Commissioners spent the longest portion of their Dec. 23 meeting on a package of projects proposed by Rural Water District 4 to be funded with American Rescue Plan Act (ARPA) dollars. The district requested money for four items: a waterline upgrade on Olita Road, emergency generators at its water plant, replacement pumps at the Verdigris River pump station and security/function upgrades at the water plant.

The discussion centered on procurement. County staff and Rural Water District 4 representatives, including Thomas Faulk, said they had assembled quotes and some bid information but that three of the four items had not been through a sealed, competitive bid process. Staff reported advice from the county auditor that the commission could "encumber" ARPA funds now to reserve the money and complete competitive bidding later, so long as the funds were not dispersed prematurely.

Several commissioners pushed back. One commissioner warned that encumbering an estimated amount carried the risk that final sealed bids could come in substantially lower or higher, potentially obligating the county to return funds or cover overages. Concerned about compliance with state procurement rules and potential federal audit findings, the board voted to rescind or condition prior approvals for items 2, 3 and 4 unless the items could be procured on an existing state contract that would satisfy competitive-procurement requirements.

Staff said a bid opening for the Oneida Road waterline occurred the same day; multiple bids were opened and the board tabled award decisions while staff verified specifications, vendor submittals and whether components (notably generators) could be purchased through state-contract pricing. County engineering and auditor staff said they intended to comply with ARPA and state procurement rules while trying to avoid losing federal funds that must be encumbered or awarded by certain deadlines.

A related item — a utility relocation agreement (URA) from Rural Water 4 tied to the county's 273rd (East Avenue) corridor project — was presented with an estimated cost of $2,327,974.23. Rachel Cooper, county project staff, said awarding the URA and moving toward right-of-way acquisition would help make the corridor "shelf ready" for a potential RAISE grant application She noted ODOT had verbally committed to a 20% match for a roughly $25 million federal grant if the project is shelf ready. The board voted to approve and encumber the URA with general-revenue replacement funds, pending final purchase orders and accounting adjustments.

What happens next: Staff will verify whether specific items can be procured through state contracts (which would allow purchase without a separate sealed bid), reconcile bid specifications and vendor documents, and re-present awards once procurement and accounting meet ARPA and state rules. Commissioners said they wanted documentation showing bids and exact procurement pathways before funds are spent.