HomeMy WebLinkAboutResolution 4043-11-2011A Resolution
NO. 4043-11-2011
A RESOLUTION INCREASING THE MAXIMUM AMOUNT TO BE PAID TO
WHITAKER, CHALK, SWINDLE & SCHWARTZ, P.L.L.P. (FORMERLY
WHITAKER, CHALK, SWINDLE & SAWYER, L.L.P.) FOR ASSISTING THE
CITY WITH LEGAL MATTERS CONCERNING THE WATER DEPARTMENT
AND TRANSPORATION AND PUBLIC WORKS CONTRACTS AND
LITIGATION WITH AN ADDITIONAL SUM OF $50,000.00.
WHEREAS, on June 20, 2006, City Council approved M &C G- 15239, adopting a resolution
retaining Whitaker, Chalk, Swindle & Sawyer, L.L.P., to provide the City legal services in matters
concerning the Water Department and Transportation and Public Works contracts and representation of
the City in litigation concerning such matters in the amount of $50,000.00; and
WHEREAS, on April 17, 2007, City Council approved M &C G- 15680, adopting a resolution
increasing the amount to be paid Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $150,000.00; and
WHEREAS, on September 25, 2007, City Council approved M &C G- 15873, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$200,000.00; and
WHEREAS, on February 19, 2008, City Council approved M &C G- 16055, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$250,000.00; and
WHEREAS, on September 30, 2008, City Council approved M &C G- 16288, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$350,000.00; and
WHEREAS, on April 21, 2009, City Council approved M &C G- 16541, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $500,000.00; and
WHEREAS, on December 8, 2009, City Council approved M &C G- 16770, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$650,000.00; and
WHEREAS, on April 13, 2010, City Council approved M &C G- 16893, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $675,000.00; and
WHEREAS, on July 27, 2010, City Council approved M &C G- 16993, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $775,000.00; and
ORT WORT
Resolution No. 4043 -11 -2011
WHEREAS, on December 7, 2010, City Council approved M &C G- 17125, adopting a
resolution increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to
$920,000.00; and
WHEREAS, on May 24, 2010, City Council approved M &C G- 17278, adopting a resolution
increasing the amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P., to $986,000.00; and
WHEREAS, it has been determined that additional legal services concerning the Water
Department and Transportation and Public Works contracts and litigation (excepting the City's lawsuit
against Crawford Farms Investors, Ltd., and contracts with Conatser Construction TX, LLP and
Conatser Construction, Inc.) will be needed to conclude these matters, and will require a $50,000.00
increase to the total amount paid to Whitaker, Chalk, Swindle & Schwartz, P.L.L.P. (formerly Whitaker,
Chalk, Swindle & Sawyer, L.L.P.), thereby establishing the maximum amount of $1,036,000.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Worth,
Texas:
That the maximum amount authorized to be paid to Whitaker, Chalk, Swindle & Schwartz,
P.L.L.P. (formerly Whitaker, Chalk, Swindle & Sawyer, L.L.P.), for legal matters concerning the Water
Department and Transportation and Public Works contracts and litigation concerning such matters is
hereby increased by $50,000.00 to an amount not to exceed $1,036,000.00.
ATTEI�
By:
APPR(
By:
Gerald Pruitt, Deputy City Attorney
ORT WORT
T
APPROVED
CITY COUNCIL
NOV 15 2011
City Secretary of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/15/2011 - Resolution No. 4043 -11 -2011
DATE: Tuesday, November 15, 2011 REFERENCE NO.: * *G -17439
LOG NAME: 12WHITAKER CHALK INCREASE FS GENERAL 10 -11
SUBJECT:
Adopt Resolution Authorizing an Increase to the Maximum Amount to be Paid to the Law Firm of Whitaker,
Chalk, Swindle & Schwartz, L.L.P., Formerly Whitaker, Chalk, Swindle & Sawyer, L.L.P., as a Final
Payment for Assistance with Legal Matters Concerning Premature Street Failures in an Additional Sum of
$50,000.00 (COUNCIL DISTRICTS 2 and 6)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution increasing the maximum amount to
be paid to Whitaker, Chalk, Swindle & Schwartz, L.L.P., formerly Whitaker, Chalk, Swindle & Sawyer,
L.L.P., by $50,000.00 for assistance to the City with legal matters concerning premature street failures.
DISCUSSION:
On June 20, 2006, the City Council approved M &C G- 15239, retaining the law firm of Whitaker, Chalk,
Swindle and Sawyer, L.L.P., (Whitaker Chalk) to assist the City with various legal issues regarding the
City's Water Department and Transportation and Public Works Department contracts related to premature
street failures. Due to the complexity and number of issues related to premature street failures, the
authorized amount was increased from the initial $50,000.00 to a total of $986,000.00 between 2007 and
2011. (M &C G- 15680; M &C G- 15873; M &C G- 16055; M &C G- 16288; M &C G- 16541; M &C G- 16770; M &C
G- 16893; M &C G- 16993; M &C G -17125 and M &C G- 17278).
The legal issues regarding the Water Department and Transportation and Public Works Department
contracts and representation of the City in litigation are concluding (except the City's lawsuit against
Crawford Farms Investors, Ltd., et al. and contracts with Conatser Construction TX, LLP and Conatser
Construction, Inc.), and there are outstanding invoices remaining of approximately $50,000.00 for services
rendered. It is the recommendation of the City Attorney and the City Manager that the amount to be paid
to Whitaker Chalk be increased by an additional $50,000.00 for a total, final amount of $1,036,000.00.
This action will conclude pending legal issues related to premature failed streets.
The affected streets are primarily located in COUNCIL DISTRICTS 2 and 6.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
funds will be available in the current operating budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund/Account/Centers
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 10 -11 Page 1 of 2
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
GG01 538110 0121000
GG01 539120 0202005
Fernando Costa (6122)
Sarah Fullenwider (8006)
Doug Wiersig (7801)
Gerald Pruitt (7616)
Harvey Frye (8715)
$17.000.00
$33.000.00
Logname: 12WHITAKER CHALK INCREASE FS GENERAL 10 -11 Page 2 of 2