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HomeMy WebLinkAbout229-16 RESOLUTIONs Gaarrt n` 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 ,1111111111111/ Attest: 01 rG I.0 ''�1r1111aa»�'�. 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: C:\Users\lsrnith\fppUola\Roaming\L5\Temp\a72ibc0c 7ci84-4b93-ab62-c16b16574547 1 of 1 I 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 C:\Users\lsrnith\fppUola\Roaming\L5\Temp\a72ibc0c 7ci84-4b93-ab62-c16b16574547 1 of 1