Oklahoma City Water Utilities Trust

AGENDA December 5, 2023 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 5 December 05, 2023  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 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. 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 may address the Trust on individual concerns at the end of the agenda under “Citizens to be Heard.” Comments must concern Trust services or policies. Please fill out a "Request to be Heard" form located outside the Chambers. Please return this form to the Trust Secretary before the meeting begins. PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES. Continuing to speak beyond the time allowed by the Chairman or presiding officer shall constitute grounds for removal from the Council Chamber. 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 5 December 05, 2023  AGENDA OKLAHOMA CITY WATER UTILITIES TRUST December 5, 2023 I. Call to Order II. Approval of Minutes A. Approve the minutes of the November 21, 2023 meeting. III. Consent Docket A. Plans and Specifications to be advertised for bids, Project SC-1104, Sanitary Sewer Rehabilitation, NW 19th Street to NW 16th Street between Independence Avenue and Drexel Boulevard. B. Plans and Specifications to be advertised for bids, Project WC-1043, Water Line Replacement, NW 105th Terrace to NW 104th Terrace between McKinley Avenue and Military Avenue and NW 161st Street between Rim Road and Promontory Road. C. Specifications to be advertised for bids, Project TW-0009, Well 27 Rehabilitation - Test Hole, Tinker Air Force Base. D. Request for Proposals to be advertised, (RFP OCWUT 28-24) Crane and Hoist Equipment Inspection and Preventive Maintenance. E. Contract for Engineering Services with Smith Roberts Baldischwiler, LLC, Projects W000TE-A and S000TE-A, Independent Engineer to Serve the Oklahoma City Water Utilities Trust, Citywide, January 1, 2024 through December 31, 2026. F. Pricing Agreement award and approval, Brenntag Southwest, Inc. (C249040), bulk chlorine, estimated annual cost $4,000,000, December 5, 2023 through December 4, 2026. G. Amendment No. 1 with Cimarron Construction Company, LLC, Project WC- 1051, Lead Service Line Identification, Citywide, increase of $744,000. H. Amendment No. 1 and Change Order No. 1 with Cimarron Construction Company, LLC, Project WC-1022, Aerial Waterline Crossing Replacement, NW 10th Street between County Line Road and the North Canadian River, increase of $67,882. I. Amendment No. 1 and Change Order No. 1 with Cimarron Construction Company, LLC, Project SE-0053, Emergency Sanitary Sewer Aerial Creek Crossing Replacement, south of 4220 NW 164th Street, decrease of $13,000; and accepting the project and placing the maintenance bond into effect. Oklahoma City Water Utilities Trust Page 3 of 5 December 05, 2023  J. Ratifying and approving Addenda Nos. 1 through 3; and adopting a Resolution extending time to award contract as mutually agreed, awarding a contract to Wynn Construction Company, Inc., Project WT-0273, Sludge Lagoon Improvements, Hefner Water Treatment Plant, $3,900,000; and approving the contract and bonds. K. 1. Pricing Agreements award and approval, Accurate Environmental, LLC (C249035), Environmental Testing, Inc. (C249036), Green Country Testing, Inc. (C249037), and Southern Petroleum Laboratories, Inc., dba SPL, Inc. (C249038), water and wastewater laboratory analysis, estimated annual cost $250,000, January 1, 2024 through December 31, 2028; and 2. Resolution authorizing the open market purchase of water and wastewater laboratory analysis and related services not available on a pricing agreement (OM24-C249039), estimated annual cost $60,000, January 1, 2024 through December 31, 2028. L. Joint Resolution with The City of Oklahoma City approving the rate adjustment to the Letter of Engagement, effective January 1, 2024, and ratifying the actions of the Assistant Municipal Counselor and the General Counsel of the Oklahoma City Water Utilities Trust in authorizing Nazarenus Stack & Wombacher LLC to continue representation of The City of Oklahoma City and the Oklahoma City Water Utilities Trust as stated in the Letter of Engagement, and authorizing the Municipal Counselor and assignee to supervise legal counsel and direct Nazarenus Stack & Wombacher LLC to meet the goals and directives of The City of Oklahoma City and the Oklahoma City Water Utilities Trust related to water and water rights and including but not limited to the Kiamichi River Water Supply Project and Lake Sardis. M. Joint Resolution with The City of Oklahoma City authorizing the Municipal Counselor, and assigned attorneys in the Municipal Counselor’s office, upon their determination that it is reasonable and in the best interest of The City of Oklahoma City and the Oklahoma City Water Utilities Trust, to initiate legal proceedings where losses, expenses, damage, and other claims, up to the amount of $40,000 per claim, are due and owing to the City and/or the Oklahoma City Water Utilities Trust and to negotiate and settle such cases on behalf of the City and/or the Oklahoma City Water Utilities Trust; and authorizing the Municipal Counselor, and assigned attorneys in the Municipal Counselor’s office, upon their determination that it is reasonable and in the best interest of The City of Oklahoma City and the Oklahoma City Water Utilities Trust, to defend, negotiate, and settle cases brought against the City and/or the Oklahoma City Water Utilities Trust where allegation of losses, expenses, damage, and other claims, do not exceed the amount of $40,000 per claimant. N. Ratification of payments from November 1, 2023 through November 28, 2023. IV. Concurrence Docket A. Concurrence with The City of Oklahoma City in approving Amendment No. 1 and Change Order No. 2 with Schwarz Paving Company, Projects PC-0473 and WC-1027, Roadway Widening, North Kelley Avenue from East Wilshire Boulevard to East Britton Road, increase of $669,108.50. (No OCWUT Funds) V. Emergency Construction Contracts by Resolution (Four affirmative votes required for approval.) Oklahoma City Water Utilities Trust Page 4 of 5 December 05, 2023  VI. Items for Individual Consideration A. Amendment No. 2 to the Service Agreement with The City of Oklahoma City and Inframark, LLC (R22-C169022), for operations and maintenance of wastewater treatment facilities, solids management, and industrial pre-treatment services, estimated annual cost $18,000,000. B. 1. Joint Resolution with The City of Oklahoma City authorizing the Municipal Counselor’s Office to initiate such actions at law and in equity against Timbercraft Homes, LLC, and any other liable or necessary party, to recover damages for public nuisance, trespass, and encroachment, and to enjoin encroachment and interference with the utility easement and the installation, operation, and maintenance of sanitary sewer facilities in Highland Point Phase 1, Oklahoma City, Oklahoma; AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorneys concerning pending claim and investigation involving public nuisance, trespass, and encroachment related to the utility easement and sanitary sewer facilities in Highland Point Phase 1, Oklahoma City, Oklahoma, as authorized by 25 O.S. (2023 Supp.) § 307(B)(4), because disclosure would seriously impair the ability of the public body to process the claim and conduct a pending investigation or pursue litigation in the public interest. VII. Items from Trustees VIII. General Manager Reports IX. Citizens to be Heard X. Adjournment Oklahoma City Water Utilities Trust Page 5 of 5 December 05, 2023