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Home My WebLink About93-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 93-17 File Number: 2017-0132 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC: A RESOLUTION TO APPROVE AMENDMENT NO. 6 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $100,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, 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. 6 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $100,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission, and further approves a project contingency in the amount of $20,000.00. 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. fr�4 r PASSED and APPROVED on 4/18/2017 'R nF "•r.; r4L): FAYETTFVILLE, A�prav ` Attest: e" . C-3*''"• i*fid+ � kAN`� ,i `ON►►p,��. Lipo Id Jar , Ma r SondraE. Smith, City ClerkTreasurer Page 1 Printed on 4119117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0132 Agenda Date: 4/18/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 11 MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC: A RESOLUTION TO APPROVE AMENDMENT NO. 6 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $100,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 6 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $100,000.00 for additional legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission, and further approves a project contingency in the amount of $20,000.00. 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 411912017 Tim Nyander Submitted By I City of Fayetteville Staff Review Form 201.7-0132 Legistar File ID 4/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2017 Utilities Director/ _ Utilities Department Submitted Date Division / Department Action Recommendation: A RESOLUTION TO APPROVE AMENDMENT NO. 6 TO THE CONTRACT WITH MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF $100,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT Budget Impact: 5400.720.5700-5314.00 Water/Sewer Account Number 11014.1102 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Previous Ordinance or Resolution # Original Contract Number: Comments: 229-16 11 47 Fund White River NPDES UAA and APCEC Action Current Budget Funds Obligated Current Balance - Item Cost Budget Adjustment Remaining Budget Project Title $ 75,534.35 $ 74,464.02 $ 120,000.00 $ 120,000.00 Approval Date: V20140710 CITY OF F^ady eile ARKANSAS MEETING OF APRIL 18, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: March 28, 2017 CITY COUNCIL AGENDA MEMO SUBJECT: Amendment No. 6 with Environmental Attorney Contract, Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for an additional $100,000.00 for White River Water Quality Standards Petition RECOMMENDATION: City Administration recommends approval of Amendment No. 6 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, increasing the compensation up to $100,000, with a 20% contingency for legal actions relating to the White River Water Quality Standards and negotiations with the ADEQ, the Arkansas Pollution Control & Ecology Commission (APCEC), and Region VI of the USEPA. 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 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, in 2014 to $83,000, and in 2016 to $143,000 to cover un- anticipated costs in the 3rd party rulemaking process. 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. The unique circumstances of performing the UAA on the White River has led to a very lengthy process up to this point. To get the agreement from ADEQ to stand with the City on this process, we had to perform additional calculations as well as put the changes in the original process out for public comment a second time. While this has presumably satisfied the ADEQ staff, the EPA is now questioning the methodology of ADEQ's statistical calculations in arriving at site specific minerals numbers that (1) has no detriment to the water quality and the aquatic Mailing Address: 113 W. Mountain Street www.fayettevilie-ar.gov Fayetteville, AR 72701 life of the stream and, (2) established discharge permit numbers that the Noland WWTP can achieve without an expensive addition to the treatment process. There are still several tasks to be performed. Below is the list of items that still need to be done. • Team conference(s) to deal with comments by ADEQ and EPA 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 City staff feels that they are presenting to the Council a final number for legal services pertaining to this 3rd party rulemaking, although we are not sure at this point how the EPA is going to respond the City's lengthy efforts. However, the staff feels that there are signs of favorability coming from EPA that this rulemaking process will be completed in the near future. BUDGET/STAFF IMPACT: Budgeted funds will be moved from cost savings on the Regional Park project to cover the associated costs. ATTACHMENTS: Staff Review Form Amendment No. 6 Agreement Resolution 229-16 Budget Adjustment AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES CONTRACT AMENDMENT NO. 6 This Contract Amendment No. 6 dated March 22, 2017, shall amend the original contract between the City of .Fayetteville, Arkansas, and Mitchell, Williams, Selig, Gates & Woodyard, PLLC., dated April S, 2011, referred to in the following paragraphs as the original contract. This Contract Amendment No. 6: 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. 'I'he following items are the currently known required actions: • Team conference(s) to deal with comments by ADEQ and USEPA; • Arrange for and meet with ADEQ water and legal division seeking agreement on the requested minerals numbers; • Obtain ADEQ's assistance in obtaining EPA approval on the requested minerals numbers; • Attend public hearing for the Amended 'third -Party Rulemaking; • 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 .foint 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 from EPA. 8. Compensation: Replaces not to exceed compensation amount of $108,000 with not to exceed compensation amount of $100,000. WITNESS OUR HANDS THIS 22"' DAY OF MARCH, 2017. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC A4-�L�� BY Marcella J. Tay) rr `#1 Allan Gates CITY OF!�YETTEVILLE, FAYE "'I'LE, ARKANSAS , Mayor AA -st: c n. Kret Mitchell, Williams, Selig, Gates & Woodyard, PLLC 425 West Capitol Avenue, Suite 1800 Little Rock, AR 72201 4899763 1 Attest; Sondra Srnith, City Clerk�.Y City of Fayetteville �_ �•' '�r"�r 113 West Mountain Street FAYEfTEVILLE; Fayetteville, AR 72701 G r • p,+,. �fl�Oat 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 WHI'L'E RIVER WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION CON'T'ROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .FAYETTEVILLE, ARKANSAS: S isn 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 Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 12/21/16 Attest: i l 1 Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 12/21/16 I City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WATER SEWER (720) 2017 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. RESOLUTION/ORDINANCE COUNCIL DATE: 4/18/2017 LEGISTAR FILE ID#: 2017-0132 L inr R u,t-c- 4/4/2017 9:32 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: POSTED: TOTAL - - v.20161220 Increase / (Decrease) Project.SubA Account Number Expense Revenue Project Sub AT Account Name 5400.720.5700-5314.00 120,000 11014 1102 EX Professional Services - : 5400.720.5600-5808.00 (120,000) 14015 2000 EX Water Line Improvements- Waxer Line Irr C:\Users\losmith\AppData\Roaming\L5\Temp\622ca91 d-ed69-4770-a94d-3bb59d1 fb241 1 of 1