Zilker Zephyr Lawsuit

1/31/2020 5:36 PM
Velva L. Price
District Clerk
Travis County
000596 D-1-GN-20-000596
D-1-GN-20-______________
Daniel Smith
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CITY OF AUSTIN, § IN THE DISTRICT COURT
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Plaintiff, §
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v. § 126TH
____ JUDICIAL DISTRICT
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TEXAS SPECIAL INC. §
DBA ZILKER ZEPHYR, §
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§ TRAVIS COUNTY, TEXAS
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Defendant.

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PLAINTIFF CITY OF AUSTIN’S ORIGINAL PETITION AND APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
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Plaintiff City of Austin hereby files this Original Petition and Application for Temporary
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Restraining Order and Temporary Injunction and in support respectfully shows as follows:
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I. DISCOVERY CONTROL PLAN
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1. Plaintiff intends discovery to be conducted under a Level 3 discovery control plan. See
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Tex. R. Civ. P. 190.4.

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II. PARTIES
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2. Plaintiff City of Austin is a home-rule municipality and political subdivision of the State
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of Texas.
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3. Defendant Texas Special, Inc. (“Texas Special”) is a Texas Corporation. It may be served
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through its registered agent Paul A. Rodriguez at 4717 Interlachen Lane, Austin, TX 78747.
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III. JURISDICTION AND VENUE

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4. This Court has jurisdiction over this dispute. See Tex. Gov’t Code § 24.008; Tex. Const.
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art. 5, § 8. Venue is proper because it is where the property that is the subject of this action is
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located, Tex. Civ. Prac. & Rem. Code § 15.011, and where the contract which is the subject of
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this suit provided that performance was to be made, Id. ¶ 15.031. Plaintiff currently seeks
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nonmonetary relief only. Tex. R. Civ. P. 47.
IV. BACKGROUND FACTS
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5. The Zilker Zephyr is a miniature train in Zilker Park that provides children and adults an
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approximately 20-minute tour of the park and view Barton Creek and Town Lake. See Ex. 1: Piper
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Decl., ¶ 2.
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6. In 1996, the City entered into a contract with Texas Special to operate the Zilker Zephyr
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as a joint venture, with Texas Special providing employees, equipment, maintenance, and paying
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expenses, and the City in turn receiving a portion of the gross sales proceeds. See Ex. 1: Piper
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Decl., Exhibit A. As part of the terms of that contract, Texas Special agreed:
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VI. OWNERSHIP:
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All permanent concession facilities and all fixtures shall become the
property of the City upon expiration or cancellation of this
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Agreement. Improvements existing as of the commencement of

concession operations shall be deemed to be permanent facilities
and fixtures. Improvements made to the concession premises during
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the term of this Agreement shall be deemed to be permanent

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concession facilities or fixtures unless Contractor shall advise the

City in writing prior to installation or work that it intends to keep
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and remove such improvements.

Ex. 1: Piper Decl., Ex. A: ’96 Contract, ¶ VI.
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7. When Texas Special entered into the ’96 Contract, there was already 5,800 square feet of
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existing track that it repaired and updated pursuant to Section I of the ’96 Contract, which provided
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that “Contractor shall use best efforts to have all repairs and renovations completed to the existing
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track area by December 30, 1996.” See Ex. 1: Piper Decl., ¶. 4; see also Ex. 1: Piper Decl., Ex. A,
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CITY OF AUSTIN’S ORIGINAL PETITION AND APPLICATION FOR TRO AND TI PAGE 2
Sec. I. Based on the City’s records, Texas Special did not lay any additional track, nor did it provide
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any written notice that it intended to keep and remove any such improvements. Ex. 1: Piper Decl.,
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¶ 4–5.
8. The initial term of the’96 Contract was until October 1, 2006, with two-five year extensions
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upon mutual agreement. See Ex. 1: Piper Decl., Ex. A: ’96 Contract, page 2. The parties agreed to
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a First Amendment extending the contract for an additional five years to September 30, 2011, a
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Second Amendment exercising the second extension for an additional five years until September
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30, 2016. The parties then entered into a Third Amendment to add an additional two year term,
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with the possibility of two additional one-year terms, and a two-year extension extending the
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contract until September 30, 2018. The parties then entered into a Five-Month Extension extending
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the ’96 Contract until February 28, 2020. See Ex. 1: Piper Decl., Ex. B: Amendments and
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Extensions. These amendments and extensions never altered Paragraph VI of the ’96 Contract
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regarding ownership of fixtures. Ex. 1: Piper Decl., ¶ 6.

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9. In the fall of 2019, the City offered Texas Special a new contract with an initial term of
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three years, but Texas Special insisted that it would not be willing to enter into a contract that had
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an initial term of anything less than five years. After some back-and-forth, on December 6, 2019,
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the City made its best and final offer to Texas Special for a contract term of an initial three-year
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period, with two one-year extension options. See Ex. 1: Piper Decl., Ex. C: Final and Best Offer.
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Texas Special rejected that offer on December 20, 2019. See Ex. 1: Piper Decl., Ex. D: Rejection.
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Texas Special’s rejection meant that its agreement with the City would expire on February 28,
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2020. Ex. 1: Piper Decl. ¶ 7.

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10. On January 21, 2020, the City had a last walkthrough and contract closeout meeting with
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representatives of Texas Special, including Texas Special Vice President Abel Rodriguez, and
representatives of the City of Austin. See Ex. 2: Rossett Decl, Ex. E: Closeout Meeting Agenda;
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Ex. 2: Rossett Decl, Ex. 2: Meeting Attendee Sheet. At the meeting, Mr. Rodriguez asserted that
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he would be removing the track and was told that the City took the position that the track belonged
to the City under the terms of the parties’ contract. Ex. 2: Rossett Decl. ¶ 4.
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11. On Friday, January 31, 2020, the City learned that Texas Special would be pulling up the
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tracks of the Zilker Zephyr. In addition, Zilker Zephyr posted on its Facebook page, in a post
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entitled “Final Statement,” that it would be selling souvenirs and memorabilia that coming
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weekend. See Ex. 3: Facebook Post. Texas Special removed approximately 100 bolts from the
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tracks before an Austin Police Department officer told Texas Special’s representatives to stop.
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They left after that, but the City is concerned they may still try to remove additional track.
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12. The City is concerned that pulling up the tracks would damage the parkland at Zilker Park.
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The ground has eroded under the tracks, and there could be potential additional erosion impact
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from pulling up the track. See Ex. 1: Piper Decl, ¶ 9.

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V. CONDITIONS PRECEDENT
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13. All conditions precedent have been performed or have occurred.

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VI. CAUSES OF ACTION

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A. Breach of Contract
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14. The City of Austin and Texas Special have a valid contract under which the City performed
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and Texas Special breached. Because of Texas Special’s breach, the City is entitled to relief,
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including a temporary restraining order and temporary injunction enjoining further breach.
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B. Declaratory Judgment
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15. The City is an interested party under its written contract with Texas Special. Pursuant to
the Texas Uniform Declaratory Judgment Act, the City respectfully requests that the Court
construe that contract to determine that it is the owner of the Zilker Zephyr train tracks and Texas
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Special has no right to remove them.
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VII. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
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16. The City has pleaded a cause of action and a probable right of recovery for breach of
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contract.
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17. The City will suffer irreparable injury if Texas Special is not temporarily restrained and
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enjoined from removing Zilker Zephyr train tracks. There are already erosion issues under the
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tracks, and there could be potential additional erosion impact from pulling up the track.
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18. The City will attempt to notice to Texas Special before presenting an application for
temporary restraining order.

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19. For the foregoing reasons, the City respectfully requests that Texas Special, its officers,
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agents, servants, employees, and attorneys, and all those in active concert or participation with
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Texas Special who receive actual notice of the order by personal service or otherwise, be
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temporarily retrained and enjoined from removing Zilker Zephyr train tracks.
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VIII. RELIEF REQUESTED

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20. For the foregoing reasons, the City respectfully requests that Texas Special be temporarily
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restrained and enjoined from removing Zilker Zephyr train tracks, that the Court declare the City
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to own the tracks under the parties’ agreement, and any other relief to which the City may be justly
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entitled.
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RESPECTFULLY SUBMITTED,
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ANNE L. MORGAN, CITY ATTORNEY
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MEGHAN L. RILEY, CHIEF, LITIGATION
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/s/ Hannah M. Vahl
Hannah M. Vahl
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Hannah.vahl@austintexas.gov
State Bar No. 24082377
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CITY OF AUSTIN
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Post Office Box 1546
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Austin, Texas 78767-1546
Telephone (512) 974-2346
Facsimile (512) 974-1311
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ATTORNEY FOR PLAINTIFF CITY OF AUSTIN
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CITY OF AUSTIN, TE Price Ag .1enl No. RA-0165-96
PURCHASING OFFICE Date Issued: December 9,1995
Page 1of3
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Distribution: - Park and Recreation Department
- Tana Goodwill
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Distribution, Others -Buyer
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-Department of Small and Minority Business
Resources
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Contracting Agency: Purchasing Office
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CSN/SCC, Commodity Code No.: 96115
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Commodity/Service: Miniature Train Concession at Zilker Park
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Estimated Dollar Value: Revenue Generating
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Cash Payment Terms: NIA
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F.O.B. Point: NIA

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Contract Period: October 1, 1996 thru September 30, 2006

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Extension Options: Two(2) Five (5) year extension options
Source, Address, Phone and Texas Special

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Attn: Tom Larkin

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1100 S 5th Street

Austin, Texas 78704-2310
Tel.# 442-4845 Fax# 447-2113
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Vendor# TEX70693851
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Buyer Name and Signature:

Ge~yer
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Purchasing Office, (512) 499-1892

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REVIEWED AND APPROVED:

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\~ Eddie Clark, Deputy Purchasing Officer
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Reference File No.: RA0165-96

Requisition No. 860JJC00101
Jul-13-07 11:47A ro ~~':l concess io c A ~12 7-5872 P.04
~11131~1 l~:~' ~1 7. 0 PAGE "2 t fJ7
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Amendment No. 1
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to
Contract No. RA-0165-96
for
Miniature Train Coneee9lon It Zllker Plltk
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Te>eaS Special
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City Of Austin
, .0 The City heteby uerclsa the extension optkJn for ct19 above refeRl'ICed revenue contract. ef'leetlve October , ,
2()08,thel9mforlhe~~-t be¢1 I' hHlll I SI ltu lttMUendtheroelsoneremainlng
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5-yur optic'-
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Basic T9'1' 1: 10I01196 - 09l30I08
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Amendme'ltNo, 1:~1
tM1111 ,., ,.,,.
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2.0 M8EfNBE '109'- do not apply to t'tis c:ontr11ct.
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3.0 By aigning thla Atnieodment 1he Contr8ctlor QVr\ifies that the Conttector and itia prtnelpala .,. Nit ~v suspended
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or d9benec tom doing bu8inNt.., the Fed-.11 GoYemrnent, as lndlc:ated by ll'le G9nerll SeMcM Adminlatratlon
(GSA) lilt •'If,,..... Elac!Ud9d from Fedwal Pft)cu,."*11 and Non-Pn:>curement PnigiMt9, the SCllte ofTeicaa. or
!he City f:A I \USfi fl.
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4.0 .. . . ,..
BY THE SIGNATIIRES efbed be&ow, Amendment No. 1 is hentOy ~ i!Wo and made a part al the 1boYe-
ref9renced con4r9 ;l
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:=j~~'t1WL =-~~
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AuthoriZllCf R8pt9~ City of Austin

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. Purttiaslng ontca
;::s,~~s'!wt 1~17 R..1v6~ l'IA ~l'ttf10""' Ort
~ . nc.1'e'Plu 2as0 1rt1" 1 I ,/,
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-=---+'7 I 1~101 ~70_1J,___f°_7_______

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bite Date
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9W!J!tin. Revtm<t and eiee

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Cicy or Austin. Texas Price Agreement No.: RA0165-96
Purchasing Office Date Issued: June 21, 1995
Page 2 of 3
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INSTRUCTIONS AND SUPPLEMEi.~TAL PROVISIONS/CLAUSES
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FOR PRICE AGREEMENT NOTICES
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1.0 RELEASE OR ORDERING METHOD:
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User department shall use the Purchase Release (PG) (fonn FIN9059) in releasing against
and payment for goods or services covered by this Agreement Refer to LGFS Procedures
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Manual, AP-05 for details. When giving a "verbal" release, provide the Supplier the
Purchase Release (PG) number and assigned Price Agreement number and request that such
numbers be included on his invoice. Also, require supplier to indicate name of user
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Department on all supplier documents.
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2.0 INVOICING AND PAYMENT:
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Purchase Releases. The Supplier shall furnish the user Department a copy of the invoice.
The Purchase Release (PG) shall then be processed in accordance with AP-07, Processing
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Payments forwarded to Accounts Payable within two (2) working days after user receipt of
invoice.
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3.0 IMELY DELIVERY:
Orders for delivery shall be placed with the supplier by the user department or Purchasing
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Office. Supplier shall make delivery of the units or services requested in the time specified
in the terms of the contract. If the order for delivery is not met the user department is to
contact the applicable buyer by memorandum for disposition, citing details and forward a
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copy of the Purchase Release transmitted to the Supplier.

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4.0 UNSATISFACTORY PERFORMANCE:

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Departments incurring consistent unsatisfactory performance under an Agreement shall

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notify the appropriate Buyer in writing, outlining all the facts in such cases. Only by such
notice can the Buyer remedy unsatisfactory performance.
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5.0 MATERIAL DISCREPANCY RF.SOLUTION AND REPORTING:.

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The user department by this Notice is hereby delegated responsibility and authority to
administer the resolution of significant material discrepancies as may be encountered.
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Reference Procedure P-8.3, Receiving and Inspecting Materials. Two copies of completed
form PSD 5186, Material Discrepancy Report are to be forwarded to the affected Buyer.
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City or Austin. Texas Price Agreement No.: RA0165-96
Purchasing Office Date Issued: June 21, 199 5
Page 3 of 3
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6.0 CHANGES TO AGREEMENT:
Any and all changes to this Agreement are subject to review and advance of the Purchasing
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Office prior to any commitments including, but necessarily limited to the addition of
associated equipment. scope of, increased services, upgrading, exercising of extensions or
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price changes. The user department shall institute no changes without the prior approval of
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the Purchasing Office.
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7.0 CONTRACT ADMINISTRATION
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Administration of this contract for the City shall be the responsibility of the Contract
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Administrator, Purchasing's involvement with the source shall occur only on a exception
basis as may become necessary.
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The Requisitioner shall be the Contract Administraror unless Purchasing is notified
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otherwise by the user department. tri
(If applicable, the Contraet Administrator shall establish milestones enabling him to
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determine if the source is working on schedule.)
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All communications between the Contract Administrator and the source shall be· in writing
with a copy sent to the Purchasing Office.
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If substandard performance should occur (or milestones are not met) the source shall be
advised in writing to correct the problem; a copy of this communic:ition shall be sent to the
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Purchasing Office.
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Should substandard perfonnance not be corrected within a reasonable amount of time after
the source has been made aware of the problem, the Contract Administrator shall withhold
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payment and advise the Purchasing Office of the situation.

