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HomeMy WebLinkAboutResolution 3871-04-2010A Resolution NO 3871-04-2010 TO INCREASE THE AMOUNT TO BE PAID TO THE LAW FIRM OF K&L GATES, AS OUTSIDE COUNSEL IN THE ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT WHEREAS, The City of Fort Worth has received necessary funding to improve Alliance Airport by extending the runway and taxiways and WHEREAS Dwight A. Shupe and the Law Firm of K&L Gates, were retained as outside counsel m the Alliance Airport Runway Extension Project in an amount not to exceed $100 000 00' and WHEREAS the subject project is still pending and an additional amount of $26 162 50 beyond the current authorized cost of $100 000 00 will be needed for the legal services performed by Dwight Shupe while at the firm of K&L Gates. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT The compensation authorized to be paid to the Law Firm of K&L Gates, as outside counsel in the Alliance Airport Runway Extension Project is hereby increased from $100 000 00 to an amount not to exceed $126,162.50 ADOPTED this 6`h day of Apri12010 K~~~~.~~ ATTEST•~ .~ ~~ ~~- ~~~~'~r x~f ~~~.~~~. CITY COUNCIL APR 0 6 2010 c ~ city Secretary of ~ City o! Fort Worth, Texas APPROVEb-AS TO FaR~!1~` LEGALITY Theodore P Gorski, Jr Assistant City Attorney ORT WORT T City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/6/201.0 -Res., No. 3871-04-2010 DATE Tuesday April 06 2010 REFERENCE NO *G-16876 LOG NAME 55AFW LEGAL COUNSEL INC SUBJECT Adopt a Resolution Authorizing the Increase of $26 162 50 in the Maximum Amount to be Paid to the Law Firm of K&L Gates, as Outside Counsel in the Alliance Airport Runway Extension Project in an Amount Not to Exceed $126 162 50 RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing the increase of $26 162 50 to the maximum amount to be paid to the Law Firm of K&L Gates, as outside counsel in the Alliance Airport Runway Extension Project to an amount not to exceed $126 162 50 DISCUSSION The City of Fort Worth (City) has received necessary funding to improve Alliance Airport by extending the runway and taxiways. The completion of the runway and taxiway extensions will necessitate removal and relocation of a portion of the existing Farm to Market Road 156 (FM 156) and the removal and relocation of private and public utilities. It will also necessitate (i) the relocation of a portion of Burlington Northern Santa Fe Railroad's (BNSF) existing main rail line (ii) the abandonment by BNSF and conveyance to the City of portions of BNSF's existing main rail line (iii) the removal of all BNSF improvements located within the abandoned main rail line (iv) the relocation of all non-BNSF improvements located within a portion of the abandoned main rail line (v) the construction of a new BNSF rail line connecting its intermodal facility to its carload transportation center and (vi) the construction of improvements for rail line crossings The Council previously approved retaining Dwight Shupe for his knowledge and experience in matters involving complex contract and transportation issues and approved $100 000 00 as the maximum amount to be paid to Mr Shupe At that time he was employed at the law firm of K&L Gates The issues required additional work and it is now recommended that the Council approve an additional $26 162 50 to be paid to Mr Shupe's firm of K&L Gates, for a total of $126 162 50 to K&L Gates for the work he performed while at the firm Mr Shupe has now left the firm of K&L Gates and remaining work is being performed by Mr Shupe while he is in the new firm of Shupe Ventura Lindelow & Olson PLLC A separate M&C for payment to Mr Shupe at his new firm is being presented to the Council for their approval All of the costs for Mr Shupe's work will be covered by grant funds made available by the Federal Aviation Administration FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated of the Airports Grant Fund FUND CENTERS Logname• SSAFW LEGAL COUNSEL INC Page 1 of 2 TO Fund/Account/Centers FROM Fund/AccountiCenters GR14 539120 055218187300 $30,000.00 CERTIFICATIONS Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head. Kent Penney (5403) Additional Information Contact: Aya Ealy (5406) Logname SSAFW LEGAL COUNSEL INC Page 2 of 2