Oklahoma City Water Utilities Trust

AGENDA October 10, 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 October 10, 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 October 10, 2023  AGENDA OKLAHOMA CITY WATER UTILITIES TRUST October 10, 2023 I. Call to Order II. Approval of Minutes A. Approve the minutes of the September 26, 2023, meeting. III. Consent Docket A. Plans and Specifications to be advertised for bids, Project SC-1095, Sanitary Sewer Rehabilitation, North Western Avenue to North Blackwelder Avenue from Northwest Expressway to I-44. B. Amendment No. 1 to the Joint Contract for Engineering Services with The City of Oklahoma City and Halff Associates, Inc., Projects PC-0648, Street Enhancements/Arterial Resurfacing, NW 23rd Street from Western Avenue to I- 235, WC-0978, Waterline Replacement, NW 23rd Street from Western Avenue to Lee Avenue, and SC-1052, Sanitary Sewer Rehabilitation, NW 23rd Street from Western Avenue to Francis Avenue, fee increase of $382,960. (OCWUT Portion $14,300) C. Amendment No. 2 to the Contract for Engineering Services with CP&Y, Inc. dba STV Infrastructure; and authorizing preparation of final plans and specifications for Phase 1, Project ST-0154, Wastewater Treatment Plants Biosolids and Odor Management, fee increase of $1,386,632. D. Amendment No. 1 and Change Order No. 1 with Crossland Heavy Contractors, Project WT-0246, Hefner Surge System Operational Enhancements, Hefner Water Treatment Plant, increase of $128,402.98. E. Amendment No. 2 extending the Permit Agreement (AC-17-0001-DR) with The City of Oklahoma City and JTD Recreations, LLC, management and operation of the Lake Stanley Draper Marina and Concession, through June 30, 2024, estimated increase of $70,000. F. Amendment No. 1 and Change Order No. 1 revising the construction contract with Downey Contracting, LLC, Project SE-0052, Emergency Sanitary Sewer Interceptor Replacement, Chisholm Creek Wastewater Treatment Plant, decrease of $802,334; and accepting the project and placing the maintenance bond into effect. G. Resolution ratifying the actions of the General Manager in approving Consent Order No. 23-218 with the Oklahoma Department of Environmental Quality for assessment of a penalty for a fish kill; and ratifying payment in the amount of $2,500. H. Resolution authorizing the sole source purchase of Hydra-Stop System products, services, and training from Hydra-Stop, LLC (SS24-C249016), estimated annual cost $200,000, November 8, 2023 through November 7, 2024. Oklahoma City Water Utilities Trust Page 3 of 5 October 10, 2023  I. 1. Recommend The City of Oklahoma City approve perpetual Pipeline Crossing Agreement with Union Pacific Railroad Company, Project SE-0047, Emergency Sanitary Sewer Replacement, North Western Avenue to Francis Avenue from south of Main Street to NW 4th Street; and 2. Authorize payment of license fee, $5,000. J. Recommend The City of Oklahoma City accept a permanent easement, Project SE-0051, Emergency Sanitary Sewer Repairs, along Willow Creek Boulevard between Sylvester Drive and Windmill Road. K. Ratification of payments from September 7, 2023 through October 3, 2023. IV. Concurrence Docket A. Concurrence with The City of Oklahoma City in approving Change Order No. 3 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 $11,949.42. (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; approving the bidding documents, approving Addendum No. 1, and awarding a contract to Cimarron Construction Company, LLC, Project SE-0053, Emergency Sanitary Sewer Aerial Creek Crossing Replacement, South of 4220 NW 164th Street, $417,839; 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; waiving competitive bidding, and issuing emergency Purchase Order No. 06102023SMK17 to United Rentals North America Inc., influent pump station, Deer Creek Wastewater Treatment Plant; and authorizing payment of the emergency work order for services and equipment; and authorizing additional payments for anticipated continuing services and equipment until the emergency is resolved, estimated cost $1,000,000. (Four affirmative votes required for approval.) Oklahoma City Water Utilities Trust Page 4 of 5 October 10, 2023  VI. Items for Individual Consideration A. Resolution of the Oklahoma City Water Utilities Trust ratifying and confirming the execution and submission of an application 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 Oklahoma City Water Utilities Trust’s facilities and utilizing the sponsorship program for the completion of a wastewater connection project; 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 not to exceed $53,938,500; approving and authorizing utilization of the Oklahoma Water Resources Board sponsorship program for the completion of a wastewater connection project; approving the issuance of its promissory note(s) in one or more series in the total aggregate principal amount not to exceed $53,938,500, 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 a scope of services agreement with bond counsel 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 and necessary actions relating thereto. B. Enter into executive session on advice of the Municipal Counselor, as authorized by 25 O.S. (2022 Supp.) §307(B)(4), to receive confidential communications from its attorney concerning the case of Deer Creek Water Corporation v. City of Oklahoma City and Oklahoma City Water Utilities Trust in U.S. District Court for the Western District of Oklahoma, Case CIV-19-1116-SLP because disclosure of the confidential communications would seriously impair the ability of the public body to conduct the pending litigation in the public interest. VII. Items from Trustees VIII. General Manager Reports A. Status Report of the Utilities Department for September 2023. IX. Citizens to be Heard X. Adjournment Oklahoma City Water Utilities Trust Page 5 of 5 October 10, 2023