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CITY OF AUSTIN AND THE TEXAS SPECIAL MINIATURE TRAIN CONCESSION
PROPOSAL NO. GB95300132 CONTRACT NO. RA0165-96
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WHEREAS, the City of Austin, hereinafter referred to as the City, requested proposals for
a miniature train in Zilker Park,
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WHEREAS, the Austin City Council directed the Parks and Recreation Department to
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negotiate a contract with Texas Special for the above referenced miniature train
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concession,
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The City of Austin and Texas Special herein enter into a binding contractual agreement as
follows:
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This agreement is entered into between the City, and Texas Special for the miniature train
concession for the Parks and Recreation Department.
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This agreement will be in effect for ·a maximum period of ten (10) years, beginning on
October 1, 1996 with two (2) five (5) year extension option subject to the approval of the
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Contractor and the City Manager or his designee.
Upon expiration of the initial term or extension option, Contractor agrees to hold over
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under the terms and conditions of this Agreement for such a period of time as is
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reasonably necessary to resolicit.

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Said agreement includes all documents issued and received in connection with the Request
Proposal No. GB95300132 and all amendments thereto as agreed upon by both parties
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throughout the negotiation process as indicated in the page titled "Contents of Contract."
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CONTRACT NO. RA0165-96 PAGE2
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For the purposes of interpreting this contract, in the event of conflicts in provisions, the
documents have the following order of precedence: ( 1) contract with Exhibit A, Standard
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Business Procedures, (2) Texas Special's negotiated performance goals dated November
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22, 1995, (3) City of Austin's original Request for Proposal including the City of Austin's
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Standard Purchase Tenns and Conditions, (4) Texas Special's original proposal as
submitted to the City of Austin dated June 6, 1995. This agreement represents the entire
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contract, and, it is understood that no changes may be made thereto without the full
consent of both parties stated in the form of a written amendment to this document.
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Susanne Brubaker Texas Special

Purchasing Officer 1100 South 5th Street
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Financial and Administrative Austin, Texas 78704-2310

Services Department
City of Austin, Texas
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Date Date
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CONTENTS OF CONTRACT
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BID NO. GB95300132 CONTRACT NO. RA0165-96
1. Contract with Exhibit A
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2. Texas Special's negotiated performance goals
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3. City of Austin's original Request for Proposal, Solicitation GB95300132.
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4. Texas Special's original proposal as submitted to the City of Austin dated June 6,
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1995.
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EXHIBIT A
STANDARD BUSINESS PROCEDURES
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Contract No. RA0165-96
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The Concessionaire shall adhere to the following business practices:
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I. Si~age: Concessionaire must post a sign stating: If the attendant fails to give you
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your receipt, please ask for your free rental voucher. Call 499-6723 for assistance or
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complaints.
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2; Cash Register: Concessionaire shall use a cash register to enter all cash transactions
and provide each customer with a printed receipt. This ca.Sh register shall have a grand
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total, started at zero upon commencing business. In addition, this cash register shall
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be equipped with the capability to print out daily sales totals (Z tape). These daily
cash register tapes (Z tapes) will be submitted to the Parks and Recreation Department
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with the monthly concession payment. The Parks and Recreation Department will
return the Z tapes to the Concessionaire after they have been reviewed. The tapes
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shall be retained by the Concessionaire for three (3) years after the close of the
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contract.
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3. Monthly Report: Concessionaire shall submit to the Parks and Recre~tion Department
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by the 10th of each month, the previous month's report. This report shall include a
daily, monthly and year to date sales total. Attached to this report shall be the daily
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cash register Z tapes. This report should also include activity/attendance information.
any upcoming special events, activities. awards or news worthy items. This report
shall be furnished by the Parks and Recreation Department and is attached.
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4. Tax Report: Contractor shall submit to the Parks and Recreation Department a copy
of their quarterly sales tax report within fifteen (15) days of filing same.
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5. Contractor shall remit to the City without demand, at the office of the Director of the
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Parks and Recreation Department of the City of Austin, Travis. County, Texas by the
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tenth day of each month, the Amount shown on the Pricing Sheet, a percentage of
gross sales or a "guaranteed" minimum. The term "gross sales" as used in this contract
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shall be defined as all income of whatever narure received by or accruing to

Concessionaire, arising from the operation of the concession, and for services
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performed under this contract by the Concessionaire. Said amount will be payable on
or before the 10th of the month inunediarely following the month in which sales are
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made.
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6. Concessionaire shall establish and maintain during the term of this agreement separate
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records and accounts, including a .separate bank account, relating to the operation of
the canoe rental concession irr Zilk.er Park. and which records and accounts shall be-
subject to the examination and audit by the City at any time.
City of Austin
Parks and Recreation Department
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Monthly Report
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Date:
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Report for the Month of:
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Beginning Date: Ending Date:
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Concession: Phone:
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Contractor:
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Address:
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Current Month Year to Date Totals

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Unadjusted Gross Sales

Less: Refunds & Overrings
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Adjusted Gross Sales

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Less: Sales Tax

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Net Sales
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Commission Percentage
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Total Commission Due

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Amount Paid: Check#:

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I hereby certify the above to be a true and correct account of all revenue
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received at this concession for the reporting period indicated.

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(Signature of Contractor) (Date)

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AGREEMENT FOR A MINITURE TRAIN CONCESSION BETWEEN
THE CITY OF AUSTIN AND THE TEXAS SPECIAL COMPANY
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WHEREAS, the City of Austin, hereinafter referred to as the City, issued a Requested For
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Proposals (Solicitation GB953000132) for an operator - concessionaire to operate a
miniature train in Zilker Park,
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WHEREAS, the City received proposals from concessionaires and, subsequently
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recommended to City Council award to Texas Special,
WHEREAS, the Austin City Council directed the City Manager or his designee to
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negotiate and execute a contract with Texas Special, a joint venture, for the above
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referenced miniature train concession,
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Therefore, the City and Texas Special agree to enter into a contract for the provision of a
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miniature train concession as stipulated herein:
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This Agreement is entered into between the City, and Texas Special expressly for the
operation of the miniature train concession at Zilker Park which is managed by the Parks
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and Recreation Department.

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I. Texas Special, hereinafter referred to as the Contractor, will be given access and
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control of the existing concession area by October 1, 1996. In the event that the current
concessionaire has failed to vacate the area or has otherwise failed to release or return the
area to the City, access and control to Texas Special shall be provided at the earliest
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opportunity. Adjustment shall be made to any scheduled performance or operation for

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delays occasioned by the City, for delays resulting from any law suit suspending
performance of the agreement or for delays from any work required for the construction
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of waste water pump station improvements. Adjustment shall be made by adding to any
scheduled dates a period of time equal to the delay in providing access and control to the
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Contractor.
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The City agrees to use its best efforts to provide the site, in a clean and level condition
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(comparable to the current site ), and to fully cooperate with Contractor in constructing
any new facilities and in starting up concession operations.
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Contractor agrees to use best efforts to have all repairs and renovations completed to the
existing track area by December 30, 1996, with operations to commence by January l,
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1997. The City agrees to allow work to be done under Parks and Recreation
Department's general permit. The additional track and depot shall be operational by
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March 1, 1998.
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This agreement shall have an initial term tenninating October 1, 2006 and shall be subject
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to two (2) five (5) year extensions upon mutual agreement.
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Upon expiration of the initial term or extension option, Contractor agrees to hold over
under the terms and conditions of this Agreement for such a period of time as is
reasonably necessary to resolicit.
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II. BASIC SERVICES
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In its performance of this agreement and its operation of the concession,
Contractor shall perform the following:
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A. The Contractor shall provide in the designated area of the concession
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at the contract premises a quality miniature train operation with
emphasis on overall esthetic appeal and compatibility with existing park
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uses. The area designated for operation, including the additional
terminal and track extension are shown in the Request For Proposal
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(Solicitation GB95300132).
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B. The Contractor shall provide employees in adequate number to serve the

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public at the contract premises.

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C. The Contractor shall provide all equipment necessary to the operation

of the concession, including easily accessible passenger cars.
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D. The Contractor shall provide complete maintenance services for the

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miniature train and auxiliary structures.

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E. The Contractor shall be responsible for all expenses incurred in the

maintenance and upkeep of all facilities including the concession
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premises. Concession facilities and premises shall be maintained in good

condition and 'repair.
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F. Contractor's ride fees shall not be changed except upon mutual approval.
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G. Contractor shall engage only in the operation of a miniature train

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concession and the sale of small train related souvenirs, excluding food and
beverage, or other items approved by the City.
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III. STANDARD BUSINESS PROCEDURES
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A. Signage: Contractor must post a sign stating: If the attendant fails to
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give you a ticket, please ask for your free ride voucher. Call 499-6723 for
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assistance or complaints.
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B. Cash Register: The Contractor shall use a cash register to enter all
cash transactions and provide each customer with the appropriate number
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of tickets. This cash register shall be equipped with the capability to
print out daily sales totals (Z -tape) . These daily cash register tapes
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(Z tapes) will be submitted to the Parks and Recreation Department
with the monthly commission payment. Concessionaires copy of cash
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register tapes shall be retained for three (3) years after the close of the
contract.
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C. All tickets used by Contractor must be approved by the Parks and
Recreation Department. Tickets must be prenumbered and preprinted.
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The printed tickets will be delivered to the Parks and Recreation
Department, Accounting Section. Tickets will be issued to the
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concessionaire on a need basis'. A copy of the receipt of purchase for the
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printing of tickets must be provided to the Parks and Recreation
Department, Contract Manager.
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D. Contractor shall submit a monthly activity/attendance report to the

Contract Manager. Along with activity/attendance information, this
report should include any up coming special events, activities, awards or
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newsworthy items.
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E. Contractor shall submit to the Parks and Recreation Department

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by the I 0th of each month, the previous month's sales report along with
the appropriate payment amount. This report shall include a daily,
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monthly, and year to date sales total. Attached to this report shall be
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either the Parks and Recreation Department copy of the individual cash
receipts or the daily cash register z tapes.
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F. Contractor shall pay the City 11 % of gross sales. Payments shall be

remitted monthly to the Parks and Recreation Department. The term
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"gross sales" as used in this Agreement shall be defined as all income of

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whatever nature received by or accruing to Contractor, arising from the

operation of the concession, and for services performed under this
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Agreement by the Contractor including, but not limited to, ticket sales,
nonrefundable deposits, and the sale of all appropriate related items, such
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as souvenir items, and other items as desired if specific written approval

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is obtained from the Director of Parks and Recreation. Gross Sales are
total receipts before the deduction of any costs or expenses
whatsoever; provided, however, that gross sales shall exclude any sales
taxes.
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IV. PERSONNEL:
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A. The Contractor shall hire at his own cost and expense, train, and
supervise a staff of employees to assist him in the performance of this
contract. The Contractor shall employ a number of people sufficient to
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meet the demands of the public at the contract premises. Contractor's
staff shall be uniformed in a manner consistent with a quality operation
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of his type and acceptable to the City. Staff shall wear name tags at all
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times when on duty.
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B. The Contractor shall employ only persons of good appearance, manner,
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and character.
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V. STRUCTURAL CHANGES:
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The Contractor shall not make any structural alterations, repairs, or improvements
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of the premises without the written permission from the Parks and Recreation
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Department. At the City's request, Contractor shall promptly remove any
alterations, repairs or improvements undertaken without the City's permission and
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shall restore the premises to original conditions. In undertaking any approved

structural alterations, repairs or improvements, Contractor shall have no power or
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right to place liens on the land; and shall allow no liens to be filed against
alterations, repairs or improvements without the express written approval of the
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City. This section shall not prevent Contractor granting a security interest or
vendor's lien on the rail, track and switches, provided notice is first given to the
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City. Contractor shall use due diligence in retiring any debt underlying such
security interest or vendor's lien.
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VI. OWNERSHIP:
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All permanent concession facilities and all fixtures shall become the property of
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the City upon expiration or cancellation of this Agreement. Improvements existing

as of the commencement of concession operations shall be deemed permanent
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facilities and fixtures. Improvements made to the concession premises during the
term of the Agreement shall be deemed to be permanent concession facilities or
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fixtures unless Contractor shall advise the City in writing prior to installation or
work that it intends to keep and remove such improvements.
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VII. UTILITIES:
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The Contractor shall secure and pay for any required utilities necessary for
the operation of the miniature train concession on the contract premises.
VIII. CITY OPERATION OF CONTRACT PREMISES
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The City reserves the right to take over and operate the miniature train
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concession in Zilker Park, using the equipment of the Contractor, at any
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time at the contract premises during which Contractor or his agent is unable
to perform under this Agreement. Should City operation become necessary, the
Director of the Parks and Recreation Department shall deliver to the Contractor
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notice of such intention to operate this concession by mailing notice of intention
to Contractor at his last known address by regular United States Mail. The
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City shall render an account to Contractor of all business done during such City
operation and shall be entitled to deduct from the gross sales, all direct costs
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incurred by the City.
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IX. SPECIFIC DUTIES:
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A. The Contractor shall provide an adequate number of waste containers as
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specified by the Parks and Recreation Department , including separate
containers for recyclable materials. All submitted examples for waste
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containers must be acceptable to the City.
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B. The Contractor shall provide and place in a conspicuous place a list of
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prices of tickets and all other items offered for sale, including hours of
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operation and a Parks and Recreation phone number for information and
complaints. The design and location of posting shall be subject to the
approval of the Director of the Parks and Recreation Department or his
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designee.
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C. The Contractor agrees that the minimum hours of operation shall be seven
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days a week from May through September and on weekends during the
remaining months, except during periods of inclement weather. The
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Contractor also agrees to adjust the hours of operation to meet specific

needs of park visitors.
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D. Contractor shall install locked "Suggestion Box'', built to the City

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specifications at the Contractor's expense.

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E. Contractor shall permit no advertising at or on the building other than

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Contractor's business signs nor permit any defacing of the building or

buildings where its physical facilities are located.
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F. Contractor shall permit no undue loitering.

