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Home My WebLink About176-13 RESOLUTIONRESOLUTION NO. 176-13 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $15,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $15,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. PASSED and APPROVED this 20t' day of August, 2013. APPROVED: L ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer ``��»u�►rrry�, FAYE7?EVlL�E:;u . z City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 20-Aug-13 City Council Meeting Date Agenda Items Only David Jurgens Wastewater Treatment Utilities Submitted By Division Department $ 15,000 $ 253,469 White Rvr NPDES UAA & APCEC Cost of this request Category / Project Budget Program Category / Project Name 5400.5700.5314.00 $ 203,469 Wastewater Treatment Account Number Funds Used to Date Program / Project Category Name 11014.1102 $ 50,000 Water/Sewer Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached Previous Ordinance or Resolution # Date Original Contract Date: !",� �"13- Original Contract Number: Date R4_I 4 4/5/2011 79Q7 +,,A Q - �� -7, z9-;o►3 Finance and Internal Services Director Date Received in City ` 7 -2- j -1 3 P 12 ; 2 8 V Clerk's Office Af �Vj Jag, -I^ V -/3 Chief of Sta Date Received in Mayor's Office , M or D e -omments: Revised January 15, 2009 To: Thru: From: Date: • ayL eVl e ARKANSAS� Fayetteville City Council Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Director Fayetteville Water and Sewer Comn July 26, 2013 CITY COUNCIL AGENDA MEMO MEETING DATE OF AUGUST 20, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS Subject: Contract Amendment with Environmental Attorney Contract, Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $15,000, for White River Water Quality Standards Petition RECOMMENDATION City Administration recommends approving Contract Amendment 1 with Mitchell, Williams, Selig, Gates & Woodyard, PLLC (Mitchell Williams), increasing the compensation by up to $15,000, for legal actions relating to the White River Water Quality Standards Petition to the APCEC. BACKGROUND The Noland WWTF National Pollutant Discharge Elimination System (NPDES) permit contains limits on total dissolved solids (TDS), and minerals, specifically chloride (Cl-), and sulfate (SO ). In that permit, we are required to complete a Petition to the APCEC to change the local stream standards. If we do not, or if the APCEC does not approve our request, we will be required to complete a very expensive modification to our wastewater treatment plant in order to comply with the very strict limits of Cl" -20 mg/l; SO4 -20 mg/1; and TDS-160mg/l. The estimated capital cost for this modification is approximately $45 million. The City's team consisted of CH2M Hill with FTN as a subcontractor, the USGS, and Mitchell, Williams law firm. The City began the process to submit the Petition by performing a Use Attainability Analysis (UAA), a physical study of the river. The in -stream work and preliminary draft of the report were completed in 2012. ADEQ and the City's team have been working through the report in an effort to address all anticipated questions. In 2013, the Arkansas Assembly passed Act 954, which directly impacts minerals water quality standards. After discussions with our team and ADEQ staff, all parties agreed that our UAA needed to be reevaluated and expanded to ensure compliance with Act 954. This requires a great deal of evaluation and coordination with ADEQ staff to determine exactly how to meet both the letter and intent of the new law. DISCUSSION This contract amendment adds those actions required to comply with Act 954, and any additional actions required to prepare and present the third party petition to the APCEC, provide advice and guidance on what actions the City and its consultants need to take to successfully receive APCEC approval, assist in obtaining relevant USEPA approvals, and represent the City's interests in any related appeals. The original contract and this amendment are for actual costs incurred, changed from a not -to -exceed amount of $48,000 to a not -to -exceed amount of $63,000. BUDGETIMPACT Funds are available within the project budget. Mitchell Williams COl CCMemo Ju113 RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $15,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $15,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. PASSED and APPROVED this 20th day of August, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO. 1 This Contract Amendment No. 1 dated 0 , 2013 shall amend the original contract between the City of Fayetteville, Arkansas, an Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April 5, 2011, referred to in the following paragraphs as the original contract. This Contract Amendment No. 1: 1. Services to be Performed: Adds: Continued actions as required in the preparation and presentation of a third party petition to be presented to the Arkansas Pollution Control and Ecology Commission (APCEC) to modify site specific water quality criteria, to provide advice and guidance on what actions the City and its consultants need to take to successfully accomplish the task of receiving APCEC approval to the petition, and to assist in obtaining relevant approvals from USEPA. This includes all work required to make the City's Use Attainability Analysis and APCEC petition compliant with Act 954 of 2013. 8. Compensation: Replaces not exceed compensation amount of $48,000 with not to exceed compensation amount of $63,000. WITNESS OUR HANDS THIS 0 DAY OF , 2013. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC BY Marcella J. Tay o 1 ber Attest: Charlotte Edwards CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS Attest: Sondra Smith, City Clerk Mitchell, Williams, Selig, Gates & Woodyard, PLLC City of Fayetteville 425 West Capitol Avenue, Suite 1800 113 West Mountain Street Little Rock, AR 72201 Fayetteville, AR 72701 Mitchell Williams Contract Amend 1 Jul13 (4).doc