Oklahoma City Water Utilities Trust

AGENDA May 9, 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 May 09, 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 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 5 May 09, 2023  AGENDA OKLAHOMA CITY WATER UTILITIES TRUST May 9, 2023 I. Call to Order II. Approval of Minutes Approve the minutes of the April 25, 2023, meeting. III. Consent Docket A. Preliminary Engineering Report from Poe & Associates, Inc., Projects WM-0342, rehabilitation of South Lake Atoka Road, and WM-0343, rehabilitation of North Lake Atoka Road, Atoka, Oklahoma; and authorize preparation of plans and specifications. B. Plans and Specifications to be advertised for bids, Project WC-0950-1, waterline replacement, NW 122nd Street from Reynolds Road to Legends Boulevard, NW 144th Street to NW 147th Terrace from Elmtree Lane to Salem Creek Road. C. Specifications to be advertised for bids, Project WT-0249-2, Filter No. 11 rehabilitation, Draper Water Treatment Plant. D. Request for Proposals to be advertised, (RFP OCWUT 02-24) Hefner Water Treatment Plant Emergency Generators. E. Amendment No. 1 and Change Order No. 1 revising the construction contract with Cimarron Construction Company, LLC, Project SC-1098, Twin Creek siphon replacement, Twin Creek at Wiley Post Park, south of the North Canadian River and west of South Walker Avenue, decrease of $988,057. F. Amendment No. 1 revising the construction contract with BRZ Coatings, Inc., Project WC-0991, MacArthur elevated storage tank rehabilitation, MacArthur Boulevard and NW 28th Street, decrease of $147,030; and accepting the project and placing the maintenance bond into effect. G. Amendment No. 3 and Change Order No. 3 revising the construction contract with Wynn Construction Co., Inc., Project WC-0863, balancing tank replacements for Atoka Pipeline Pump Stations, Stonewall, Ada, and Konawa, Oklahoma, decrease of $40,455.55; and accepting the project and placing the maintenance bond into effect. H. Corrected Warranty Deed be granted to the Oklahoma Industries Authority. I. Ratification of payments from April 5, 2023, through May 2, 2023. IV. Concurrence Docket A. Concurrence with The City of Oklahoma City in approving Amendment No. 2 revising the construction contract with Allen Contracting, Inc., Projects PC-0559 and WC-0998, roadway widening improvements, Sara Road between SW 15th Street and SW 29th Street, increase of $18,844.65. (No OCWUT funds.) Oklahoma City Water Utilities Trust Page 3 of 5 May 09, 2023  B. Concurrence with The City of Oklahoma City in approving Amendment No. 6 and Change Order No. 8 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 $25,110.70. (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-0102, emergency rehabilitation of Treatment Train No. 3 Filter effluent and backwash waste wash water flumes, Draper Water Treatment Plant, $1,376,085; 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. Plans and Specifications to be advertised for bids, Project WC-0877, Atoka pipeline raw water transmission line, Konawa Pump Station to 1.44 miles west of SH-3W. B. Ratify and approve Addendum No. 1; and approve a Professional Services Agreement with CPM Pipelines (C239013), Force Main Assessment, estimated cost $3,000,000, May 9, 2023, through May 8, 2026. C. Receive an application from The Greenbrier, LLC, Project SB-2021-00001, oversized sanitary sewer main extension under Policy B-1 procedures to serve Redstone Ranch, south of Hefner Road and east of Piedmont Road, estimated purchase price $153,126. D. 1. Joint Resolution with The City of Oklahoma City authorizing the Municipal Counselor’s Office and outside legal counsel, Phillips Murrah, P.C., to settle the case of Oklahoma City Water Utilities Trust and City of Oklahoma City v. Revolution Resources, LLC and Select Energy Services, in the District Court of Oklahoma County, Case No. CJ-2023-158 on the condition of dismissal with prejudice and mutual release of all parties, including Revolution Resources LLC and Select Energy Services, in exchange for the amount of $190,000.00 in damages and payment of the claimed amount of incurred attorney fees of $45,000.00 for a total of $235,000.00, and authorization for legal counsel to execute all necessary settlement documents; AND/OR 2. Enter into executive session on advice of the Municipal Counselor to receive confidential communications from its attorneys concerning the pending case of Oklahoma City Water Utilities Trust and City of Oklahoma City v. Revolution Resources, LLC and Select Energy Services, in the District Court of Oklahoma County, Oklahoma Case No. CJ-2023-158 for losses, costs, expenses, court costs and attorney fees, and such other damages and relief as may be appropriate, related intentional trespass and the destruction and theft of the property of The City of Oklahoma City and the Oklahoma City Water Utilities Trust, as authorized by 25 O.S. (2022 Supp.) §307(B)(4), because disclosure would seriously impair the ability of the public body to conduct the pending investigation or pursue litigation in the public interest. Oklahoma City Water Utilities Trust Page 4 of 5 May 09, 2023 VII. Items from Trustees VIII. General Manager Reports A. Status Report of the Utilities Department for April 2023. IX. Citizens to be Heard X. Adjournment Oklahoma City Water Utilities Trust Page 5 of 5 May 09, 2023