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G. Contractor shall permit no objectionable language.
H. Contractor shall permit no glass containers in the building or buildings

where concession facilities are located or on the train.
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X. CONTRACT PROVISIONS
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The Contractor shall also be bound by the Contractor's proposal as submitted
dated June 6, 1995. In the event of conflict, this Agreement shall govern over
Contractor's proposal.
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XI. TERMINATION AND REMEDIES, CANCELLATION, SUSPENSION
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AND RELOCATION
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A. Right to Assurance:
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Whenever one party to this Agreement in good faith has reason to
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question the other party's intent to perform he may demand that the other
party give written assurance of his intent to perform. In the event a
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demand is made, and no assurance is given within thirty (30) days, the
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demanding party may treat this failure as an anticipatory repudiation of the
contract.
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B. A party may terminate this Agreement if the other fails to cure a material
breach which substantially impairs the value of the contract as a whole to
the non-breaching party within thirty (30) days of receipt of written notice
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being given by the other party. If more than thirty (30) days are required to
cure such default or breach, a reasonable time in excess of said day may be
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established, provided both parties agree in writing as to the time period

to be substituted. In the event such default or breach is not cured within
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a specified time, the Agreement may be terminated upon thirty (30) days
written notification.
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XII. RETENTION OF IMPROVEMENTS

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Should the City terminate this agreement due to Contractor's material breach,
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the City shall have the right to keep any improvements on payment to Texas
Special or it's assigns of the cost of its assets, less depreciation claimed or
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ordinarily claimable as a business expense, less costs to the City to secure a new
operator, and less revenues that would have normally been received by the City.
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XIII. ATTORNEY'S FEES AND COST

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In any action maintained by the City to enforce the terms of this Agreement, the
City shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
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XIV. REMEDIES CUMULATIVE
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The remedies provided by this Agreement shall be cumulative of those remedies
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available to the Parties.
XV. CANCELLATION
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The City shall have the right to cancel this Agreement on six month's notice
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should the City need to indefinitely or permanently close or otherwise cease
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operations in the park or area in which the concession is located. In the event
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of termination under this provision, Contractor's total construction and
improvement costs, as approved by the City, shall be apportioned equally to the
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number of months in the initial term and the City shall pay the Contractor a
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lump sum for the apportioned amount for each month remaining in the term.
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XVI. SUSPENSION OF OPERATIONS
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In the event that the City deems it necessary to suspend the operations of the
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concession, the City shall provide the contractor with a written notice outlining
the length of time for the suspension and the reasonable cause. The Contractor
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agrees to suspend operations for the period of time requested by the City. The
City agrees to extend the contract for the amount of time of the suspension.
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XVII. RELOCATION OF OPERATIONS

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In the event it becomes necessary to relocate the concession, such a relocation

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shall be at the approval of the Director of the Parks and Recreation Department
and the Contractor. In the event of Agreement, the City will assist with
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finding a location and with a negotiated amount of the costs involved.

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XVIII. MODIFICATIONS
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The City reserves the right to have any additional terms and conditions
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incorporated into the Agreement provided an authorized modification to the

contract is mutually agreed upon and duly executed by both parties.
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XIX. RELEASE OF PREMISES AND PHYSICAL DAMAGES TO SAME

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Contractor shall quit and surrender the premises described herein, including any
fixed improvements, at the expiration of the term of this Agreement in as good
of
a condition as normal wear and tear, elements of the weather thereof will
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permit. Contractor further authorizes City, or its agent, to re-enter and take
possession of said premises if the same became vacant during the term of this
Agreement. In the event improvements are removed for any reason by the
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Contractor or his assigns or successors, the premises shall be restored to a clean
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and neat condition.
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XX. FORCE MAJEURE
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Neither party shall be held responsible for losses resulting if the fulfillment of any
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terms or provisions of this AGREEMENT are delayed or prevented by any cause
not within the control of the party whose performance is interfered with and
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which said party is unable to prevent by the exercise of reasonable diligence.
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XXL GRATUITIES
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The City may cancel this Agreement if it is found that gratuities in the form of
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entertainment, gifts, or otherwise were offered or given by the Contractor of any
agent or representative or any City official or employee with a view toward
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securing favorable treatment with respect to the performing of this Agreement.
In the event this Agreement is canceled by the City pursuant to this provision,
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the City shall be entitled, in addition to any other rights and remedies, to recover
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from the Contractor a sum equal in amount to the cost incurred by the
Contractor in providing such gratuities.
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XXII. INSURANCE
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The Contractor shall carry insurance in the following types and amounts for
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the duration of this Agreement and furnish Certificates of Insurance and policy
endorsements as evidence thereof:
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A. Worker's Compensation and Employers' Liability coverage with limits

consistent with statutory benefits outlined in the Texas Worker's
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Compensation Act (Art. 8308-1.01 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for employers liability of $250,000 bodily injury
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each accident, $500,000 bodily injury by disease policy limit and

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$250,000 bodily injury by disease each employee. A Waiver of

Subrogation in favor of the City of Austin, form WC 420304, shall be
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attached to the policy as well as a 30 day Notice of Cancellation m

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favor of the City of Austin, for WC 420601.

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B. Commercial General Liability Insurance with minimum Bodily

Injury and property damage per occurrence limit of $600,000 for
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coverages A & B, and including products and completed

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operations. The policy shall- contain the following provisions:
Blanket contractual liability coverage for liability assumed under this contract.
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Medical expense coverage with a limit of $5,000 any one person.
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City of Austin listed as an additional insured.
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30 day notice of cancellation in favor of the City of Austin.
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Waiver of Transfer Right of Recovery Against Others in favor of the City of
Austin.
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C. Business Automobile Liability Insurance for all owned, non-owned,
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and hired vehicles with a minimum combined single limit of $600,000
per occurrence for bodily injury and property damage. Alternate
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acceptable limits are $250,000 bodily injury per person, $500,000
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bodily injury per occurrence and at least $100,000 property damage
liability per accident. An additional insured, form TE ggOlB, and a 30
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day notice of cancellation, form TE 0202A, shall be attached to the
policy in favor of the City of Austin.
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Any coverage written on a claims basis shall carry a retroactive
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date which coincides with the Contractor's first use of the
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premises.date. This insurance shall be maintained for the duration of this

Agreement and for two years following completion of the services under
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this Agreement. The premium for any extended reporting period shall be
paid for by the policy holder.
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E. Contractor shall not commence work under this Agreement until he/she
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has obtained the required insurance and until such insurance has been
reviewed by the City. Approval of insurance by the City shall not relieve
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or decrease the liability of the contractor hereunder.

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F. If insurance policies are not written for amounts specified above, the
Contractor shall carry Umbrella or Excess Liability Insurance for any
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differences in amounts specified. If Excess Liability Insurance is

provided, it shall follow the form of the primary coverage.
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G. Contractor shall be responsible for deductibles and self-insured

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retention's, if any, stated in policies. All deductibles or self-insured

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retention's shall be disclosed on the certificates of insurance required

above.
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H. Insurance shall be written by companies licensed to do business in the

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State of Texas at the time the policy is issued and shall be written by
companies with an A.M. Best rating of A or better or otherwise acceptable
to the City.
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I. All additional insured and 30 day notice of cancellation endorsements as well as
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Austin, Texas 78767-8828.
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J. The "other" insurance clause shall not apply to the Owner where the City
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of Austin is an additional insured shown on any policy. It is intended
that policies required in this Agreement, covering both the City and the
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Contractor, shall be considered primary coverage as applicable.
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K. The City shall be entitled, upon request and without expense, to receive
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certified copies of policies and endorsements thereto and may make
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any reasonable requests for deletion or revision or modification of
particular policy terms, conditions, limitations, or exclusions except
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where policy provisions are established by law or regulations binding
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upon either of the parties hereto or the underwriter on any such policies.
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L. The City reserves the right to review insurance requirements of this
section during effective period of this Agreement and to make reasonable
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adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law.
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M. The Contractor shall not cause any insurance to be canceled nor permit
any insurance to lapse during the term of this Agreement or as required
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in the Agreement.
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N. Actual losses not covered by insurance as required by this Agreement

shall be paid by the Contractor.
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0. Contractor shall provide the City thirty (30) days written notice of
erosion of aggregate limits below occurrence limits for all applicable
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coverage's indicated within the Insurance Requirements section of this

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Agreement.
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XXIII. INDEMNITY
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Contractor shall save the City its agents and employees, free and harmless from
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all claims or liability for damages to any person for personal injuries or loss, or
damage to property occasioned by or in connection with the Contractor's
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exercise of the rights and privileges hereby granted. Contractor hereby

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assumes full responsibility for the character, acts and conduct of all persons
employed by Contractor.
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XXIV. CONTRACTOR CERTIFICATION
The Contractor certifies that the fees in this Agreement have been arrived at
independently without consultation, communication, or agreement for the
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purpose of restricting competition, as to any matter relating to such fees with
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any other firm or with any competitor.
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XXV. CLAIMS
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In the event that any claim, demand, suit, or any other action is made or
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brought by any person, firm, corporation, or other entity against the
Contractor, the Contractor shall give written notice thereof, to the City
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(within two (2) working days after being notified) of such claim, demand, suit,
or action. Such notice shall state the date and hour of notification of any such
claim, demand, suit, or other action; the names and addresses of the person, firm,
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corporation, or other entity making such claim or that instituted or threatened to
institute any type of action or proceeding, the basis of such claim, action, or
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proceeding; and the name of any person against whom such claim is being made
or threatened. Such written notice shall be delivered either personally or by mail
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and shall be directly sent to the Department of Law and the Parks and
Recreation Department Contract Administrator, P.O. Box 1088, Austin, Texas
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78767.
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XXVI. LAWS, STATUTES AND OTHER GOVERNMENT AL

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REQUIREMENTS
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A. The Contractor shall at all times observe and comply with all Federal
and State laws and City ordinances and regulations which, in any
manner, affect the operation of his concessions and shall observe and
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comply with all orders, laws, ordinances, and regulations which may be
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enacted by a legislative body having jurisdiction or authority over

such concession. Contractor's attention is directed to Chapter 7-4 of the
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Code of the City of Austin, 1992.

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B. The Contractor further agrees to procure all permits and licenses, pay
all charges and fees, and give all notices necessary and incident to the
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lawful operation of this concession. All taxes imposed on the

operation of this business or the property used in this business owned by
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the Contractor, imposed by Federal, State, or governmental agency, shall

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be paid when due by the Contractor.

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XXVII. EQUAL OPPORTUNITY

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In the event the Contractor does not comply with the non-
discrimination clauses of this Agreement, this Agreement may be canceled,
terminated, or suspended in whole or in part, and the Contractor may be
debarred from further contracts with the City of Austin.
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XXVIII. AUDITING REQUIREMENTS
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A. Records, of the Contractor, its subsidiaries and affiliates, subject to audit
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shall include but not be limited to accounting records, written policies and
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procedures, subsidiary records, correspondence, and any other records
which are pertinent to revenues and related costs and expenses of this
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contract. This includes, to the extent such detail will properly reflect, all
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contractor revenues, costs, including direct and indirect costs of labor,
material, equipment, supplies; and services and all other costs and
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expenses of whatever nature relating to this Agreement (all foregoing
hereinafter referred to as "records".) These records shall be open to
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inspection and subject to audit and/or reproduction by the City or
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its authorized representative.
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The Contractor shall afford access to all of the records upon request during
ordinary business hours, and shall allow the City access to records and
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employees throughout the term of this contract and for a period of three years
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thereafter. Records will be retained beyond the third year if an audit is in
progress and/or the findings of a completed audit have not been resolved
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satisfactorily.
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B. The Contractor shall furnish annually to the Contractor Administrator,

within one week of filing same, a copy of Internal Revenue Service
Form 1040, Schedule C (Statement of Operations) pertaining specifically
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to concession income.
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XXIX. ASSIGNMENT - DELEGATION

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This agreement may not be transferred or assigned by the Contractor without the
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advance and written approval of the City.

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XXX. NOTICES
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Notices required to be given shall be made in writing and either be personally

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delivered or sent by registered mail. If sent by registered mail, notice shall be

deemed effective three days after notice is placed for delivery. Notice shall be
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to the following addresses:

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If to the City: City of Austin

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P.O. Box 1000
Austin, TX 78767
Attn: Tana Goodwill
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If to the Contractor: Texas Special
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Attn: Tom Larkin
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1100 South First Street
Austin, Texas 78704
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XXXI. CONFLICT OF INTEREST
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No officer, employee, or agent either elected or otherwise, of the City or of the
Contractor or any other party who exercises any function or responsibility in
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connection with the planning or carrying out of any agreement shall have any
personal financial interest, direct or indirect, in this contract, or receive any
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benefits accruing therefrom, other than regular employment or fee as agreed upon
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herein, nor shall any the person wherever connected, who has, or exercises any
function or responsibility in connection with the Agreement have any personal
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financial interest, direct or indirect, in the contract or receive any benefits other
than that accruing from compliance with this Agreement.
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XXXII. SEVERABILITY OF PROVISIONS
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If any provision(s) of this Agreement is held invalid, illegal, or unenforceable,

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the remainder shall be construed to conform to the intent of the parties.
XXXIII. VENUE
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Venue for any litigation arising from this contract shall lie in Austin, Travis
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County, Texas.
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XXXIV. CONTRACT MANAGER

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The designated contract manager for the City shall be Ms. Tana Goodwill,
Management Services Division, Parks and Recreation Department, 200 South
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Lamar, Austin, Texas 78704, telephone (512) 499-6723. The Contract

Administrator shall be authorized to act on behalf of the City to organize,
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schedule, coordinate work processes and review and approve work projects for
this concession. The City may designate a new contract administrator at any time.
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XXXV. LEGAL RELATIONSHIPS

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It is understood and hereby agreed by the Parties that the Contractor is, and shall
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be, an independent contractor in its performance of this agreement and shall

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control all ways, means and details incident to the performance of himself and his
agents and employees under this contract. Neither the Contractor nor his agents
or employees shall be considered employees of the City of Austin, shall not be
13
subject to the personnel policies of the City, nor participate in the benefits
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which accrue to City employees.
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XXXVI. LIABILITIES OF MONIES
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The Contractor shall be liable in full for all funds collected, paid to, or found
otherwise in the Contractor's possession and due to the City, until such time as the
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funds are physically transferred over to and accepted by the City.
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xxxvrr. MAINTENANCEOFRECORDS
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All required records shall be maintained until an audit is completed and all
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questions arising therefrom are resolved, or three years after completion of a
project, whichever occurs first; except that records will be retained beyond the
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third year if an audit is in progress and/or the findings of a completed audit
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have not been resolved satisfactorily.
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XXXVIlI. PARAGRAPH HEADINGS

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The paragraph headings contained herein are for convenience and reference
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and are not intended to define, extend, or limit any provision in the contract.
XXXIX. CONTINGENT FEES

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The Contractor warrants that no person or selling agency has been employed or
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retained to solicit or secure this contract upon an agreement or understanding

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for commission, percentage, brokerage, or contingent fee excepting bona fide

employees of bona fide established commercial or selling agencies maintained by
the Contractor for the purpose of securing the right, in addition to any other
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right or rights to cancel this contract without liability and to deduct from the
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contract price, or otherwise recover the full amount of such commission,

percentage, brokerage, or contingent fees.
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XXXX. SAFETY INSPECTION

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The City reserves the right to conduct safety inspections of the concession.
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The findings of such inspections will be reviewed with the contractor and the
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contractor will be responsible for correcting any violations identified.

