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Home My WebLink About46-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 46-16 File Number: 2016-0009 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO. 3: A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES &WOODYARD, PLLC IN THE AMOLINT OF S25,OOO.OO FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section !: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 3 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $25,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 211612016 Attest: 6 Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 2/17/16 City of Fayetteville, Arkansas Text File File Number: 2016-0009 1 13 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date:211612016 ln Control: City Council Meeting Agenda Number:4.2 Version: I Status: Passed File Type: Resolution MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO.3: A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES &, WOODYARD, PLLC IN THE AMOLTNT OF $25,OOO.OO FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 3 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $25,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteviile, Arkansas Page I Printed on 2/17/2016 Tim Nyander City of Fayetteville Staff Review Form 2016-0009 Legistar File lD 2lt6l2oL6 City Council Meeting Date - Agenda ltem Only N/A for Non-Agenda ltem 2/s/2Ot6 Utilities Director / Utilities Department Submitted By Submitted Date Action Recommendation : Division / Department Approval of Amendment No. 3 to the Contract with Mitchell Williams, Selig, Gates & Woodyard (Mitchell Williams) in the amount of 525,000 for additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology CommÍssion and approval of a budget adjustment. Budget lmpact: 5400.5700.53].4.OO Water/Sewer Fund White River NPDES UAA and APCEC Action Account Number 1,10L4.1102 Project Number Budgeted ltem? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Project Title Current Budget S Funds Obligated S 33,668.00 20,235.74 Current Balance Irem Cost $ 25,000.00 Budget Adjustment 1-1,568.00 Remaining Budget dn s *âÞ L$.d,rì v20140710 Previous Ordinance or Resolution # 80-14 Original Contract Number: Comments: 2t82 Approval Date: C]TY OF CITY COUNCIL AGENDA MEMO MEETING OF FEBRUARY 16, 2016 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: February 9,2016 SUBJECT: Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $25,000, for the White River Water Quality Standards Petition RECOMMENDATION: City Administration recommends approval of Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation by $25,000 for legal actions relating to the White River Water Quality Standards and negotiations with the ADEQ and the Arkansas Pollution Control & Ecology Commission (APCEC) and approval of a budget adjustment. BACKGROUND: The Noland \AA¡úTP National Pollutant Discharge Elimination System (NPDES) permit contains limits on Total Dissolved Solids (TDS) and minerals, specifically chloride and sulfate. ln that permit, the City was required to complete a Petition to the APCEC to change the local stream standards. lf 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 mgll; sulfate, 2Q mgll, and TDS, 160 mg/l. The estimated capital cost for this modification is approximately $45 million. The City's team consists of CH2M HILL and the Mitchell Williams law firm. DISCUSSION: The contract between the City and Mitchell Williams was originally set at $48,000 and was amended in2013 to $63,000 and again in2O14 to $83,000 to help cover un-anticipated costs due to Act 954. However, additional complications have arisen requiring the Mitchell Williams firm to spend more time on the TDS and minerals effort than the amended contract allows for. There are still severaltasks to be performed. Below is the list of items that still need to be done: - Team conference(s) to dealwith 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 ARKANS Mailing Address: 1L3 W. Mountain Street Fayetteville, AR727OI www.fayetteville-ar.gov 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 BUDGET/STAFF IMPACT: Budgeted funds are available within the project budget. Additional budgeted funds are being moved from the Phosphorus Standards Management project due to legal issues for both projects are being worked on with this amendment. AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO. 3 This Contract Amendment No. 3 dated January 13,2016 shall amend the original contract between the City of Fayetteville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April 5,2071, refered to in the following paragraphs as the original contract. This Contract Amendment No. 3: 1. Services to be Performed: Adds: Continued actions as requirecl to obtain final approval from the Arkansas Pollution Control and Ecology Commission (APCEC) to modify site specifìc 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 fwo committees of the AR Legislature, and to assist in obtaining relevant approvals from USEPA. The following items are the currently known required actions: r Team conference(s) to deal with comments by ADEQ. o Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers ¡ Prepare and file Stateme¡lt of Basis and Responsiveness Summary (Response to Comments) with the APCEC o Prepare f.or and attend (defend) legislative review of the Third-Party Rulemaking by Joint Legislative Public Health and Welfare Commiftee and the Joint Legislative Rules and Regulations Committeer Prepare and File with APC&EC the Motion to Adopt Water Quality Standard Changes anclthe Draft Order adopting same . Prepale for and attend the APC&EC rneeting seeking fìnal adoption of the changes . Track submission and approval of the water quality changes to EPA. 8. Compensation: Replaces not exceed compensation amount of $83,000 with not to exceed compensation amount of $ 108,000, -.h WITNESS OUR HANDS THIS 5 *"-DAY oF *t-7,2a16. MITCHELL, \TIILIAMS, SELIG, GATES & \ilOODYARD, PLLC CITY OF'FAYETTEVILLE, VILLE, ARKANSAS Marcella J. Allan Gates Taylo 437573ó l.doc Attest: Mitchell, Willialns, Selig, Gates & Woodyard, PLLC 425 West CapitolAvenue, Suite 1800 Little Rock, AR 72201 Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 ,--Ttltåg..%,'--C' 1ì.1r: e =ol c¡vFTTEVlllr. - = .r¡rr* .