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Home My WebLink About151-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 151-16 File Number: 2016-0353 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC: A RESOLUTION TO APPROVE AMENDMENT NO. 4 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, AND TO APPROVE A BUDGET ADJUSTMENT. 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. 4 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. 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 8/16/2016 % %%1111111f =4 ; FAYETTEVNLLEO�o .. • cif' "�'�''fA N�� •_� ` Attest: ''. '•. ,• .��' TON Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 8/17/16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0353 Agenda Date: 8/16/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC: A RESOLUTION TO APPROVE AMENDMENT NO. 4 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, AND TO APPROVE A BUDGET ADJUSTMENT 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. 4 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. 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 Fayetteville, Arkansas Page 1 Printed on 8/17/2016 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2016-0353 Legistar File ID 8/16/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/29/2016 Utilities Director/ Utilities Department Submitted Date Division / Department Action Recommendation: Approval of Amendment No. 4 to the Contract with Mitchell Williams, Selig, Gates & Woodyard (Mitchell Williams) in the amount of $15,000 for additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission and approval of a budget adjustment. 5400.720.5700-5314.00 Account Number 11014.1102 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Previous Ordinance or Resolution # 80-14 Original Contract Number: 2182 Comments: Budget Impact: Water/Sewer Fund White River NPDES UAA and APCEC Action Project Title Current Budget $ 45,236.00 Funds Obligated $ 45,235.74 Current Balance L Item Cost $ 15,000.00 Budget Adjustment $ 15,000.00 Remaining Budget Approval Date: V20140710 CITY OF ttviie ARKANSAS TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: July 26, 2016 CITY COUNCIL AGENDA MEMO SUBJECT: Amendment No. 4 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $15,000, for White River Water Quality Standards Petition RECOMMENDATION: Staff recommends approval of Amendment No. 4 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation up to $15,000, 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 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 was required to complete a Petition to the APCEC to change the local stream standards. 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 consists of the City's Utility Department, CH2M, and the Mitchell Williams law firm. DISCUSSION: The contract between the City and Mitchell Williams law firm was originally set at $48,000 and was amended in 2013 to $63,000, in 2014 to $83,000 and again in 2015 to 97,000 to help cover un-anticipated costs due to Act 954. However, additional services are needed requiring the Mitchell, Williams firm to spend more time on the TDS and minerals effort than the amended contract allows for. There are still several tasks to be performed. Below is the list of items that still need to be done: • 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 APCEC the Motion to Adopt Water Quality Standard Changes and the Draft Order adopting same Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Prepare for and attend the APCEC meeting seeking final adoption of the changes • Track submission and approval of the water quality changes to EPA BUDGET/STAFF IMPACT: A budget adjustment is attached to increase the budget in the White River NPDES UAA and APCEC Action project, Environmental Attorney for APCEC Rule Change sub- project to cover the additional legal costs. Cost savings from the completed Regional Park Waterline project will be moved into this project budget to cover the additional legal costs. AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO.4 This Contract Amendment No. 4 dated July 25, 2016 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. 4: 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 to exceed compensation amount of $108,000 with not to exceed compensation amount of $15,000. WITNESS OUR HANDS THIS I MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC LL BY Marcella J. Taylor nd Allan Gates , DAY OF , 2016. CITY OF FAYETTEVILLE, { Dann Kret Mitchell, Williams, Selig, Gates & Woodyard, PLLC 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201 Attest: L. 4u2y- Sondra Smith, City Clerk City of Fayetteville 113 West Mourttaiir Street Fayetteville, AR 72701 111It Ijpjr/r FAYETTEVILLE* • X7!9577 1 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number WATER SEWER (720) /Org2 2016 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A BA is needed within the White River NPDES UAA and APCEC Action Project to cover the cost of additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission. Cost savings from the completed Regional Park Waterlines project will be moved into the White River NPDES UAA and APCEC Action project to cover the addional legal costs. COUNCIL DATE: 8/1 6/2016 LEGISTAR FILE ID#: 2016-0353 [3 a rbvwa' FeW 8/1/2016 7:45 AM Budget Director TYPE: DESCRIPTION: Date GLDATE: RESOLUTION/ORDINANCE POSTED: TOTAL - - v.20160722 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub Al Account Name 5400.720.5700-5314.00 15,000 - 11014 1102 EX Services - Professional 5400.720.5600-5808.00 (15,000) - 14015 2000 EX Water Line Improvements - Water Line In- C:\Users\Ismith\AppData\Roaming\L5\Temp\55168658-5bb6-4626-9beb-09451441 d853 1 of 1