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XXXXI. NON-W AIYER
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Failure of the City to exercise any right or remedy secured to it under this
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agreement shall not constitute a waiver of such right or remedy for any
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subsequent breach or default.
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Executed this //t'ri day of-'-A...;..,pi--~..;.;...l_L._ _ _ _, 199lL_
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CONTRACTOR:
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:(ho(V\a~ '1-. kr- k\ v1
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Print Name
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PARKS AND RECREATION DEPARTMENT
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M. Olivares, Director
-..f""Ak,•..t-
ks and Recreation Department

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By: _ _ _
Eddie Clark, Acting Purchasing Officer
Financial and Administrative Services Department
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APPROVED AS TO FORM:
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City of Austin
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By:;?&/~
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Law Department
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REQUEST FOR PROPOSAL ADDENDUM
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PURCHASING OFFICE
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CITY OF AUSTIN, TEXAS
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MINIATURE TRAIN CONCESSION AT ZILKER PARK
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Request for Proposal No.: GB95300132 Addendum No: 2 Date of Addendum: June 5, 1995
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This addendum is to incorporate the following changes into the above spe.cified solicitation:
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1.0 OBJECTIVE
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Delete Sentence: "The track proposed for use with this concession should weigh 16 pounds for every
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three feet of steel."
NOTE: Company shall provide a 16 inch gauge track.

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ALL OTHER TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT.
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BY THE SIGNATURES affixed below, Addendum No. 2 is hereby incorporated and made a part of the
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above-cited Request for Proposal.

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APPROVEDBY,
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Purchasing Office
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ACKNOWLEDGED BY:
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Supplier Authorized Signature Date

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RETURN ONE (1) COPY OF TIDS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
AUSTIN, TEXAS PRIOR TO BID OPENING WITH YOUR SEALED BID. FAILURE TO DO SO
MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR OFFER.
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L.
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PURCHASING OFFICE
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CITY OF AUSTIN, TEXAS
MINIATURE TRAIN CONCESSION AT ZILKER PARK
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This addendum is to incorporate the following changes into the above specified solicitation:
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1.0 OBJECTIVE
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Delete Sentence: 'The track proposed for use with this concession should weigh 16 pounds for every
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three feet of steel. Company to provide a 16 inch gauge track."

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ALL OTHER TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT.
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BY THE SIGNATIJRES affixed below, Addendum No. I is hereby incorporated and made a part of the
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ACKNOWLEDGED BY:
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Supplier Authorized Signature Date

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RETURN ONE (1) COPY OF TinS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
AUSTIN, TEXAS PRIOR TO BID OPENING WITH YOUR SEALED BID. FAILURE TO DO SO
MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR OFFER.
TY 0 F A US TIN ,_T 1 S
Purchasing Offic'
REQUEST FOR PROPOSAL
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SOLICITATION NO.: GB95300132 COMMODITY/SERVICE: MINIATURE TRAIN CONCESSIOl\
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AT ZILKER PARK
DATE ISSUED: MAY 8, 1995 CLOSING DATE AND TIME: JUNE 7, 1995 AT
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3:00 P.M., II COMMODORE PLAZA, SUITE 15.120,
206 E. 9th STREET, AUSTIN, TEXAS 78701
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REQUISmON No.: 860JJC00101
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PRE-PROPOSAL DATE AND TIME: MAY 17, 1995
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AT 10:00 A.i\1., BARTON SPRINGS POOL,
2201 BARTON SPRINGS ROAD, AQUATICS CONFERENCE
ROOM #1, AUSTIN, TEXAS 78704
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FOR TECHNICAL INFORMATION CONTACT:
Tana Goodwill, 512/499-6723
****** NOTE: ct
BIDDERS ARE REQUIRED TO SUBMIT TWO (2) SIGNED COPIES OF ENrIRE BID ******
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SOLICITATION TO:
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Au..d-\\A )T~~ '!&( Olt

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Signarure of }?e,rson Authorize t · Bid Signer's Name and Title: (Please rint or type)
FEDERAL TAX ID NO . .:ltii./-'?tf-'5'~<.o ~
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Phone No. (5/ i.) _<f...._'/._.l.....-_Y i.lS_ _ _ _ _ _ __

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AW ARD DOCUMENT
(This section for Citv of Austin onlv
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Dare of Award: Contract No.:

The above bid is accepted as to: Dollar Value:
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PSD 3125 Rev. Oct. 90 By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

PURCHASING OFFICE FOR CITY MANAGER
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PURCHASL'lG OFFICE
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CITY OF AL'STIN, TEXAS
MINIATCRE TRAil\ CONCESSION AT ZILKER PARK
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This addendum is to incorporate the following changes into the above specified solicitation:
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1.0 OBJECTIVE
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Delete Sentence: "The track proposed for use with this concession should weigh 16 pounds for every
three feet of steel."
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NOTE: Company shall provide a 16 inch gauge track.
ALL OTHER TERMS A:'\D CO~DITIOKS RE:vIAI>.' IN FCLL FORCE A:'\D EFFECT.
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BY THE SIG~A TCRES affixed below, Addendum No. 2 is hereby incorporated and made a part of the
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APPROVEDBY
~d Bickh , Buyer
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Purchasing Office
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ACK.NOWLEDGED BY:
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Supplier Date
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RETCRI\ ONE (1) COPY OF THIS ADDE:"lDL":\'1 TO THE PURCHASING OFFICE, CITY OF
ACSTN, TEXAS PRIOR TO BID OPEM~G \\'lTH YOCR SEALED BID. F AILCRE TO DO SO
~IAY CONSTITlTE GROLJ\l)S FOR REJECTIO~ OF YOt:R OFFER.
ATIACHMENTS
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--BIDDING AND OTHER INSTRUCTIONS, 2 PAGES
--STANDARD PURCHASE TERMS Ai'ID CONDmONS, 4 PAGES
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--SECTION I, PROPOSAL REQUIREl\.1ENTS, 6 PAGES
--SECTION Il, SCOPE OF SERVICES, 5 PAGES
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--SECTION III, STAND ARD CONTRACT PROVISIONS, 9 PAGES
--HRC 0002, WORK FORCE REPORT FORM, 1 PAGE
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--HRC 0001, NON-DISCRIMINATION CERTIFICATION, 1 PAGE
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--MBEJWBE SUBCONTRACT DISCLOSURE FORM AND INSTRUCTIONS, 5 PAGES
--"NO BID" REPLY FORM, 1 PAGE
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NOTE:
The undersigned agrees, if this bid is accepted within I 0 g calendar days (90 days unless a different period is
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inserted) after date of opening, to fully comply in strict accordance with the invitation for bid, specifications and provisions
attached thereto for the amounts shown on the accompanying bid.
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HUMAN RIGHTS COMMISSION

Poat Office Box 1088 9 DATE OE THIS REPORT
Austin, Texas 78767-8834,
VORK FORCE REPORT ::fv.J'\ \".'._ lo ' \ 9 q 5'

JI firm~contractors which provide for the expendillJre of $2,000.00 or more OR who employ fifteen (15} or more employees who fumish labor. matenaJs. goods. c
_, ·es pursuant to a contract with the City of Austin are reouired to complete this form.
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NAME OF FIRM AREA CODEtPHONE NUMSE;:
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t tOt> ~ov\.~ Fir~ S~~t:, \ l .J>;fC...)
ADDRESS CITY STATE ZIP CODE
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NOTE: USE MOST RECENT PERSONNEl. INFORMATlON
TOTAL NO. NATIVE
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WHITE BLACK HISPANIC ASIAN OTHER
JLL-TIME EMPLOYEES EMPLOYEES AMERICAN
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MALE FEMALE M F M F M F M F M F M F
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MINISTRATIVE & MANAGERIAL I f
OFESSIONAL &.+ 't
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CHNICAL I I I
LES WORKERS
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FICE & CLERICAL
Ll..ED WORKERS
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:NTICES I I I
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~SONAL. TEMPORARY & PART-TIME I I I

TOTALS
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1b.r ov...r ,j<.tv\t ti::nh""~, h ~u\''1-l ~ fcoflr;,·o-x..l
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representation of facts will disqualify the firm.

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IORITYM'OMEN PERSONS AND MINORITYM'OMEN-OWNED BUSINESS ENTERPRISES.

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MiA<Mtty group members under tne

1rity Purt:hasing Ordinance 870219-0 as amended are: Blades, Hi!!P311ics, Native Americans. and Asians-Pacific nativea who are ciliZens ot lhe United States
Nfully admitted resident aJiens. Women are females who are citizens of lhe United Slates or lawfully admitted resident aliens. A minority-owned or women-ownea
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'less enterpn·s.e is generally de tined as one which is at least fifty-one percenllJm (51%) owned by one ormore minority persons or one ormore women respactJVery;
1 case of a publicly owned busine,ss, at least fifty-one per centum (51%) ot all da.ues of the stock of which is owned by one or more minority person.s.twomen.
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J am not a Minority-Owned/V\/omen-Owned Business Enterprise.

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J am certified by the City of Austin as a Minority-Owned_Lor a Women-Owned _Business Enterprise. Date of last
~ertification: EX'.f\r-~s ~{co/q<.o c..,-h.C..:t.~~ c.'3 ..f-z.>.r ~e~:> Of.>h~ 1JW.. i..v~'c.k
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.I am a Minority-Owned/Women-Owned Business Enterprise, but have not been certified by the City of Austin.
-'. Specific detint1ions as adopted by Ordinance 870219..Q as amended will be provided to you upon t9q\Jesl It you desire to apply to the City of Austin for
.aon, mmed1ately contact the Office of Minority Business Atfairs at (512) 499-2022.
0002 Rev 05192

1,;11 y v1 J-\usun, 1exas
UMAN RIGHTS COMMISSIO.
NON-DISCRIMINATION CER.ICATION
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TO: CITY OF AUSTIN, TEXAS
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I hereby certify that our firm conforms to the City of Austin Ordinance No. 72-0615A as reiterated below:
ARTICLE IV. Non-Discriminatory Employment Requirements of Contractors.
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Sec. 2-14. Requirements of contractors.
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(b)(1) Not to engage in any discriminatory employment practice defined in thls article.
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(2) To take affirmative action to insure that applicants are employed, and that employees are treated during employment,
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without discrimination being practiced against them as defined in this article. Such affirmative action shall include, but
not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or
termination; rate of pay or other forms of compensation; and selection for training or any other terms, conditions, or
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privileges of employment.
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(3) To post in conspicuous places, available to the employees and applicants for employment, notices to be provided by
the Human Rights Commission setting forth the provisions of this article.
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(4) To state in all solicitations or advertisements for employees placed by or on behaff of the contractor, that all qualified
applicants will receive consideration for employment without regard to race, aeed, color, refigion. or national origin.
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(5) To obtain a written statement from any labor union or orQanization furnishing labor or service to the contractors in which
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said union or organization has agreed not to engage in any discriminatory employment practices as defined in this
article and to take affirmative action to implement the policies and provisions of this article.
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(6) To cooperate fully with the City of Austin and the Human Rights Commission in connection with any investigation or
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conciliation effort of said H urnan Rights Commission to insure that the purpose of the provisions against discriminatory
employment practice is being carried out.
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(7) To require compliance with the provisions of this article by all subcontractors having fifteen or more employees who
hold any sub-contract providing for the expenditure of $2,000.00 or more in connection with any contract with the City
of Austin subject to the terms of this article.
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(8) All participating contractors shall respond to any such interrogatory from this Commission or the City of Austin related
to employment practice under any provision of this article.
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Dated this {, ~ day of _Ji:_..;;..CA._f'\..;..e..=----- . 19 q 5" .

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Authorized Signature _ _Q__.__.,,,_L__,-
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HRC-Ooo1 (Rev 5192)

~,f
E PARTICIPATION FO~}'
Vendor Te..~~ s Spec.\ Cl\ ·

"""'rJress I\()Q Sc1r,+h f,·£+0 S\H'<t
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Phone No. ( £' 11) 441- 'i8tj 5" IFB/RFP/RFQ No .......\-\1...LJM._._.9_..L\-...,..'<_ __
?;\k~x- ~k PROJECT MANAGER
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PROJECT NAME Tro..tV\ w..u ss;c"' =fPM La._rk,\ 'II\
Total Contract S 6001ot:i(). cu (ttl-)
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Total Subcontract S ~ .?- S- 1CXXJ ·co
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MBE Goal: 10% Actual% .25"7Q Dollars($) l2.f; 1 C6C.oo
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WBE Goal: 5% Actual% ( S '].,, Dollars ($) 'J 5 coo . CD
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*For Professional services please refer to instructions. .
~~i,,~i~~i:~iiJN:~~iR~llt•iBl!ilf•&i~~lr~i,~~fi
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As required by City Ordinance No. 870219-Q as amended, below is a list of all proposed M/WBE Subcontractors to be utilized in the
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execution of this contract. Bidder shall also use Part D of this form to furnish a final list of the balance of all other proposed Subcontrac-
tors and suppliers not later than five (5) calendar days after being notified that you ,,. the apparent low bidder. 1.<M<ll.il R~
Name of Subcontractor Ro..1,,d Res.Ct. eCr'\ s±r'-'.<: h OY\
ct City of Austin Certified: M~WBE ::i
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Address q 0 5 :5 h c.. '\:J L:>..ne... ·
ks h·"' T~ Zip __,1'"""~'--1.,_,0""""'2,=---
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City State
Name of Contact Person Ro...u. \ Ro> v.. .....b
Phone Number ( 5• 2.. ) ___."!>-=g_5:...--lf __O=-O-_ _ _ _ __
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1unt of Contract l' \'2 5 1D 0 ~- ..::; c % of contract .2 $' ~o

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M &- /v\ 5 r~\a..l t\ e.. $ \ J::A~ · ~

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Name of Subcontractor City of Austin Certified: MBE Cl WBE

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Address P. 0. &,~
5"44-
c;ty 'f:f\~e.r v·\\ \c State l .W"-~ Zip 1 g bq l
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Name of Contact Person Me.\ Lr'\\ e.. Pk~\\.:fS Phone Number ( Sl L) -~____.;.\_-=2'-'\_,_\"""b'--------
Amount of Contract: ~15"1 ODO.6C % of contract_f_S"_ _ __
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I have read and understand the instructions, have completed and attached the proper section, and certify the
Jrmation as true and accurate:
~;ame (print or type) ~J.v k~\,
Authorized Signature _ -'t)j-J-- ?JJi)i L~
EXECUTIVE SUMMARY
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Texas Special, a joint venture of Tom Larkin and Endless Options, Inc., hereby submits the
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attached proposal to install and operate a 16" guage miniature railway concession in Zilker Park.
Our goal is to provide a safe, reliable and environmentally friendly recreational facility that
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complements and enhances this beautiful Austin landmark.
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Our company has assembled a highly qualified team of local professionals to draft and
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implement our proposal. This team includes a Chief Engineer and a Track Engineer/Safety
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Director, who both work for central Texas railroads, an Environmental Engineer who is the
president of an Austin engineering firm, and a Technology Manager, Mike Radovanov, who is
the president of a manufacturing facility in East Austin, Rad-Tee Fabricators, Inc. These train
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enthusiasts will contribute their time as necessary based on long-term consulting contracts.
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Both Tom Larkin and Jewell Parker, owner and president of Endless Options, Inc., are long-time
residents of Austin. Endless Options is a minority-onwed business certified by the City of
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Austin. Our team of local professionals not only have tremendous expertise, we have
tremendous interest in preserving Barton Springs, Town Lake and Zilker Park. This is our home.
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Additionally, we will use materials and labor procured locally from minority-owned and women-
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owned businesses, to the extent possible, for this concession.