\--- 'e '. .^ n,C--'-7"r,#r,f;,#ìi!$s 43'7s736 Ldoc City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Division: Utilities Director Dept.: Utilities uestor: CherylPortoin Budget Year 201 6 Adjustment Number BU DGET ADJ USTM ENT DESCRI PTION / J USTI FICATION : A BA is needed within the White River NPDES UAA and APCEC Action project. Budgeted funds need to be moved to the environmental Atty for APCEC Rule Change subproject to cover addional legal costs for the project. Additional budgeted funds are being moved from the Phosphorus Standards Management project due to the additional attorney fees are associated with both the APCEC Rule Change and the phosphorus standard management. COUNCIL DATE: LEGISTAR FILE ID#: 2/1612016 20r ó-0009 ßø'rl>ø,t wTe-lJ¿ 219/2076 1-:70 ?',t4 Budget Direcior Dote RESOLUTION/ORDINANCE TYPE: DESCRIPTION: GLDATE: POSTED:/ v.2O150925 TOTAL Accounl Number lncreose / (Decreose)Project.Sub# 5400.5700.s314.00 t2,s65 Revenue Proiect Sub t1.oL4 L1.02 Account Nome EX ProfessionalServices s400.s700.s31s.00 (997) 5400.5800.5801-.00 (1-1,568) LL0t4 1.OO27 L10L 1001 EX Contract Services EX Fixed Assets C:\Users\lsmilh\AppDoto\Rooming\15\Temp\50odBf32-dboe-4254-8eec-e738f4fbcBó5 ìofl tI\r\-r-ruvl.É\Il\,rt\ n.f\ù ÞEDI\ |JYIJI\Lr,L), rL.DfIù.D ù.D.D t\DVV -f\\J-Dl.\-uf\ r.åLI\-DI City of Fayettev¡l¡e Staff Review Form 2016-0009 Legistar File lD 2lt6l2oL6 Tim Nyander City Council Meet¡ng Date - Agenda ltem Only N/A for Non-Agenda ltem L/27/2OL6 Util¡ties Director / Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: npproval of nmendment No. 3 to the Contract with Mitchell Williams, Selig, Gates & Woodyard (Mitchell Williams) in the amount of S1-4,OOO for additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission. Budget lmpact: Project Number Budgeted ltem? Yes Does item have a cost? Yes Budget Ad¡ustment Attached? No Water/Sewer Fund White River NPDES UAA and APCEC Action Project Title Current Budget S Funds Obligated 5 23,628.L9 Current Balance s 14,997.57 Item Cost S 14,000.00 Budget Adjustment Remaining Budget s 997.57 5400.5700.5314.00 Account Number 1,LOt4.L102 38,625.76 v201 40710 Previous Ordinance or Resolution # 80-14 Original Contract Number: Comments: 2L82 Approval Date: CITY OF ARKANSAS INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKET CITY COUNCIT AGENDA MEMO MEETING OF FEBRUARY 16,2016 TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Don Marr, Chief of Staff Tim Nyander, Utilities Oirector 7ìf January 27,2016 Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $14,000, for the White River Water Quality Standards Petition RECOMMENDATION: City Administration recommends approval of Amendment No. 3 to the Contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation by $14,000 for legal actions relating to the White River Water Quality Standards and negotiations with the ADEQ and the Arkansas Pollution Control & Ecology Commission (APCEC). BACKGROUND: The Noland I /\ffTP 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 was required to complete a Petition to the APCEC to change the local stream standards. lf 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 mgll; sulfate, 20 mg/l; and TDS, 160 mg/!. The estimated capital cost for this modification is approximately $¿S million. The City's team consists of CH2M HILL, and the Mitchell, Williams law firm. DISCUSSION: The contract between the City and Mitchell, Williams was originally set at $48,000 and was amended in 2013 to $63,000 and again in 2014 to $83,000 to help cover un-anticipated costs due to Act 954. However, additional complications have arisen requiring the Mitchell, Williams firm to spend more time on the TDS and minerals effort than the amended contract allows for. There are still severaltasks to be performed. Below is the list of items that still need to be done: . Team conference(s) to dealwith 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 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevi I le-a r. g ov INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKEÏ 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 aüend the APC&EC meeting seeking final adoption of the changes Track submission and approval of the water quality changes to EPA BUDGET/STAFF IMPACT: Funds are available within the project budget. INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKET AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO. 3 This Contract Amendment No. 3 dated January 13.2016 shall amend the original contract between the City of Fayeneville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April 5, 201 l, referred to in the following paragraphs as the original contract. This Contract Amendment No. 3: l.Services!obePelfo-rned: Adds: Contintredactionsasrequiredtoobtainfinal approval fromtheArkansas Pollution Control and Ecology Commission (APCIìC) to modify site specific water quality criteria in the White River. to provide advice and guidance on what actio¡rs thc City and its consultants need to take to successfully accomplish the task of receiving appr<lval to the petition from two commíttees of the AR l,cgi.stature. and to assist in obtaining lelevant approvals from USÊ,PA. I'he lollowing itenrs 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 see king aBreement on the requested minerals numbersr Prepare and file Statemenl of Basis and Responsiveness Summary (Response to Comments) with the APCECr Prepare fior 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 sarner Prepare for and attend the APC&EC meet¡ng seeking fìnal adoption of the changes ¡ Track submission and approval of the water quality changes to EPA. 8. Compensation: Replaces not exceed compensation amount of $83,000 with not to exceed compensation amount of $97,000. WITNESS OUR HANDS THIS DAY OF ,2016. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC CITY OF FAYETTEVÍLLE, FAYETTEVILLE, ARKANSAS Marcella J. Tay Allan Gates LIONELD JORDAN, Mayor {l7i716 l-doc INFORMATION HAS BEEN UPDATED, PLEASE SEE NEW AGENDA PACKET Attest: Sondra Smith, City Clerk Mitchell, Williams. Selig, Gates & Woodyard. PLI.C-' 425 Wcst Capitol Avenue, Suite 1800 Liftle Rock, AR 72201 City of F'ayetteville I l3 West Mountaitr Slreet Fayetteville. AR 72701 437573ó l.dtx