at this meeting, please call (405) 297-2422 at least 48 hours before the meeting. Safety Guidelines The following safety guidelines are in place during the COVID-19 pandemic for meetings in the Council Chamber at City Hall: face coverings are strongly recommended throughout the building (disposable face masks will be available); only the south entrance to City Hall will be open; air purifying machines will be in the Chamber; hand sanitizer machines will be available; and the Chamber will be cleaned and sanitized daily. Addressing the Trust Citizens may address the Trust on certain items by signing up to speak and providing the agenda item number, their reason for appearing and their address, but all comments must be relevant to the item. If you wish to address the Trust, you may call 297-2422 or you may sign up to speak at the meeting. The Chairman or presiding officer may in his or her discretion prohibit a person from addressing the Trust, or have any person removed from the Council Chamber, if that person commits any disorderly or disruptive behavior, which includes without limitation any of the following: speaking without being recognized by the Chairman or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired; presenting comments or material not relevant to the item under discussion; failing to comply with the lawful instructions of the Chairman or presiding officer; engaging in other conduct, activity, or speech that delays, disturbs, interferes, or disrupts the effective or timely conduct of the meeting, or is otherwise violent, threatening, abusive, obscene, or jeopardizing the safety of self or others. A person may also be subject to arrest and removal from the Municipal Building for violation of Oklahoma City Municipal Code 2020, § 30-81 – Disorderly conduct and/or violation of Okla. Stat. tit. 21, §280- Willfully Disturbing, Interfering With or Disrupting State Business, Agency Operations or Employees. Citizens will be limited to three minutes to speak to the Trust. Trust Actions The Trust may take any of several actions including but not limited to adopt, approve, ratify, deny, defer, recommend, amend, strike, or continue any item. The Trust is not limited by staff recommendations as to the actions it may take. If more information is needed, the Trust may refer matters to the General Manager or to Legal Counsel, or submit them to committees, boards, commissions, or independent consultants for additional study. The Trust may authorize the General Manager or Legal Counsel to take certain actions. Items may be stricken from the agenda, or no action may be taken. Consent Docket Consent Docket items are usually approved as a group with the proper motion from a Trustee. Consent Docket items usually involve routine actions or standard contracts. Trustees, staff, or citizens may request discussion or separate consideration of any Consent Docket item. A separate vote may be taken upon the motion of a Trustee. Call (405) 297-2422 for more information about the Oklahoma City Water Utilities Trust. Oklahoma City Water Utilities Trust Page 2 of 4 January 18, 2022  AGENDA OKLAHOMA CITY WATER UTILITIES TRUST January 18, 2022 I. Call to Order II. Approval of Minutes Approve the minutes of the January 4, 2022, meeting. III. Consent Docket A. Plans and Specifications to be advertised for bids, Project WT-0248, lighting upgrade, Draper Water Treatment Plant. B. Contract for Engineering Services with Ardurra Group, Inc., Project ST-0167, disinfection and dechlorination system improvements, North Canadian Wastewater Treatment Plant, fee of $610,000. C. Amendment No. 3 to the Professional Services Agreement with The City of Oklahoma City and C.H. Guernsey and Company (C149054), consultant services for Tinker Air Force Base Municipalization, increase of $442,441, January 21,2020, through January 20, 2026. D. Resolution authorizing the sole source purchase of grease removal products for wastewater pipelines and additional repair/replacement parts from Duke’s Root Control, Inc. (SS22-C219021), January 19, 2022, through January 18, 2023, estimated cost $60,000. E. Resolution waiving formal competitive bidding; ratifying, adopting, and affirming the bidding and procurement processes of The City of Oklahoma City for Project PM-0288, Street Repair Unit Price Contract; and authorizing Project WM-0384, Lake Hefner Dam Road crack repair from this Oklahoma City contract, estimated cost of $321,850. F. 1. Recommend The City of Oklahoma City accept a permanent easement, Project WC-0974, waterline replacements, Villa Avenue to Virginia Avenue from NW 33rd Street to NW 28th Street and Classen Boulevard to Western Avenue fromNW 51st Street to NW 46th Street; and 2. Authorize payment of claim, $9,500. G. Ratification of payments from December 15, 2021, through January 11, 2022. IV. Concurrence Docket A. Concurrence with The City of Oklahoma City in approving Amendment No. 3 and Change Order No. 6, revising the construction contract with Brewer Construction Oklahoma, LLC, Projects DC-0308, storm sewer improvements, and WC-0977, waterline relocation, SW 25th Street and Walker Avenue to the Oklahoma River, increase of $21,732.51. (No OCWUT Funds.) Oklahoma City Water Utilities Trust Page 3 of 4 January 18, 2022  B. Concurrence with The City of Oklahoma City in approving Change Order No. 8 revising the construction contract with T.J. Campbell Construction Co., Projects PC-0477 and WC-0959, roadway reconstruction and improvements, MacArthur Boulevard from NW 150th Street to NW 164th Street, decrease of $43,339.30. (No OCWUT funds.) V. Emergency Construction Contracts by Resolution (Four affirmative votes required for approval.) VI. Items for Individual Consideration A. Enter into executive session to discuss the case of Deer Creek Water Corporation v. The City of Oklahoma City and the Oklahoma City Water Utilities Trust, U.S. District Court for the Western District of Oklahoma, Case CIV-19-1116-SLP and the Tenth Circuit Appeal No. 21-6155 and Cross Appeal No. 21-6164, to conduct confidential communications with attorneys concerning the above pending litigation, claims, and actions, as authorized by 25 O.S. (2021) §307(B)(4), upon the advice of its attorneys, because disclosure will seriously impair the ability of the public body to proceed in the public interest. B. Enter into executive session to discuss the case of ASI Construction LLC v. The City of Oklahoma City, the Oklahoma City Water Utilities Trust, and Freese and Nichols, Inc., in United States District Court for the Western District of Oklahoma, Case No. CIV-21-1138-JD, to conduct confidential communications with attorneys concerning the above pending litigation, claims, and actions, as authorized by 25 O.S. (2021) §307(B)(4), upon the advice of its attorneys, because disclosure will seriously impair the ability of the public body to proceed in the public interest. C. 1. Approve Letter of Engagement with Phillips Murrah P.C.; and/or 2. Enter into executive session to discuss the case of Meridian Contracting, Inc. v. McGee Creek Authority, Oklahoma City Water Utilities Trust, and The City of Oklahoma City, in Oklahoma County District Court Case No. CJ-21-2021-5351, to conduct confidential communications with attorneys concerning the above pending litigation, claims, and actions, as authorized by 25 O.S. (2021) §307(B)(4), upon the advice of its attorneys, because disclosure will seriously impair the ability of the public body to proceed in the public interest. VII. Items from Trustees VIII. General Manager Reports A. Status Report of the Utilities Department for December 2021. B. Fiscal Year 2022 OCWUT Monthly Proforma and Status Report, December 31, 2021. IX. Citizens to be Heard X. Adjournment Oklahoma City Water Utilities Trust Page 4 of 4 January 18, 2022