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As detailed in our proposal, we want to significantly improve this concession. We will do so by

upgrading the equipment with top quality, non-polluting trainsets, repairing and extending the
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track, and adding a beautiful second depot. We have recommended solutions and alternative
options for each of these components, and are very willing to incorporate the ideas and concerns
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of all interested parties to develop a premier facility for the City of Austin.
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To insure minimal inconvenience to park patrons, Texas Special has proposed an implementation
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schedule which allows completion of our improvements in a timely manner while

acknowledging the challenges we face. If awarded the contract, we will take the following steps
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prior to contract commencement. Texas Special will purchase and rebuild the best 16" inch
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guage train available. This train will be converted to operate on compressed natural gas, the
cleanest and safest fossil fuel. We will attempt to purchase the existing track to accomodate the
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current vendor. All materials and equipment necessary to bring this track up to industry
standards and to protect our park will be ordered. Permits, insurance and other regulatory
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matters will be initiated. Finally, all operating, maintenance and training policies and manuals
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will be prepared.
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On the contract start date, October 1, 1996, which will coincide with the end of the busy season,
we will initiate major improvements to the existing track. These improvements will address the
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current structural problems resulting from improper grade and drainage, and replace materials
and components neglected by improper installation and/or maintenance. We propose to retain
the current route to minimize down-time and environmental concerns. Our management team
will hire and train employees, extensively test our new train, and cooperate with the City's
planned replacement of the existing depot. We believe that these objectives can be accomplished
in approximately three months, and the concession should reopen before the end of the year.
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This will allow adequate time before the spring season to work out any kinks in our system.
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During 1997, Texas Special will operate a top quality train concession with the new track, train
and depot. Simultaneously, we will undertake the second major phase of our project: building a
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new electric train, installing approximately 2,000 feet of new track and constructing a beautiful
second depot. A new 16" guage electric train will be built based on Rad-Tee's electric
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locomotive currently used in mining applications. This custom state-of-the-art train will
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incorporate the very latest in truck design, with modern wheels, suspension, brakes and couplers
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far better than those used on any 16" guage train. Electric power is ideal for train propulsion and
is commonly used by today's railroads. However, we will use high-tech batteries as a power
source, instead of the diesel engines other full-size railroads use to run generators which supply
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the electricity used to power the train.
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Construction of the track extension and the second depot, including any unforeseen problems or
delays, will not impact train rides on the existing track. Also, the new electric train can be
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extensively tested on the current track prior to being put into use. Once the track extension,
depot and electric train are ready for use, a simple switch can be installed at the end of the
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current track which will allow full use of the new facility without any significant down-time.
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In addition to greatly improved facilities, Texas Special will promote a new theme. We refer to
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it as "Edutainment." Austin has a long and rich railroad heritage which our children, train
enthusiasts and the public in general should experience. Our first miniature train will be named
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the Austin Eagle, after the Missouri Pacific's Eagle, and will be adorned in blue and cream, with
the distinctive Eagle logotype fashioned from stainless. The new electric train will be named the
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Texas Special, after the Missouri-Kansas-Texas Railroad's premier train, renowned for its prompt
service and friendly personnel. It will regale in crimson and stainless, accented with maroon and
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yellow. This historic theme· would weave throughout our operation.

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We have proposed two options for our new second depot, to be located immediately east of the
Mopac Bridge parking area. The first is a low-key ticket outlet closely resembling the Capital
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Metro kiosk at Congress Avenue and Fifth Street. This would be less obtrusive, yet provide an
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attractive and functional terminal. The second option is a small-scale replica of Austin's first
major railroad depot, which was refered to on Wednesday, May 23, 1888, as the "Gem of the
State" by the Austin Daily Statesman. It was sited on Congress Avenue and served as the center
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of public transportation during an era when train travel was at its zenith.
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We hope that it is obvious from our proposal that our vision for this concession is to make it
more than just another amusement ride. We want our children to play and learn in a safe,
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wholesome environment, and we will not lose sight of the fact that this is a children's ride in a
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sensitive natural environment.

PART I BUSINESS ORGANIZATION
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The name of our company is:
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TEXAS SPECIAL
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We are a joint venture comprised of Tom Larkin and Endless Options, Inc. Endless Options is a
minority-owned business certified by the City of Austin.
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The office for this project is:
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1100 South Fifth Street
Austin, Texas 78704
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(512)442-4845 Fax (512)447-2113
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PART II - SYSTEM CONCEPT AND SOLUTION
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The City of Austin seeks a contract with a qualified and experienced individual or company to
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provide a 16 inch guage track, miniature train concession which is compatible with other
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recreational activities in Zilker Park. Proposals should include a second terminal and extension
of the track to the parking lot under the south side of Mopac. Proposals should minimize any
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negative environmental impacts including noise and should utilize a non-polluting fuel source.
Seating should be accessible to all users. Minimum hours of operation will be 7 days a week
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from May through September and on weekends during the remaining months. The minimum
contract length for this concession will be 5 years with one extension of 5 years.
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Texas Special proposes to furnish, install, own, operate and maintain a quality miniature railway
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concession meeting all of the City's requirements. This concession will be fully compatible with
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other activities in Zilker Park, address all environmental and access concerns, and emphasize
safety and reliability. We will improve and extend the track, and provide a second depot
immediately east of the Mopac Bridge parking area. Texas Special will operate two quality, non-
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polluting trains, one powered by natural gas and the other by electricity. We will comply with
all applicable rules and regulations of Federal, State and Local governing entities, and with the
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terms of the Request for Proposal.

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Texas Special will operate 7 days a week from March through November and on weekends
during the remainder of the year. Our normal hours will be 10 a.m. to 6 p.m., weather
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permitting.
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We request a 10 year contract with two 5 year extension options to enable us to amortize our
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significant capital investment and to realize a reasonable return on our investment.
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PART lil PROGRAM
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A. SCOPE OF SERVICE
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We have divided this section into the following major categories for easy reference:
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1. ROUTE
11. TRAIN EQUIPMENT
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iii. TRACK
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tv. MOPAC DEPOT
v. IMPLEMENT ATI ON TIMETABLE
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vt. ALTERNATIVE OPTIONS
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1. ROUTE
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We propose to extend the track to the Mopac Bridge as depicted by the attached diagram (see
attachment A). In keeping with our desire to minimize disruption of service and changes in
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existing land use, we will utilize the existing track layout with only minor changes to enhance its
function and safety. These improvements would be limited to straightening the track in a few
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areas where it ripples unnecessarily to provide a smoother ride with less wear and tear on the
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equipment, and moving the track a foot or two away from a few trees which currently present a
safety hazard.
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The track extension would begin at the end of the current loop and continue westward along
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Stratford Drive to immediately east of the Mopac Bridge parking area. This extension route was
chosen for several reasons. The low-lying marshy area, immediately west of the existing
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turnaround loop, is circumvented to preclude any damage to this sensitive habitat. The contour
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of the land best lends itself to this route, and it is the least obtrusive to the natural setting along
the Hike and Bike Trail. Finally, it provides the closest practical access to the Nature Center.
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After repairing or replacing the existing track, we will operate on this section until the extension
is completed. After incorporating the extension, we will retain the loop at the end of the existing
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track to accomodate shorter rides during slower times, such as off-season weekdays. The track
extension will add about 10 minutes, not including loading and unloading, to the current 20
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minute ride. Riders will be able to embark or disembark at either depot. One ticket would be
valid for one round-trip ride.
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TRAIN EQUIPMENT
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11.
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Texas Special will provide the highest quality equipment possible for this concession. Since we
have been unable to locate a manufacturer of new 16" guage trains, our options include
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purchasing and rebuilding existing equipment, or fabricating new equipment. We have decided
to make use of both options.
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First, we will purchase the best used 16" guage train available. This is the G-16 Miniature Train
made by the Allen Herschell Company, which was at the time of manufacture the world's largest
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manufacturer of miniature trains and equipment (see Attachment B for picture and Specification
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Sheet). The G-16 is modeled after the famous F7 Locomotive made by General Motors. Its
coaches are of steel construction with one side closed for safety.
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The G-16 is powered by a "V" type, 4 cylinder, 4 cycle Wisconsin 26 H.P., air cooled industrial
engine. We will convert the fuel source to compressed natural gas (CNG) with the assistance of
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Rad-Tech Fabricators, Inc. 's subsidiary, Carburetion Labs International. This requires minimal
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changes, primarily to the carburetion system. We have selected CNG because it is utilizes
proven technology, is simple to implement and is safer and cleaner than alternative fossil fuels.
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The ignition temperature is almost 50% higher than propane or gasoline. Propane, like gasoline,
is a liquid at normal temperature, and can cause ground contamination if spilled.
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The G-16 will incorporate two locomotives in tandem, with power units synchronized and
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controlled from a single set of controls. Seven coaches will be utilized which seat twelve adults
and/or children each for a total of eighty-four passengers. Since each of the two locomotives was
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designed to pull up to six loaded coaches, there should be no problem with this lesser load. The
two locomotives will also provide back-up if one locomotive is under repair and will allow two
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smaller trains to be operated simultaneously, if desired, with the extended track.
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Although this train is approximately the same length, width and height as the "Amtrak" train
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currently operating in the Park, it is a more modern model and will be in "like new" condition .
We will have the train completely rebuilt by the seller, D.F. Barnhardt & Associates. Their
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associate in Big Spring, Texas, Mr. Jimmy Hoggard has been renovating these trains for many
years and is highly regarded within the industry. He has assured us that there will be no problem
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procuring this equipment and that he can completely rebuild the train to the original
specifications.
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Other important attributes of the G-16 include the truck design which is considered the most
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important factor in train design. Frames, brakes, load suspension, and springs of the G-16 were
copied faithfully from operating streamliners. Air operated brakes with two brake shoes on every
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wheel of the entire train are utilized. In summary, no other 16" guage miniature train of this era
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can compare with the design features of the G-16.

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In addition to the rebuilt G-16, we will custom fabricate a 16" guage electric powered locomotive
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with seven coaches (see Attachment C). This second train will again have almost identical
dimensions to the "Amtrak" train currently operating in the Park, but will utilize the very latest
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truck design, with wheels, suspension, brakes, and couplers far better than those used in any
previous 16" guage train. Most importantly, we will incorporate a modified version of Rad-Tee's
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existing electric locomotive. This will be accomplished by the collaboration of Mike

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Radavanov, president of Rad-Tee, Texas A&M's South Central Electric Vehicle Consortium and
at least one major miniature train manufacturer. All of these parties are eager to participate in
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this cutting-edge project because of their desire to develop a battery-powered electric locomotive
to operate in parks and indoor applications.
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Electric power is ideally suited for train use and, in fact, is commonly used to power many of
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today's trains. The difference is that while locomotives typically use diesel fuel to run generators
which produce the electric power necessary to propel the train, Texas Special will utilize a high-
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tech motor and controller and state-of-the-art batteries. The batteries will be recharged at off-
peak hours by an electrical source ranging from single-phase, 110 volt to three-phase, 480 volt,
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depending on the charger used. Since the electric motor power output is ideal for this
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application, the train should only require about 30 kWh of electricity per day, and with a 6.6 kW
charger, should be fully recharged in 5 hours. Charging costs will only be a few dollars a day.
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Batteries should last approximately 3 years.
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Rad-Tee has been manufacturing and selling its electric locomotive for many years for use in
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mining applications in which fossil fuels are too dangerous. Their locomotive can pull up to
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80,000 pounds working up to an 8 hour day. This capability is adequate for our needs, and after
being redesigned to incorportate modern technology, should provide many years of reliable
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service. New design technology developed by such leading electric power advocates as Texas
A&M 's Texas Engineering Experiment Station and the South Central Electric Vehicle
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Consortium, high-tech motors and controllers, and most importantly, highly efficient batteries
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produced by Electrosource and others, have made this application not only possible, but very
practical. Texas Special has already determined the specifications and brand components
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necessary to produce this state-of-the-art electric train. In addition to the use of electric power,
which is undoubtedly the cleanest, safest and quietest fuel source practical for the train, Texas
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Special plans to implement a solar- powered recharging system to complete our environmentally-
friendly power source.
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Both of our trains will be upgraded to increase the comfort of their passengers. At a minimum,
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they will be fitted with weather-proof seat and back cushions. The newly fabricated Texas
Special electric train will provide slightly more legroom than its predecessors. Both trains will
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be decorated and detailed to reflect the rich heritage of the Austin railroads. The G-16, which
will be named the Austin Eagle, will be adorned in the blue and cream of its namesake, with the
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distinctive Eagle logotype fashioned from stainless. The Texas Special will regalfin crimson and
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stainless, accented with maroon and yellow.

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Ill. TRACK
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The condition of the concession's track is of primary importance. To underscore the necessity for
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improvement, we will summarize some of the most serious concerns associated with the existing
track, and then detail our proposal which will address these concerns. The major structural
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problems are that the track is often below the grade of the existing Hike & Bike Trail or open
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area, and no ballast is utilized to allow drainage. Equally important is what our expert track
consultant refered to as "no evidence of an ongoing maintenance program." Together, these
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major concerns amount to what the general superintendent of a local railroad company termed an
"attractive nuisance." Some of the specific problems resulting include rotting, buried and
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missing ties, waslied-out sections, spikes which are unattached to the rail and can be pulled out
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by hand, rails and train equipment damaged due to the friction caused by their contact with the
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dirt, cracked and worn rails which are improperly guaged (ranging from at least 15 and 3/4" to
16 and 112"), and are either unlevel or incorrectly banked.
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To address these concerns, Texas Special will first attempt to purchase the existing track at a
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price determined by a third party appraiser (the appraiser could either by appointed by the City,
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or agreed to by the current vendor and Texas Special). If purchased, we would immediately
bring the track up to industry standards. We would also extend the track to Mopac Bridge using
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high quality materials and methods. The project will be completed under the supervision of
Mark D. Dixon, Vice President of Engineering and Safety Director for the Georgetown Railroad
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Company, utilizing experienced professionals.
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Our goal will be to provide a safe and reliable concession while minimizing the inconvenience to
Park patrons and negative environmental impact. To address the current problems, we would
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first work closely with the Parks Department to insure adequate drainage around and through the
track. This would include appropriate grading, installing drain pipes and building adequate
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retaining walls to prevent soil erosion (the operation of this train is interactive with the Hike &
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Bike Trail, and cooperation between the vendor and the Parks Department is essential to the
integrity of the concession). We would replace damaged ties with pressure-treated lumber (see
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environmental impact section) as neccessary and install ballast to allow adequate drainage
around the ties. Damaged rails, and missing or unattached spikes would be replaced. Trusses
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would be strengthened as necessary to insure structural integrity. Minor changes would be made
to straighten the track in a few areas to provide a smoother ride with less wear and tear on the
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equipment, and to move it a foot or two further from a few trees which currently constitute a
safety hazard. Finally, rails would be correctly guaged, leveled and banked.
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Equally important, an ongoing maintenance program would be initiated which would insure the
safety of the track and ultimately result in the total replacement of the existing creosote ties.
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The track would be extended by adding a switch at the end of the current turnaround loop, and
installing track westward along Stratford Drive to immediately east of the Mopac Bridge parking
area. Texas Special will use 20 pound track for all new track constructed since 16 pound track is
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no longer manufactured. This will be tied into the existing 16 and 12 pound track. Repairs
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would then be made with the appropriate weight track. Recycled 16 pound track can be procured
in limited quantities and 12 pound track is currently manufactured. If we do not purchase the
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existing track, all track would be 20 pound.

