HomeMy WebLinkAbout229-16 RESOLUTIONs Gaarrt
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 229-16
File Number: 2016-0626
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO. 5:
A RESOLUTION TO APPROVE AMENDMENT NO. 5 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, 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.
5 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.
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 12/20/2016
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Attest:
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Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 12121116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0626
Agenda Date: 12/20/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 12
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC AMENDMENT NO. 5:
A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE CONTRACT WITH MITCHELL,
WILLIAMS, SELIG, GATES & WOODYARD'PLLC 1N 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, 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.
5 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.
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 12/21/2016
City of Fayetteville Staff Review Form
2016-0626
Legistar File ID
12/20/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Tim Nyander 12/2/2016 Utilities Director
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A RESOLUTION TO APPROVE AMENDMENT NO. 5 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, AND TO APPROVE 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
Budget Impact:
Water/Sewer
Remaining Budget
V20140710
Previous Ordinance or Resolution # 151-16
Original Contract Number:
Comments:
Approval Date:
Fund
White River NPDES
UAA and APCEC Action
Project Title
Current Budget
$
90,236.00
Funds Obligated
$
90,235.74
Current Balance
F
Item Cost
$
20,000.00
Budget Adjustment
$
20,000.00
Remaining Budget
V20140710
Previous Ordinance or Resolution # 151-16
Original Contract Number:
Comments:
Approval Date:
CITY OF
Fay%i —Iles
ARKANSAS
MEETING OF DECEMBER 20, 2016
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: December 1, 2016
CITY COUNCIL AGENDA MEMO
SUBJECT: Amendment No. 5 to the contract with Mitchell, Williams, Selig, Gates &
Woodyard, PLLC, for an additional $20,000, for White River Water Quality
Standards Petition
RECOMMENDATION:
Staff recommends approval of Amendment No. 5 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), and approval of a budget adjustment.
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/l; 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 and again in
2016 to $137,000 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
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Prepare and File with APCEC the Motion to Adopt Water Quality Standard Changes
and the Draft Order adopting same
• 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:
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 additional legal costs.
ATTACHMENTS:
Staff Review Form
Amendment No. 5 Agreement
AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES
CONTRACT AMENDMENT NO. 5
']'his Contract Amendment No. 5 dated December 2, 2016 shall amend the original contract between the
City of Fayetteville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PUC., dated April 5,
201 1, referred to in the following paragraphs as the original contract.
This Contract Amendment No. 5:
I. Services to he Performed: Adds: Continued actions as required to obtain final approval fi-01T) the Arkansas
Pollution Control and f;cology 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 IJSEPA. The following items are the currently known required
actions:
• 'team Conference(s) to deal with comments by ADEQ.
• Arrange for and meet with ADI;Q 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 ol' $20,000.
WITNESS OUR HANDS TifuS 2"" DAY OF DECEMBER, 2016.
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, PLLC
13Y N'larcella _ .1'aylo an
Allan Gates
CITY OF FAYETTEVILLE,
FAYEYTEVILLE, ARKANSAS
RDAN, Mayor
jA c st: Aticst:
[ nn Krel Sondra Smith, City Clerk
Mitchell, Williams, Selig, Gates & Woodyard, PLLC City of Fayetteville
425 West Capitol AVCIILle. Suite 1800
113 West Mountain Streel
Little (lock, AR 72201 Fayetteville, AR 72701
asOWN3 }
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division
WATER SEWER (720)
2Oi6 /Org2
Adjustment Number
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
LEGISTAR FILE ID#
12/20/2016
2016-0626
3a4-b-GWal FeW
12/2/2016 3:31 PM
Budget Director Date
TYPE:
DESCRIPTION:
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GLDATE:
RESOLUTION/ORDINANCE
li
POSTED:
TOTAL
-
v.20161021
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub AT
Account Name
5400.720.5700-5314.00
20,000
11014 1102 EX
Professional Services - :
5400.720.5600-5808.00
(20,000)
14015 2000 EX
Water Line Improvements - Water Line Irr
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