Oklahoma City Water Utilities Trust

AGENDA September 13, 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 Residents can watch the meeting live by going to http://youtube.com/cityofokc/live. Meetings can also be watched live on Cox Cable Channel 20. Meetings are replayed on Cox Cable Channel 20 the same evening. If there are technical difficulties with the live stream during the meeting, a video will be posted as soon as possible after the meeting. Oklahoma City Water Utilities Trust Page 1 of 6 September 13, 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 6 September 13, 2022  AGENDA OKLAHOMA CITY WATER UTILITIES TRUST September 13, 2022 I. Call to Order II. Approval of Minutes Approve the minutes of the August 16, 2022, meeting. III. Consent Docket A. Plans and Specifications to be advertised for bids, Project ST-0177, sludge holding tank improvements, Deer Creek Wastewater Treatment Plant. B. Plans and Specifications to be advertised for bids, Project WC-0950, waterline replacement, four locations. C. Contract for Engineering Services with Crafton Tull and Associates, Inc., Project SC-1078, sanitary sewer rehabilitation, Lightning Creek from SE 15th Street to SE 17th Street, fee of $99,400. D. Ratifying and approving Addenda Nos. 1 and 2; awarding a contract to Wynn Construction Co., Inc., Project ST-0169, headworks bar screen replacement, Witcher Lift Station, $1,873,500; and approving the contract and bonds. E. Approve a LabWare Mobile Device Registration Agreement with LabWare, Inc., (C229019) to provide a new laboratory information management system. F. Ratify and approve Addenda Nos. 1 through 5 and approve a Professional Services Agreement with Jacobs Engineering Group, Inc. (C239004), Risk and Resilience Assessment, Emergency Response Plan, and Business Continuity Plan, estimated cost $2,332,159. G. Amendment No. 7 to the Joint Contract for Engineering Services with The City of Oklahoma City and Tetra Tech, Inc., Projects PC-0432, street widening and improvements, and WC-0743, new 30-inch waterline, West Reno Avenue from South Czech Hall Road to South Cemetery Road, fee increase of $24,411. (No OCWUT funds.) H. Amendment No. 9 to the Contract for Engineering Services with Enercon Services, Inc., Projects WC-0650, parallel Atoka Pipeline Environmental Study, Lake Draper to Lake Atoka, along the existing alignment of the Atoka Pipeline, and WY-0014, Environmental and Cultural/Archaeological Assessments, Atoka Reservoir to McGee Creek Reservoir along the existing alignment of the McGee Creek Pipeline easement, fee increase of $263,708. I. Amendment No. 4 to the Contract for Engineering Services with C.H. Guernsey & Company, Project WC-0853, 48-inch water transmission main, Booster Station No. 9, 7626 West Reno Avenue to Booster Station No. 28, 501 North Council Road, fee increase of $50,055. Oklahoma City Water Utilities Trust Page 3 of 6 September 13, 2022  J. Amendment No. 1 to the Contract for Engineering Services with CP&Y, Inc., Project WC-0872, Atoka Pipeline raw water transmission line, Coalgate to Stonewall, fee increase of $187,290. K. Amendment No. 1 to the Contract for Engineering Services with AECOM Technical Services, Inc., Project WC-0962, second Atoka Pipeline construction program manager for Stanley Draper Reservoir to Atoka Reservoir, fee increase of $1,442,000. L. Amendment No. 1 and Assignment of the Contract for Engineering Services from Johnson and Associates, Inc. to Johnson and Associates, LLC, Projects WM- 0261 and SM-0156, water meter vault replacement program, fee increase of $27,250. M. Amendment No. 1 to the Contract for Engineering Services with Poe and Associates, Inc., Projects WM-0342, rehabilitation of South Lake Atoka Road and WM-0343, rehabilitation of North Lake Atoka Road, fee increase of $57,812. N. Amendment No. 1 to the Contract for Engineering Services with Arcadis, U.S. Inc., Project WY-0037, Utilities Facilities Risk Management Plan Review and Update for Hefner and Draper Water Treatment Plants, fee increase of $36,600. O. Amendment No. 1 and Change Order No. 1 revising the construction contract with Wynn Construction Company, Inc., Project WT-0249-1, emergency Draper filter improvements, Draper Water Treatment Plant, increase of $156,948.75. P. Amendment No. 4 and Change Order No. 3 revising the construction contract with Krapff-Reynolds Construction Co., Project SC-1029, sanitary sewer rehabilitation, six locations, decrease of $135,198; and accepting the project and placing the maintenance bond into effect. Q. Amendment No. 1 and Change Order No. 1 revising the construction contract with Jordan Contractors, Inc., Project SE-0044, emergency sanitary sewer repair, Grand Boulevard and SE 15th Street, increase of $8,805; and accepting the project and placing the maintenance bond into effect. R. Resolution authorizing an extension of lease with Williams Scotsman, Inc., (C239010) for a temporary office trailer for the term of two years and beyond if necessary or until a permanent operations and maintenance facility is constructed at Tinker Air Force Base; and authorizing the Chairman and Secretary to execute additional extensions as necessary, retroactive to June 24, 2022, through June 23, 2024, estimated annual cost $30,000. S. Resolution assigning the Pricing Agreement from Red River Environmental Laboratory