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The track extension would conform to high quality standards. Engineering services, survey
work, permitting and fees would all be underwritten by our company. Sitework would include
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filling and grading the route, and installing drain pipes and retaining walls to insure the structural
integrity of the track. Sub-grade preparation and sub-ballast would be provided and tamped to
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dress it properly.· Experienced professionals would install approximately 2,000 feet of additional
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16" guage track using 6" by 6" .40 CCA treated ties, new 1/2" by 4" spikes along with the
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required switches. Rock for ballast and cover stone would provide adequate drainage and
accomodate road and/or pedestrian crossings as desired by the Parks Department. All work
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would conform to code and industry standards and would minimize inconvenience and
environmental concerns.
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1v. MOP AC DEPOT
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It is our understanding that the Water and Wastewater Department, in cooperation with the Parks
Department, will replace the existing train depot. This work is expected to be scheduled to
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coincide with the selected operator's improvements to the train concession. We will therefore
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focus on the additional depot near Mopac. However, we would certainly appreciate the
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opportunity to participate in the design process for the existing depot's replacement in keeping
with our theme of the best concession for the City.
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Texas Special proposes two options for our new second depot. The first is a low-key ticket outlet
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closely resembling the Capital Metro kiosk at Congress Avenue and Fifth Street (see Attachment
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D-1). This option would be less obtrusive, yet still provide an attractive, functional terminal
complete with cash register, radio and communication equipment and telephone. The second
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option is to construct a small-scale replica of Austin's first major railroad depot, to offer a
glimpse of Austin's fascinating train heritage.
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On Wednesday, May 23, 1988, Austin's new Passenger Depot was touted as the "Gem of
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The State" by the Austin Daily Statesman. With its elegant archways and tasteful
combination of brick, granite, terra cotta, and cast iron detailing, it represented on of the
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best examples of 19th century craftsmanship in the State. The depot, measuring 36' by
168', was sited on Congress Avenue, serving as the center of public transportation during
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an era when train travel was at its zenith.

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The proportions of the original depot allow a scaled-down replica to be built, retaining the
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overall relationships of the architectural elements, using modern structural material and methods.
These dimensions could be approximately 24' by 16' with a 9' diameter turret (see Attachment D-
2). The turret would serve as the ticket booth while the rectangular part of the structure would
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serve as a covered passenger waiting area with bench seating and ceiling fans (no trees are in the
immediate area). If approved by the City, tasteful newspaper articles and pictures carefully
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selected from Austin's past, under plastic display cases mounted on the depot's interior walls,
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could provide a further glimpse of Austin's rich train heritage.

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We propose to construct either depot immediately east of the current parking area under Mopac
Bridge to utilize the parking area without reducing the amount of parking. Placing the depot
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closer to Stratford Drive provides the closest access to the Austin Nature Center. We are also
open to suggestioi; as to the exact location of the depot. If the kiosk is selected, bench seating
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similar to that currently being used would be installed.
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v. IMPLEMENTATION SCHEDULE
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Our primary concern with regard to the timing of our improvements is to insure a safe and
reliable concession while causing the minimum inconvenience possible for Park patrons. To
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accomplish this objective, we propose to phase in the improvements according to the following
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schedule (it is our understanding that a new vendor would not be allowed to initiate on-site
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improvements until October 1, 1996).
Tasks prior to 10/1/96:
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Negotiate purchase and rebuilding of G-16 train (incl. conversion to natural gas)
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- Negotiate purchase of existing improvements from current vendor
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- Determine improvement necessary for existing track
- Order steel rails and other track equipment needed for improvements
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- Prepare all operating, maintenance and training policies and manuals
- Obtain all necessary permits, insurance, etc.
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10/1/96 to 12/31/96
- Make improvements to existing track
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- Hire and train additional employees needed for daily operation

- Test G-16 train extensively
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- Finalize all administrative matters including ticket sales, accounting, etc.

Work with City to replace existing depot
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1/1/97 to 2/28/98
- Operate train concession with new track and equipment
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- Develop and test new custom electric train

- Obtain permits, etc. to construct track extension to Mopac and new depot
- Construct track extension and new depot
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3/1/98
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- Grand Opening of track extension and new depot with new Texas Special electric train
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v1. ALTERNATIVE OPTIONS

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Texas Special is very willing to work with the Parks Department, the City Council and all other
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interested parties to insure that everyone's concerns and desires are incorporated to produce the
best possible concession. The following options have been identified.
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Route: The route seems to be fairly obvious with the exception of the extension to
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Mopac. We would be happy to construct our track extension along the Hike & Bike Trail if that
is deemed preferaple. It would allow access to the large open greenbelt between the Hike & Bike
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Trail and Stratford Drive, without crossing the train track.
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Train Equipment: If necessary to accomodate the current vendor, we would consider
purchasing his equipment and rebuilding it, although the existing equipment would not be as
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good as the proposed G-16 trainset. Also, if desired, we could build the electric train initially,
and have it online by 1/1197. However, since we are building a custom prototype, we believe it
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to be more prudent to delay its implementation until considerable testing has been accomplished.
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Track: If the current vendor does not want to sell his track, we will replace the existing
track from scratch and retain the proposed timetable (subject to the existing track being removed
immediately after the termination of the existing contract). We would be willing to use 12 or 20
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pound track.
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Mopac Depot: In addition to the two options previously mentioned, a third option would
be to duplicate the depot to be rebuilt at the current site. Any of these structures could also be
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installed under the bridge in the current parking area to shade the facility and park patrons and
could be placed closer to the Hike & Bike Trail, especially if the track ran along this route.
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Implementation Schedule: We are flexible with regard to the timing of our

improvements. A conservative schedule has been proposed to allow for contingencies. For
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example, we could initiate construction of the track extension in conjunction with the rebuilding
of the existing track, if necessary. However, since more involved permitting is required in
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addition to such measures as soil testing, we are concerned that trying to bring the track
extension online initially could increase the concession's down-time and inconvenience park
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patrons. We also prefer to wait until we have our new electric train online, however, its
development could also be expedited if necessary.
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B. LENGTH OF CONTRACT
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Texas Special requests an initial contract term of ten (10) years with two five (5) year extension
options. The initial ten-year term is necessary due to the large capital investment required for
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this concession, and the stipulation that all permanent concession facilities become the property
of the City. In other words, it will take approximately ten years to amortize the cost of the fixed
improvements given the expected cash flow of this concession. We fully intend to maintain the
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facilities in top condition which will require a continual reinvestment in fixed assets. This long-
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term contract should also serve to minimize future interruption of services.

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Additionally, we are a for-profit business and would like to eventually realize a reasonable return
on our investment. This can be accomplished itwe provide a quality concession, and the City
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allows us to exercise the two options.
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C. MARKETING PLAN
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We will implement an effective marketing program to make the public aware of our concession
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without "Disneyfying" this Austin tradition. We do intend to significantly increase ridership,
but in a very tasteful and fitting way. Zilker Park is simply too precious to over-commercialize.
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We will accomplish our objective as follows.
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If the grander Austin Depot is selected, it will serve as a landmark for train enthusiasts, young
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and old. This scaled-down replica of Austin's original train depot would provide tremendous
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visibility for vehicles on Stratford Drive, joggers and pedestrians on the Hike & Bike Trail, and
Zilker Park visitors in general. Visitors would be able to rest under the covered but open
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structure while perusing the historical facts and pictures adorning the interior walls. In any case,
having two points of sale should increase ridership as will the ability to shuttle to Barton Springs
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and the Austin Nature Center. Exterior signage will be kept to a minimum, reflecting only
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directional, informational and safety concerns.
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Both the Austin Eagle and the Texas Special trainsets will be decorated and detailed to reflect the
rich heritage of the Austin's railroad history. Marketing pieces and donated articles such as
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Attachment E will generate tremendous enthusiasm from train afficionados and casual readers as
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well. We refer to our product as "Edutainment" whereby we provide an attractive amusement
while "soft-selling" a history lesson to our customers.
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The target markets will be local school-children and their parents, retired people and the general
public in that order. We will affiliate ourselves with as many charitable organizations as
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practical. In particular, we would like to offer free rides to handicapped children during the less
busy weekday hours. We believe that this is the societally-concious thing to do. It will also
generate goodwill. We will communicate with all area schools on a regular basis to inform them
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of our services. If approved by the City, we would like to allow local charitable organizations to
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sell tickets and keep a portion of the proceeds.

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We will make use of extensive free publicity in locally-oriented newspapers and magazines and
provide informative articles with either a historical or environmental perspective for them to
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print. This will be supplemented by promotional materials provided to the Chambers of

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Commerce, Convention and Visitor's Centers, local hotels and the Texas Department of
Commerce Tourism Division. We will also make use of local radio spots to announce our grand
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openings and special events. Trade journals will receive articles on our new electric train which
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should be very,.received by the industry.

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All marketing efforts will be tastefully undertaken and primarily geared toward children, parents
and train enthusiasts.
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D. SAFETY PLAN
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Safety is our foremost concern. We will insure the safety of our passengers, employees and
pedestrians. This. will be accomplished through employee screening, education and training,
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utilization of the safest equipment available, track and equipment maintenance, comprehensive
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operating polices, and adequate supervision.
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Employees will be screened prior to employment by Norrell Staffing Services. Applicants will
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complete an employment application detailing job skills, work experience, education, and
employment references, and an Employment Eligibility Verification. References will be
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checked. We will interview each employee to evaluate his or her skills, ability to interface with
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the public, maturity and stability, motivation, and overall suitability for the work required. For
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train operators, Norrell will check with the Circuit Criminal Division, Clerk's Office, for
information on traffic violations, misdemeanors and felonies.
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Employees will undergo initial and continuing education and training to insure their
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comprehensive understanding of their job requirements and procedures. tJ\6nH1ly safety meetings
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will be held. Key employees will be trained in an approved First Aid and CPR course. Training
and procedural manuals will be reviewed and updated as appropriate by our Chief Engineer
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and/or Safety Director. Employee suggestions will be requested and incorporated as appropriate
into standard operating procedures.
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Train equipment will be of high quality and maintained in excellent operating condition. This
will include a regular maintenance schedule devised by our company's Chief Engineer, and our
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Track Engineer/Safety Director. Both CNG and electricity are very safe fuel sources. Train
equipment will be checked daily for performance, secure components, and clean, grease-free
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condition. Tracks will also be inspected daily to check the condition of ties and ballast, shifting
or washed-out areas, loose spikes or splice bars or any evidence of vandalism to the track and
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switches. A rolling track guage will be used to monitor changes in guage and differences in
elevation of one rail above the other.
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Each car will be equipped with brakes on all wheels. Air whistles or horns will be operable at all
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times. Depots and train operators will be outfitted with hand-held radios for constant contact.
Both depots will be outfitted with an emergency weather alert radio. Trains will not operate in
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poor weather conditions or without adequate visibility. A minimum of two employees (or fcv.T'
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when both depots are in operation) will be on duty at all times. Before departing a depot, two
employees will check to make sure that all passengers are securely aboard by using hand-held
radios to communicate between them. Trains will not exceed safe speeds and will slow to a
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crawl when going through the tunnels, approaching a pedestrian or vehicular crossway, and when
arriving at or departing a depot. The storage tunnel will be equipped with motion detectors at
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either end to deter any unauthorized entry. All equipment shall be securely stored when not in
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use.
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Appropriate signage shall be used to warn of safety concerns at both depots, both tunnels, and at
any pedestrian or vehicular crossway. These signs shall advise riders to remain seated and not to
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extend their arms or legs from the coaches. Small children shall be properly supervised. No
undue loitering or: objectionable language will be allowed. The depot grounds, trains and all
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track shall be kept clean, dry and free of unnecessary debris. Anti-slip surfaces and cleaning
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products will be used. Passenger loading/unloading areas will have restricted access and shall
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allow safe and easy access to all passenger coaches. No glass containers shall be allowed in the
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depots or on the trains. Nr. s.Y"lc.hi "5 "';i1 be ~llowe o +i..1a. ~NJ..~r\1. rt.
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E. COMPLAINT RESOLUTION MECHANISM
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All complaints will be addressed by supervisory personnel and, if not immediately resolved,
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referred to the Project Manager for resolution. Complaints and suggestions will be encouraged
by an on-site suggestion box per City specifications. We will make every reasonable attempt to
resolve all complaints within 24 hours or other reasonable time period. We request that copies of
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any complaint received by the City be forwarded to us within 24 hours to allow us the
opportunity to address the complaint in a timely manner. The Project Manager will track
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complaints and take appropriate action to correct any recurring problems.
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Any safety concern identified by a customer, employee or City personnel will be immediately
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referred to the Project Manager and/or Chief Engineer. The policy manual will state that any
material safety concern will result in the immediate suspension of train rides until the problem is
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corrected.
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F. AMERICANS WITH DISABILITIES ACT COMPLIANCE

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Texas Special intends to fully comply with the letter and spirit of the Americans with Disabilities
Act Accessibility Guidelines (ADAAG). The Chief Engineer will be responsible to insure that
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the train equipment is accessible to customers with all types of disabilities, and the Advising
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Architect will insure that both depots are fully accessible. The Project Manager will have
ultimate responsibility for comp! iance.
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In addition to the ADAAG provisions incorporated into our local building codes which require
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adequate access to all public facilities, the new scoping provisions and technical specifications
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provided by the Recommendations for Accessibility Guidelines developed by the U.S.

