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Home My WebLink About80-14 RESOLUTIONRESOLUTION NO. 80-14 A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $20,000.00 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. 2 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $20,000.00 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 15th day of April, 2014. ATTEST: By: SONDRA E. SMITH, City Cle `kga ttsowy. .o o Fq • ;z :17n 37,p ►aa�� ✓,ler! i f a n ti Billy Ammons Submitted By City of Fayetteville Item Review Form 2014-0163 Legistar File Number 4/15/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Utilities Department Approval of contract amendment 2 with Mitchell, Williams, Selig, Gates & Woodyard, PLLC (Mitchell Williams), for $20,000 for continued legal actions relating to the White River Water Quality Standards Petition to the Arkansas Pollution Control And Ecology Commission. Does this item have a cost? $20,000.00 Yes Cost of this request 5400.5700.5314.00 Account Number 11014.1102 Project Number Budgeted Item? Yes $253,469.00 Category or Project Budget $218,469.00 Funds Used to Date $15,000.00 Remaining Balance Budget Adjustment Attached? No White River NPDES UAA & APCEC Program or Project Name Wastewater Treatment Program or Project Category Water/Sewer Fund Name Previous Ordinance or Resolution # Original Contract Number: /31 /f ..P .1L 3.3S-�0t� 176-13 2182 V20130812 CITY OF aye xvl e ARKANSAS MEETING OF APRIL 15, 2014 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Billy Ammons, Wastewater Treatment Water, Sewer, and Solid Waste Committee CITY COUNCIL AGENDA MEMO DATE: March 26, 2014 SUBJECT: Contract Amendment with Environmental Attorney Contract, Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $20,000, for White River Water Quality Standards Petition RECOMMENDATION: City Administration recommends approval of Contract Amendment # 2 with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation by up to $20,000, for legal actions relating to the White River Water Quality Standards Petition to the Arkansas Pollution Control & Ecology Commission (APCEC). BACKGROUND: The Noland WWTP National Pollutant Discharge Elimination System (NPDES) permit contains limits on Total Dissolved Solids (TDS) and minerals, specifically chloride and sulfate. In that permit, the City is 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 might be required to complete a very expensive modification to our wastewater treatment plant to comply with the very strict limits of chloride, 20 mg/I; sulfate, 20 mg/I; and TDS, 160 mg/I. 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 the 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 was completed and the Petition was filed with APCEC on October 11, 2013 requesting the approval to reset the local stream standards to chloride, 60 mg/I; sulfate, 100 mg/I; and TDS, 440 mg/I. The petition was reviewed by the APCEC's Regulations Committee and the first public hearing was held at the Fayetteville Public library by the APCEC on February 13, 2014. The hearing resulted in comments made to APCEC including one from the ADEQ requesting that Fayetteville reconsider the limits requested in the Petition and to perhaps request a less drastic change in at least two of those standards DISCUSSION: The contract between the City and Mitchell, Williams was originally set at $48,000 and was amended last year to $63,000 to help cover un -anticipated costs due to Act 954. However, Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevi Ile -a r.gov additional complications have arisen requiring the Mitchell, Williams firm to spend more time on the UAA effort than the amended contract allows for. There are still several tasks to be completed to finish the UAA and Third -Party Rulemaking process, which will involve legal fees and costs. Below is the list of items that still need to be done: • Team conference(s) to deal with comments by ADEQ • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers • Prepare and file Statement of Basis and Responsiveness Summary (Response to Comments) with the APCEC • Prepare for and attend (defend) legislative review of the Third -Party Rulemaking by Joint Legislative Public Health and Welfare Committee and the Joint Legislative Rules and Regulations Committee • Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same • Prepare for and attend the APC&EC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to EPA The original contract, contract amendment 1, and this amendment are for the actual costs incurred. This amendment seeks to change the not -to -exceed amount from $63,000 to $83,000. BUDGET/STAFF IMPACT: Funds are available within the project budget. Attachments: Contract Amendment 2 with Mitchell, Williams, Selig, Gates & Woodyard, PLLC 2 RESOLUTION NO. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $20,000.00 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. 2 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $20,000.00 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 15th day of April, 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO. 2 This Contract Amendment No. 2 dated , 2014 shall amend the original contract between the City of Fayetteville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April 5, 2011, referred to in the following paragraphs as the original contract. This Contract Amendment No. 2: 1. Services to be Performed: Adds: Continued actions as required to obtain final approval from the Arkansas Pollution Control and Ecology Commission (APCEC) to modify site specific water quality criteria in the White River, to provide advice and guidance on what actions the City and its consultants need to take to successfully accomplish the task of receiving approval to the petition from two committees of the AR Legislature, and to assist in obtaining relevant approvals from USEPA. The following items are the currently known required actions: • Team conference(s) to deal with comments by ADEQ. • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers • Prepare and file Statement of Basis and Responsiveness Summary (Response to Comments) with the APCEC • Prepare for and attend (defend) legislative review of the Third -Party Rulemaking by Joint Legislative Public Health and Welfare Committee and the Joint Legislative Rules and Regulations Committee • Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same • Prepare for and attend the APC&EC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to EPA. 8. Compensation: Replaces not exceed compensation amount of $48,000 with not to exceed compensation amount of $83,000. WITNESS OUR HANDS THIS 1 h' DAY OF MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC BY Allan Gates and Marcella J. Taylor Attest: rib , 2014. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS LII NEL Attest: AN, Mayor Mitchell Williams Contract Amend_2_27 Mar2014 (1).doc Leann Kret Mitchell, Williams, Selig, Gates & Woodyard, PLLC 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201 9elat Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Mitchell Williams Contract Amend_2_27 Mar 2014 (1).doc