HomeMy WebLinkAboutResolution 1831A Resolution ~°~°~°n N°~~ ~
WHEREAS, the Cities of Dallas and Fort Worth, acting collectively
as "Railtran", in conjunction with their respective
transit agencies, DART and THE T, are negotiating with
the Union Pacific Railroad, concerning modifications to
an operating rights agreement the Union Pacific has with
the Cities for the Railtran Corridor; and
WHEREAS, certain modifications or agreements are necessary in
order to provide the best opportunity for passenger
service on the Railtran corridor; and
WHEREAS, agreement with other users of the Railtran corridor may
also be necessary; and
WHEREAS, specialized knowledge of the railroad industry and
applicable laws is needed to protect the Cities'
interest; and
WHEREAS, in order to conclude these complex negotiations it is
necessary to authorize a supplemental agreement to the
agreement with outside legal counsel and rail consultant;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to sign
Supplement No. 2 to the professional services contract with the law
firm of Pepper, Hamilton & Scheetz and the rail consulting firm of
Mercer Management Consulting as special legal counsel and rail con-
sultant, respectively, for the Cities of Dallas and Fort Worth for
the negotiation of RAILTRAN-related contracts in an amount not to
exceed $290,000.00, following approval as to form by the City
Attorney. The authorized amount includes subcontracts with the law
firms df Walker & Satterthwaite and Perez, Salinas & Canas for
additional legal services in an amount to exceed $65,000.00. In
addition, if new agreements negotiated by Pepper, Hamilton &
Scheetz result in increased revenues and capital expenditures to
the cities, compared with the present agreements, then Pepper,
Hamilton &Scheetz shall receive a 10 percent contingency fee based
on the amount of increased revenue and capital expenditures, after
deduction of all fees paid to the consultants and other reasonable
adjustments, as more specifically provided in the supplemental con-
tract which shall be prepared and approved as to form by the City
Attorney.
SECTION 2. That this resolution shall take effect immediately
from and after its passage in accordance with the provisions of the
Charter of the City of Fort Worth, and it is accordingly so
resolved. A~~R~~~n
CITY CQl~~Ci9
JUN ~.~ 1~9~
CITY OF FORT WORTH a~ty{~4F~~we tn~~~ae