Architectural and Transportation Barriers Compliance Board (July 1994) will be followed. Their
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recommendations presented for Recreational Facilities and Outdoor Developed Areas, and
specifically for Facilities in Places of Amusement and Transfer Access to Amusement Devices,
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will be incorporated.
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ln keeping with these guidelines, ramps and handrails providing wheelchair access from the
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parking area into the depot and onto a modified train coach will be installed as necessary at both
depots. All doorways will allow wheelchair access. The ticket counter will be accessible by an
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individual in a wheelchair.
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The width of the 16" guage train and the height restrict~on imposed by the tunnel under Barton
Springs Road pre~lude the loading of an occupied wheelchair. An adequate means of transfer is
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therefore necessary. Both train loading areas shall allow side approach transfer·with no less than
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a 32" by 42" clear space directly adjacent to the seat's edge. One coach of each train
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configuration operated shall be fitted for disabled access by altering the seating configuration to
allow additional legroom. This coach shall be in the approximate middle of the train so that
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riders do not feel that they are relegated to a "back seat." The transfer seat's bottom shall be
located at a height of no less than 15 inches and no more than 19 inches above the surface of the
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floor from which the person is transferring. Permanent transfer grips shall be added along the
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front and side wall of the modified coach seating area, and a lap bar will be installed which locks
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into position. Seat backs will be modified so they can slide up high enough to provide adequate
back support, and arm rests shall be added in each modified coach.
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To accomodate individuals with sight and/or hearing disabilities, all promotional material and
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signs at the depots will request customers to call in advance to make arrangements to accomodate
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individuals with specific disabilities. Employees and/or volunteers will be designated and
trained in advance to help these disabled persons. Mentally impaired customers will be assisted
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by employees who will be trained to assist these individuals. We believe it to be very important
to allow all individuals adequate access to our concession. We would be happy to include
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signage in both English and Spanish if considered appropriate.
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G. ENVIRONMENTAL IMPACT
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Protecting the environment is of major concern for our organization. Every phase of our
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operation will incorporate safeguards and design features to maintain the integrity of Town Lake
and Zilker Park. We not only want to preserve these natural resources, but we will take proactive
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steps to improve their quality.

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Both trainsets will incorporate non-polluting fuel sources. The Austin Eagle will operate on
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CNG, the cleanest and safest fossil fuel. CNG has an ignition temperature almost 50 % higher
than either propane or gasoline, an it is a gas at room temperature. If spilled, it would evaporate
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rather than flowing like gasoline or propane. Its fuel containers, which each run the train for
about 14 hours, will be refilled off-site about once a week, since the closest natural gas lines are
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located on the Robert E. Lee side of the Park. If additional tanks are kept on-site, they will be
stored in a safe and secure area approved by the Parks Department. We will work with the Parks
Department to determine the feasibility of running low-pressure natural gas lines to one of the
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two depots at a future date, if considered appropriate. This is the same fuel source used by many
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of the converted Capital Metro busses.

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The Texas Special will operate on electricity, the cleanest and safest practical power source for
this application. The batteries can be recharged at off-peak hours by any electrical source from
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single-phase, 110 volt to three-phase, 480 volt, depending on the charger used. We will work
with the Parks and Electric Departments to determine the most feasible source. Since the
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electric motor power output is ideal for this application, the train would only require
approximately 30 kWh of electricity per day, and with a 6.6 kW charger, should be fully
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recharged in 5 hours. Charging costs will only be a few dollars a day. Batteries should last
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approximately 3 years and will be disposed of at an appropriate hazardous waste facility. The
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batteries will be recharged following a procedure identified by our design team. This will be
done at night, in the secured tunnel with adequate ventilation. We will also explore the
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feasibility of solar power, recharging the batteries with photo-voltaic cells, once the electric train
is up and running.
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Both trains will be secured in the tunnel behind the existing depot when not in use. A leakage
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containment system shall be utilized to contain any drips or spills from grease, oil or other
contaminants while stored or serviced. If necessary, trains will also be serviced on the existing
sidetrack north of Barton Springs Road. This containment system will include a double-lined
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six-mil poly liner installed under the track bed. Since the equipment will not utilize liquid fuel
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and will be maintained in top condition by qualified professionals, no spillage is anticipated.
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However, our Chief Engineer will work in conjunction with our Environmental Engineer and the
Fire Department to insure that procedures and devices are in place to address any possible fuel
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hazard. Please refer to the map on Attachment F which details the fueling, repair and storage
site..
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As detailed earlier, we will attempt to purchase and upgrade the existing track. We believe that
this would result in the shortest interruption of service and the least environmental impact. We
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will correct the grade and drainage problems, and construct retaining walls as necessary in
coordination with the Parks Department to insure that we do not negatively impact the
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environment. In fact, this will address the soil erosion problems which are readily evident along
the existing track. Deteriorated creosote railroad ties will be immediately replaced with pressure-
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treated lumber ties, with all creosote ties being systematically replaced through an ongoing
maintenance program. Since the oily hydrocarbon distillate on the creosote ties can be easily
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transferred to children's hands and clothes, this will be a significant improvement.

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All construction work undertaken will utilize erosion control methods including silt fencing to
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control runoff. We initially considered using either creosote ties or concrete ties, but have
determined that all new railroad ties will be .40 CCA pressure-treated wood. In addition to the
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creosote's oily substance mentioned above, their intended life is significantly reduced when they
are cut down from the original 8' or 9' tie for use on the 16" guage track. The exposed ends do
not have adequate creosote protection. As for concrete ties, the excessive noise and vibration
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generated can not be easily mitigated.

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Texas Special will participate in Austin's Green Builder program to the extent possible. We will
attempt to use environmentally friendly procedures, and recycled materials, for construction, and
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non-hazardous products for maintenance. Our advising architect, structural and civil engineers,
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and environmental engineer will all be instrumental in the design and procedures for our
concession.
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Aesthetically, the new second depot, and rebuilt and/or new train equipment will be very
desirable. The ad~itional parking provided under Mopac Bridge should significantly reduce the
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traffic congestion in the Barton Springs area. Adequate trash and recycling containers approved
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by the City will be placed at both depots. Daily cleaning and policing of all concession facilities
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and equipment will be required by our SOP. Paint used on both the train and depots will be
coated with anti-graffiti finish.
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Noise pollution will be minimized. The electric train will be the quietest possible power source.
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Proper maintenance of the train equipment combined with minor straightening of the existing
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track, and proper guaging of the rails, will allow the train to operate more quietly. Whistles or
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horns will only be used as needed for safety, not entertainment. Employees will be required to
address any conduct problems by riders or onlookers, first by asking them politely to behave
appropriately, and next by notifying Park Police of any significant disturbance.
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Vehicular traffic will follow current routes and any crossovers desired by the City will be
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accomodated by cover rock over the track to prevent any environmental damage or unneccessary
congestion. Pedestrian traffic will be routed to provide restricted access to loading and
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unloading areas for safety and to minimize congestion. Trains will operate very slowly while
arriving/departing depots, tunnels and the children's playscape.
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Promotional material, and if deemed appropriate, information on the interior of the Austin Depot,
will address the need to maintain the environmentally sensitive Park area. Employee training
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will extensively address this concern.

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PART IV - PROJECT MANAGEMENT STRUCTURE

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Project Manager
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Administrative Manager
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Chief Engineer
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Track Engineer Environmental Engineer Technology Manager

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This management structure has been designed to insure that adequate expertise is available to
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implement and operate a safe, reliable and environmentally concious miniature train concession.
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Management responsibilities are as follows:
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Project Manager: Directs all phases of development, implementation and operation of the train
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concession. Primarily responsible for planning and coordinating improvements to facilities,
track and equipment. Primarily responsible for the daily supervision of the concession including
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policy, operational, procedural and personnel decisions. Also responsible for marketing, ADA
compliance and complaint resolution.
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Administrative Manager: Primarily responsible for all financial and capital planning, including
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but not limited to, banking matters, purchasing or leasing equipment, accounting and record
keeping, processing of invoices and orders, sales and receipts journal, accounts payable, income
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tax returns, payments to City, sales tax reports, federal and state unemployment tax reports,
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accounting reports, customer relations, purchasing pol icy, internal financial controls, and
insurance matters. Works closely with Project Manager on all global matters and substitutes for
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Project Manager if required.
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Chief Engineer: Participates in all decisions regarding depot, track and train design,
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implementation, and maintenance. Responsible for preparation of training and operating
manuals, employee training, track and train maintenance, and safety policies. Coordinates
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activities of other Engineers and Technology Manager.

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Track Engineer: Participates in all decisions regarding track layout, design, construction and
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maintenance. Directs track construction, repair and maintenance.
Environmental Engineer: Participates in all decisions with environmental impact including

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construction of, and maintenance and operational policies for depots, track and train equipment.
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Technology Manager: Works closely with Project Manager and Chief Engineer to design,
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develop, modify and test train equipment.

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PART V - EXPERIENCE
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Tom Larkin operated a multi-faceted small aircraft concession in San Antonio, Texas from 1986
to 1988. The business operated on a 60 acre airpark immediately north of the new Retama Race
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Track. He successfully directed all areas of the business including airpark operation and
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maintenance, administration, personnel, training, sales and operations. Services offered included
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aircraft sales, rentals, maintenance and storage; pilot training; amusement rides; and, parts, fuel
and souvenir sales. His business was selected to host the prestigious USUA National Aircraft
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Competion for two straight years and managed all aspects of this major event.
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From 1991 to 1994, he developed and implemented a statewide economic development program
for the Texas Department of Commerce. This included raising and managing $25 million in
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private funds to assist local governments in developing their infrastructure and to assist local
businesses with expansion. He administered all aspects of this program. Mr. Larkin received his
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MBA from the University of Texas and is the President of a local business consulting firm
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focusing on helping Texas minority businesses with expansion efforts. He also monitors wage
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compliance under contract with the City of Austin.
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Jewell Parker, owner and president of Endless Options, Inc., has over 15 years in sales and
marketing and has been in the employee staffing business for over 5 years. She currently owns
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and operates the Austin franchise of Norrell. Ms. Parker is a graduate of Purdue University with
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a bachelor of arts degree in Communications. She currently serves on the board of numerous
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local organizations including the Greater Austin Chamber of Commerce and Austin Community
College. Her company has received numerous awards including the 1993 Austin Minority
Franchisee of the Year award from the Austin Metropolitan Business Resource Center and the
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1994 Progress in Quality Award from the Greater Austin Quality Council.
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PART VI - PERSONNEL
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Project Manager: Tom Larkin
- Will work full-time on this project, either on-site or on-call
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(See Part V for qualifications)
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Administrative Manager: Jewell Parker

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- Will initially spend 50% of her time on this project, expected to taper to 25 % as systems
put into place
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(See Part V for qualifications)

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Chief Engineer: Bruce Blalock

- Will initially spend 50 % of his time on this project, expected to taper to 25 % as systems
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put into place

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Qualifications: Mr. Blalock was instrumental in rebuilding the Austin Steam Train
locomotive. He is a federally licensed steam train engineer and currently works part-time
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in this capacity for Austin & Texas Central Railroad. He is the past President of the Katy
Railroad Historic Society, past Chairman of the Smithville Historic Railroad Park Board
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of Directors, and a member of the marketing, locomotive manpower and management

committees for the Austin & Central Railroad. His interests include photography,
operation and history of Texas railroads, and his historic articles have been published.
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Track Engineer: Mark D. Dixon, P.E.

- Will spend time as necessary to direct track design, construction, repair and
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maintenance.
Qualifications: Mr. Dixon is a professional engineer and is employed as the Vice
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President of Engineering and Safety Director for the Georgetown Railroad Company in
Georgetown, Texas.
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Environmental Engineer: Daniel X. O'Donnell, P.E.
- Will spe~d time as necessary to participate in all decisions with an environmental
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impact
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Qualifications: Mr. O'Donnell is the President of UST Technologies, Inc., an Austin
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consulting firm providing a wide range of services in the fields of soil and groundwater
contamination, regulatory compliance and site assessment. He has over 25 years
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experience and is a registered professional engineer in Texas and Illinois.
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Technology Manager: Mike Radavanov
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- Will spend time as necessary to design and develop train equipment
Qualifications: Mike Radovanov, president of Rad-Tee Fabricators, Inc., has over 20
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years of experience in heavy industry. His companies have serviced the automotive and
mining industries. In 1992, Rad-Tee, Inc. moved part of its operations to Austin. This
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facility com)t?es machining, stamping, fabricating and material handling with mold
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making, injection molding, product development and recycling of both rubber and
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plastics. Rad-Tee, Inc. has been on the cutting edge in producing building blocks from
recycled materials and has developed numerous other "green" products. Rad-Tee, Inc.
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also manufactures an electric locomotive used in the mining industry.
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(SEE ATTACHMENT G FOR RESUMES)
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Texas Special will employ and train at least two supervisory employees who will be familiar
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with all aspects of our business operation. Either the Project Manager, the Chief Engineer.or one
of these highly trained supervisors will be on-site during all business hours. Since we would not
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take over the concession until October 1, 1996, it is simply not practical to hire and train these
additional employees this far in advance.
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All employees shall be of good appearance, manner and character, and shall be uniformed in a
manner consistent with a quality operation of this type and acceptable to the City. Name tags
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will be worn at all times when on duty.

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PART VII - AUTHORIZED NEGOTIATOR

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Tom Larkin
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1100 South Fifth Street

Austin, Texas 78704
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(512)442-4845 Fax #(512)447-2113

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PART VIII - COST PROPOSAL

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a. The following is an estimate of our anticipated investment. Prices are, of course, subject to
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change.
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Purchase existing track: 5,800'@ $15 p.f. = $ 87,000
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Repair/updgrade existing track: 5,800'@ $15 p.f. = 87,000
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Track extension (2,000'):
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Eng., Surv ., Permtg. = $ 4,500
Site Work (incl. sub-base) = 15,000
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Rails: 4,000'@ $3.50 p.f. = 14,000
42" ties: 1,000@ $10.50 = 10,500
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Ballast = 2,000
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Temporary Erosion Control = 2,500
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Switches, spikes, splice bars = 7,000
Installation = 27,000
Misc. expenses = 2.QQQ
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Total track extension =
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84,500
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Depot (for larger depot, only $10,000 if kiosk) = 35,000
CNG Train = 70,000
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Electric Train = 120,000
Rolling track guage = 1,200
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Initial merchandise = 1,500
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Misc. equip., tools, signage, signals, charger, etc. = 15,000
Initial Working Capital = 25.QQQ
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TOTAL CAPITAL INVESTMENT = $526.2QQ

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Annual Gross Revenues are estimated as follows:

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The reported revenues have averaged approximately $200,000 over the last four years. Recently,
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an increase of approximately 41 % in ride prices has been implemented. No noticeable decrease in

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ridership is expected. Once we have extended the track, built the new depot and are operating
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two reliable trains, we propose to increase the prices approximately 32% (see Part VIII d.). This
is based on a 50% longer ride, upgraded facilities and the option to disembark temporarily at
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either depot. Additionally, a 25% increase in ridership can conservatively be expected with two
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points of sale and by operating two trains on the extended route.