and Consulting Company to Green Country Testing, Inc. (R20- 169043), water and wastewater laboratory analysis, retroactive to May 5, 2022, through December 31, 2023. T. Special Permit with The City of Oklahoma City and Crosstimbers Riders Association, Inc. (AC-22-0037-WE), to operate, manage, and maintain motorized off-road vehicle facilities on a portion of the West Elm Creek Reservation, retroactive to January 1, 2022, through December 31, 2026. U. Recommend The City of Oklahoma City accept the First Amendment to the permanent easement, Project SC-1100, sanitary sewer relocation, Interstate 40 and South Douglas Boulevard. V. Recommend The City of Oklahoma City accept a permanent easement, Project WC-0872, Atoka Pipeline raw water transmission line, Coalgate, Oklahoma to Stonewall, Oklahoma. Oklahoma City Water Utilities Trust Page 4 of 6 September 13, 2022  W. Ratification of payments from July 27, 2022, through September 7, 2022. IV. Concurrence Docket A. Concurrence with The City of Oklahoma City in approving Amendment No. 4 and Change Order No. 4, revising the construction contract with Allen Contracting, Inc., Projects BC-0219R, pedestrian bridge and WC-0997, waterline relocation, Northwest Expressway and West Wilshire Boulevard, increase of $113,215.45. (No OCWUT funds.) V. Emergency Construction Contracts by Resolution (Four affirmative votes required for approval.) A. Resolution ratifying the actions of the General Manager in declaring an emergency, waiving competitive bidding, and awarding a contract to Archer Western Construction, LLC, Project WE-0097, emergency 48-inch water main repair, Draper Water Treatment Plant, $448,002.14; ratifying issuance of an emergency work order; and approving the contract and bonds. (Four affirmative votes required for approval.) B. Resolution ratifying the actions of the General Manager in declaring an emergency, approving the bidding documents, approving Addenda Nos. 1 and 2, and awarding a contract to Krapff-Reynolds Construction Company, Project WE- 0098, emergency 18-inch aerial crossing repair, NW 10th Street and County Line Road, $348,275; ratifying issuance of an emergency work order; and approving the contract and bonds. (Four affirmative votes required for approval.) VI. Items for Individual Consideration A. Authorize the payment of claim to the United States Army Corps of Engineers, Canton Dam Safety Auxiliary Spillway project, $8,536,697. B. Resolution directing an application be filed with the Oklahoma Water Resources Board for financial assistance through the Clean Water State Revolving Fund loan program for the purpose of financing the expansion and improvement of the Trust’s facilities and authorizing execution and payment of application fees; approving and authorizing utilization of the Oklahoma Water Resources Board Sponsorship Program for the completion of a wastewater connection project if determined by the General Manager to be in the best interest of the Oklahoma City Water Utilities Trust; authorizing the Chairman to execute the application and other actions, also including approval of scope of services agreements with bond counsel; approving and authorizing acceptance of one or more Clean Water State Revolving Fund loan(s) from the Oklahoma Water Resources Board in the aggregate principal amount of not to exceed $104,113,000; approving the issuance of its promissory note(s) in one or more series in the total aggregate principal amount of not to exceed $104,113,000, secured by a subordinate lien pledge of revenues and authorizing its execution; approving and authorizing the execution of a certificate of determination; approving and authorizing the execution of loan agreement(s) for Clean Water State Revolving Fund Loan; designating a local trustee and approving and authorizing the execution of trust agreement(s); approving and authorizing the execution of security agreement(s); ratifying and confirming certain utilities lease agreements, affirming various covenants; approving and authorizing the disbursement of loan proceeds and trust funds in connection with the referenced loan(s) and payment of fees and expenses; and containing other authorizations and provisions relating thereto. (Four affirmative votes required for approval.) Oklahoma City Water Utilities Trust Page 5 of 6 September 13, 2022  C. 1. Approve letter of engagement with Phillips Murrah P.C. for issues related to oil and gas exploration and Stinchcomb Wildlife Refuge; and 2. Enter into executive session for the purpose of confidential communications with its attorneys concerning a pending investigation, damages, claims, and potential litigation with Revolution Resources, LLC and Select Energy Services, Inc., involving City of Oklahoma City and Oklahoma City Water Utilities Trust property and for its attorneys to provide legal advice related thereto, as authorized by 25 O.S. (2020 Supp.) §307(B)(4), because on advice of legal counsel, disclosure would seriously impair the ability of the public body to conduct the pending investigation, damages, claims, and potential litigation or proceed in the public interest. VII. Items from Trustees VIII. General Manager Reports A. Status Report of the Utilities Department for August 2022. IX. Citizens to be Heard X. Adjournment Oklahoma City Water Utilities Trust Page 6 of 6 September 13, 2022