HomeMy WebLinkAboutResolution 3733-04-2009A Resolution
NO 3733-04-2009
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH
V THE HEIGHTS OF PARK VISTA, LTD , AND MARIO
SINACOLA & SONS EXCAVATING, INC , FILED IN THE
TARRANT COUNTY DISTRICT COURT BY OUTSIDE COUNSEL
WHITAKER, CHALK, SWINDLE & SAWYER, L L P
WHEREAS, the City has identified premature street failures to certain neighborhoods
following the construction of streets and
WHEREAS on .June 20 2006 City Council approved Resolution 3368 06 2006 to
retain outside counsel Whitaker Chalk, Swindle & Sawyer L L P and
WHEREAS tt has become necessary for the City to engage to litigation regarding the
premature failure of the streets against contractors The Heights of Park Vista Ltd and Mario
Sinacola & Sons Excavating Inc and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT
Whitaker Chalk Swindle & Sawyer L L P is authorized to effect necessary legal
action against The Heights of Park Vista, Ltd and Mario Sinacola & Sons Excavating,
Inc regarding streets that failed prematurely
The filing of the lawsuit against The Heights of Park Vista, Ltd and Mario Stnacola &
Sons Excavating, Inc is hereby ratified
Adopted this 28~h day of April 2009
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APPRQVE~
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APR 2 8 2009
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City Secretary of the
City of Fort Worth, Texas
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RESOLUTION NO 3733-04-2009-ATTACHMENT
~-~ _ ~^~" %iry of Fou~t Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/21/2009 Res No. 3727-04-2009 ~ Ord No 18571-04-
2009
DATE. Tuesday April 21 2009
LOG NAME 121NCREASE WCSS
REFERENCE NO G-16541
SUBJECT
Adopt a Resolution Authorizing Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker
Chalk, Swindle and Sawyer LLP to Assist the City with Legal Matters Concerning the Water Department
and Transportation and Public Works Department Contracts and Litigation in an Additional Sum of
$150 000 00 and Adopt Supplemental Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to.
1 Adopt the attached supplemental appropriation ordinance increasing appropriations in the Water and
Sewer Fund by $150 000 00 and decreasing the Unaudited Unreserved Undesignated Fund balance by
the same amount: and
2 Adopt a resolution increasing the maximum amount to be paid to Whitaker Chalk, Swindle and Sawyer
LLP by $150 000 00 to assist the City with legal matters concerning the Water Department and
Transportation and Public Works Department contracts and litigation in relation to premature street
failures
DISCUSSION
By adopting MB~C G-15239 on June 20 2006 the City Council approved Whitaker Chalk, Swindle and
Sawyer LLP (Whitaker Chalk) to assist the City with various legal issues regarding the City's Water
Department and Transportation and Public Works Department (TPW) contracts and authorized payment
to Whitaker Chalk in an amount not to exceed $50 000 00
M&C G-15680 adopted on April 17 2007 increased the authorized amount to $150 000 00 and on
September 25 2007 M&C G-15873 was adopted to increase the authorized amount to $200 000 00
M&C G-16055 adopted February 19 2008 increased the authorized amount to $250 000 00 M&C G-
16288 adopted September 30 2008 increased the authorized amount to $350 000 00 Various matters
concerning Water Department and TPW contracts and representation of the City in litigation concerning
such matters are still pending Because of the extraordinary importance of-the issues raised it is the
recommendation of the City Attorney to authorize an additional sum of $150 000 00 to Whitaker Chalk for
their services concerning those matters not to exceed $500 000 00
Since the last increase counsel have been continuing to negotiate arbitration agreements with various
contractors Several lawsuits have also been filed against contractors and developers This M&C is to
increase the amount to be paid to Whitaker Chalk for these matters and general construction issues. Fees
for litigation costs in City of Fort Worth v Arcadia Park and Site Concrete Inc will be addressed under a
separate M&C
The affected streets are located in COUNCIL DISTRICTS 2 and 6
Council Date 4/14/2009 Page 1 of 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon the approval of the above
recommendations and adoption of the attached supplemental appropriation ordinance funds will be
available in the current operating budget, as appropriated of the Water and Sewer Fund Upon approval
the Unaudited Unreserved Undesignated Fund balance in the Water and Sewer Fund will be
$3 068 322 63 below the 20 percent reserve required by the Financial Management Policy Statement.
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/Account/Centers
PE45 531200 0601000 150 000.00
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact.
Fernando Costa (6122)
David Yett (7623)
Frank Crumb (8246)
Gerald Pruitt (7616)
Jimmy Riddell (7614)
Council Date 4/14/2009 Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION:. Approved on 4!28!2009. -Res. No 3733-04-2009
DATE Tuesday April 28 2009 REFERENCE NO *G-16546
LOG NAME 12FS PARK VISTA
SUBJECT
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth v The Heights of Park Vista
Ltd and Mario Sinacola and Sons Excavating Inc Cause No 153-232718-08 Filed on September 10
2008 in Tarrant County District Court
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth v The Heights of Park Vista Ltd and Mario Sinacola and Sons Excavating
Inc.
DISCUSSION
The City retained Whitaker Chalk, Swindle and Sawyer LLP (Whitaker Chalk) as outside counsel to
represent the City in litigation concerning premature street failures It is the opinion of the City and
Whitaker Chalk that legal action is necessary against The Heights of Park Vista Ltd and Mario Sinacola
and Sons Excavating Inc. This lawsuit concerns allegations of improper trench compaction and
inadequate construction resulting in premature street failures.
Funding is being provided as set out in M&C G-16541 adopted April 21 2009
Due to time constraints Whitaker Chalk had to file suit to prevent a potential waiver of some of the City's
rights
The premature street failures are located in COUNCIL DISTRICT 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that funds are available for this purpose
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/AccountlCenters
PE45 531200 0601000 $15.000.00
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact:
Fernando Costa (8476)
David Yett (7623)
Jimmy Riddell (7614)
Gerald Pruitt (7616)
Logname• 12FS PARK VISTA Page 1 of 2