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These changes are expected to result in the following annual gross revenues (excluding sales tax):
$200,000 x 1.41 x 1.32 x 1.25 = $465.3QQ
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Notes: Price increase percentages are based on the assumption that the customer mix is 60%
children and 40% adults. The large increase in revenues is considered realistic because, before the
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recent 41 % increase, ride prices had not been changed since 1986 and were below a "market"
rate. Additionally, the existing trains have been experienced considerable down-time due to
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inadequate maintenance. Revenues do not include souvenir sales which are considered to be
18
insignificant for this operation.
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b. Equipment necessary to operate concession (in addition to the two depots and track which do
not fall in the "equipment category"):
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- (2) natural gas-powered locomotives with (7) coaches
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- (1) electric locomotive with (7) coaches
- Tools necessary to repair/maintain trains and track
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- Office equipment and telephones for the two depots
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- Signals and signage
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- Bench seating and rails at each depot
- (4) Hand-held radios and (2) weather-alert radios
- Security doors and devices for tunnel behind Main Depot
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- Rolling track guage
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- Vehicle to refuel natural gas tanks, shuttle between depots and for emergency service
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- Charger for electric train
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c. Pricing Sheet: tri
Texas Special will pay the City 11 % of gross sales, less sales tax which is estimated to be (on an
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annual basis):
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$465,300 x 11 % = $51.183
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(See "Part VIII a." for calculation of estimated gross sales)

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d. Price List:
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HIDY After Extension

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Adults and Children over Age 12 $2.00 $2.50

Children under Age 12 1.25 1.75
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Children under Age 1 FREE FREE

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Senior Citizens 1.25 1.75

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Groups (twenty or more) 1.25 1.50

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e. Business proforma (Profit & Loss Statement):
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A proforma Profit & Loss statement follows based on a $500,000 capital investment and the
increase in revenues calculated in Part VIII a.
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Revenues $465,300
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Expenses:
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Employees* 91,429
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Management ($3,000/mo.) 36,000
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Consulting Fees ($1,000/mo.) 12,000
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Fuel and Utilities ($1,000/mo.) 12,000
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Train & Track Maintenance ($4,000/mo.) tri 48,000
Payment to City of Austin (11 % of revenues) 51,183

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Insurance (5% ofrevenues) 23,265

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Marketing ($1,000/mo.) 12,000

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Misc. Expenses ($1,000/mo.) 12,000

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Depreciation ($500,000 over 10 years) 50,000

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Maximum Interest Expense ($400,000@ 11 %) 44.000

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Total Operating Expenses = 391.877

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Net Profit Before Taxes = $73.423

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* Employees:
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3 mos. x 3 FTE x 9 hrs. x 9 days x $7 x 1.25 = $6,378.75

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9 mos. x 4 FTE x 9 hrs. x 30 days x $7 x 1.25 = $85.050.00

$91,428.75
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Note: If we increase historical revenues based only on price increases, without an increase in
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ridership, we would receive approx. $372,240 in revenues, resulting in a $19,637 annual loss.
20
(A/ l :r "1fo•"""1-; 0 ;\ i , pro pr; e._+,,__r CJ )

PARK
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Zilk er
otanical Gardens
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any ki.ddieland, carnival vr park operator wh~c . their mo.st
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standing service which the .Miniacure Train Co. gave its cuscomers will
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popular ndes are and they are sure co say-the M1macure Train
and Merry-Go-Round. Now chat che i\finiacure Train Co., which was
be followed co che leccer by Allan Herschell.
The G - 16 Miniature Train is modeled after the famous F7 Die~el
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the world's largest manufacturer of miniature trains and equipment, Locomotive by speci.a! permission of the Eleccro-Morive Division of
o fis a member of the Allan Herschell family, we have both rides to offer
our customers.
General Motors. Miniature Train spent $285,000 for che design, engi-
neering and cooling of the pilot model to assure big-crain perfection
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The tremendously successful Model G-16 Miniature Train, which and safety .
has brought such rich profits co so many owners, will be manufaccured The G-16 adult-size train has the appeal to draw and the capaci[I
to the same high standards at Allan Herschell as it was at Miniacure to handle the largest crowds. le is designed for big-train realism Jn,!
Train . constructed for J long Jnd trnuble-free life. Ask ;1n y of the hundrnh
The s:.1me organizacion, the >:Jme plans. even the same machinery of owners uf .\IT ,\ linl:1ture Tr:1ins abo ut the sJfen-, pu pulario ;1r~d
that made Miniature Trains in H.::n~~elJer. Ind ., will conr · ~ to make low cost oi oper:ici un .lll<l 111;1inten;ince o f rhe,c er: .1nJ lee ci; c1r
chem .1c Allan Herschell in :"(mh T o r. .1wanda. ).". Y. / . che out ,·ears o f e xn eri enr e h e ., q ;;r :::: i(!t:
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G-16 MINIATURE TRAINS
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SIZE AND WEIGHT
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Welt hi leneth Width
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Slltfl• ""A"' Uoll (Svb<ubo•I ............ 22'5 lbs. 10' 31y,•
0 ... 111. Uoll lll.,ltedl .. ....... ............... ~'30 lbs. 20' 31 y,•
31 y,• 36.
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Trlple U•lt (Jre•sc••ll,..•1•11 .. .......... 67'5 lbs . 30'
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. Coo<hH ... ..............., ........... .... ... ............ ..... 1510 11,.. 15' .. 31 y,• 33•
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0b1.,..•ll•• Cer .... ....... ... ..._ ....... .. . ..... 16'5 lb•. 11' s• 32y,•
and •b ..rtatlon tars .r oll G- 1 6 trolna St•nd•rd COMMUTU Trolo ......... .. .... S&IO Ibo. O' 2' odulh
Slondorll SUIUUAH Tro lo .. ......... . . .... 70SO Ibo . 51' .. 36 advlta
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.art of ·11eel · t.ntlrvctlon. Ono sldo ef cctt 1elthor Stondord LIMITED Trolo , .......... . .. ... 10195 lbs . 84' ,. '8 odulto
St••dard UAHSCONTINEHTAl Trolo .. 17160 Ibo. 141' ,. M odulta
.·;19hl •• loft I 11 do ..d f•r 1ofoty. Tho other aid• 11
. epen f., eo11 and foal tootling . ontl unloodln9 of
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CAPACITY
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Twelve adults per coach. Each locomotive is designed ro pull up
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ro six loaded coaches. locomotives may be combined ro pull as many
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coaches as des ired.
LOCOMOTIVES
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Avail:able as one, rwo or three complece and separare power units,
synchronized and concrolltd from a single 5el of conrrols. May be combined
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or operated separarely. All 1rim on locomotives and coachcJ is aluminum
or Jc a in less sreel.
ENGINE
o . A " V" 1rpe, '4 cylinder, -4 cycle Wisconsin 26 H.P. air cooled industrial
enitine. Complett elecrrical system including bauery, generator, srarter and
C bauerr i,:nition. Oil baih rype air cleaner.

FLUID CLUTCH . DRIVE :
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The finest of drives, permiuing use of an economical motor size wirh
hiithesr possible draw bar pull for smoorh, l:asr starcing. Eliminaccs gear
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shifting except 10 reverse train. I
ALUMINUM GAS TANKS (;O
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2 non-rusting 1anks roncaining separate fuel srrainers. 16 gallon capaci17
e allows all day operacion wichout refueling.

BRAKES
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Finest brakes ever inscalled on an amusemenr Crain. Air operation wich
1wo brake shoes on eYery " ·heel of encire 1rain. Permiu any degree of appli·
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MULTI-SEASON WHEELS
t\s name implies 1hese ..·heels are the longesi lifed wheels ever used on
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Tl'utk dHign It undoubtedly tho most lmp~rtonl
a min iacure rrain, and ..,,.ilJ last for }'Urs " ·i1hou1 need 10 remachine nl·h
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season. Standard 1hroughout 1rain.
CAR COUPLERS
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factor In the ontire train. framH, brakH, loocl
tvtpe,.slon, ond sprln9s of tho G - 16 are copiocl Aucomaric couplers of tight lock design wich drawbars cushioned in
rubber. Air lines automaticall)· connec1ed or sealed when coupling or un·
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foithh1llr frolft modern 1treomllnon. Coatly constrvc•
lion, yu--bvt ti.oopHI over the ~ara. No othor
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STANDARD EQUIPMENT
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lftlnialure t.oln can com~are '" this feohuo. Speedomerer, cachomerer, vacuum t;auges, headlight, itluminared rcain
numbers. vacuum booster pump, mellow rone vacuum warning horn,
ele«ric warning bell, two 2i1-u1 revolving warning lights for Jocomoti•e
and observation car. ' .. · ·
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The Texas Special trainset that will be used in Zilker Park will emulate the Katy's historic style developed in 1949, represented here. The locomotives will be in C11inese red, trimmed in maroon
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and yellow and the cars will be in silver with the distinctive Chinese red sash. Similarly, the ~i-i"-Eagle will follow the style and color scheme of the Missouri Pacific's Eagle train.
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Experience the spirit and railroad l- ge of Central Texas~
A delightful ride on the Texas Special through historic Zilker Park recalls the glory days of railroading in
·1stin. When Austin was a one-horse town, the Houston &: Texas Central, the first railroad to build into Austin,
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arrived on Christmas Day, 1878. From that moment on, Austin was discovered by the traveling public and has
been considered one of the beautiful international cities of the Southwest. Soon after the International and Great
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Northern Railroad (absorbed by the Missouri Pacific), built through on the way to San Antonio, with its connec-
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tions to the West coast, East coast and Mexico . The third of the Austin railroads was the Missouri Kansas &:
Texas, also headed for San Antonio .
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The Missouri-Kansas-Texas Railroad's premier train, the Texas Special served the southwest gateway from
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St. Louis through Dallas and Austin to San Antonio and was one of
the favorites in Texas, renowned for its prompt service, friendly per-
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sonnel and great dining car fare . The Missouri Pacific Railroad also
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served St. Louis , and its route to the south blazed a trail through
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Arkansas and east Texas before arriving in Austin for its trip to San
Antonio and the Mexican border. Both lines made connections with
the Eastern markets through their connections in the central loca-
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tion of St . Louis .
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During the zenith of rail travel, both railroads put forth a
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new passenger-oriented look with complete new streamlined air-conditioned equipment and motive power. The
.exas Special regaled in crimson and stainless, accented with maroon and yellow. The Eagle was adorned in
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blue and cream , and the distinctive Eagle logotype was fashioned from stainless .
Both of the Zilker Park trainsets will be decorated and detailed to reflect the rich heritage of the Austin·
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area and the railroads that helped make Austin a true international gateway city.
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An early scen e of the Internation al & Grwt

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Northern 5 downtown Au sti n depot with the

forerunner of th e Missouri Pacifi c's Eagle
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bt'ing examined by th e local rcsidcn L<; (Above )

Th e brand-new Texa s Special equip ment on
on e of its maiden voyages through Texas in
1949. The Texas Speci al used :he H&TC (SP)
depot, located across Congress Avenue f ro m
Th e I&GN statio n. Both depots were torn
down by the mid-1 970s .
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CITY M AU1TV.
lllAIUC.S A ovuorw•·
"-10 llll:ftltCATIOJI(
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T30MAS J. LARKIN
1100 S. Street
Austin, Texas 78704
(512) 442-4845
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CONCESSION EXPERIENCE
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1986-1988 Alamo Light Aircraft, Inc.
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General Manager
Directed multi-faceted aviation concern. Focused on
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administrative duties including financial and marketing
strategies, accounting, inventory and personnel. Managed
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operational areas encompassing sales, rentals, pilot training,
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and aircraft and airport maintenance. Awarded USUA National
Aircraft Competition two straight years - managed all aspects
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of this prestigious event. Supervised three full-time and
five part-time employees. Doubled company's revenue.
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RECENT BL'STNESS EXPERIE'.\'CE
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1994 NetQuest, Inc.
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President
Currently direct a full-service business consulting firm
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focusing on assisting Texas minority businesses with expansion
efforts. Secure debt and equity capital, prepare business
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plans and marketing strategies, and negotiate with prospects.
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1991-1994 Texas Department of Commerce, Austin, Texas

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Program Administrator
Coordinated development and implementation of the Texas
Economic Development Program including structuring and
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documenting initial $25 million taxable commercial paper issue

for first phase (Texas Leverage Fund) of this multi-tier
statewide finance program. Administered all aspects of
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program including marketing to local governments, managing

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investment portfolio and budget, and originating loans to

communi~ies and businesses. Also worked extensively with
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v11rious other public finance programs including the Texas

Capital Fund, and the SBA 7a and 504 programs.
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PREVIOUS BUSINESS EXPERIENCE

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Moonlighting Management Company

Owned and operated a physician staffing firm in Austin, Texas. ~laj r
clients included Bergstrom AFB Hospital and The Rehabilitation Ilospital
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of Austin.
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Interfirst Bank, Austin and NBC Bank, San Antonio

Progressed from management training program to Vice President during
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four-year tenure. Managed $20 million commercial and real estate loan
portfolio. Handled work-out of problem loans.
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U.S. Army
Received Honorable Discharge after two-year tour.
BRA and MBA from The University of Texas at Austin. Completed stud es in
\!ay, l'.l<J:j with o\·erall 3.6/-4.0 GPA.
Ms. Parker has over 15 years experience in sales and marketing and has been in
the staffing industry for over five years. She purchased the Austin Franchise of
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Norrell in 1993. The business is certified by the State of Texas as an Historically
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Underutilized Business (HUB). The certification qualifies the business as lOOo/o
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African-American and woman owned. Jewell is a graduate of Purdue University
with a bachelor of arts degree in Communications.
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Jewell has illustrated a commitment to the Austin community through her
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volunteer work. She currently serves on the board of the following organizations:
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Greater Austin Quality Council
Director
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Member, Executive Committee
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Chairperson, 1995 Quality Forum
Greater Austin Chamber of Commerce
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Vice Chair for Economic Development, North Central Area Council
Executive Committee
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Co-chair, 1995 Buy Greater Austin Showcase Buyer/Supplier Exchange
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Co-chair, 1995 HUB Procurement Opportunities Seminar
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Moderator, Executive Dialogue Program
Austin Community College
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Member, Office Systems Technology Advisory Board

Capital City Chamber of Commerce
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1995 Board of Directors & Program Committee Chair

Pease Elementary School
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Adopt-a-School Chairperson
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Jewell is also an officer or member of the following professional associations:

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Professional Secretaries Intemat'l - Program Chairperson

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Texas Association of Business - Human Resources Advisory Committee

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Austin Executives Association - 1994 Program Chairperson

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Norrell Services in Austin has been recognized with the following awards:
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Austin N!etropolitan Business Resource Center (AMBRC)-1993 Austin Minority

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Franchisee of the Year

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Greater Austin Quality Council-1994 Progress in Quality Award

Norrell Services-3rd Quarter 1993 I Franchise of the Quarter
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Norrell Services Achievement Club-1993 & 1994
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JEWELL C. P>-...."KER 6016 BELFAST AU~ilN, TX 78723
(512)450-1995
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10/89 - PRESENT BRANCH MANAGER, NORRELL SERVICES, AUSTIN, TX
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As senior manager, have comprehensive accountability for profit and loss of the Austin office.
Responsible for business growth and planning; budgeting and expense control; recruiting, hiring and
training of agency personnel. Maintain complete and current personnel records. Ensure compliance
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with all federal, state and local laws and liscensing requirements. Administer Risk Management and
Safety Programs for all employees. Communicate agency services, capabilities and philisophies to the
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community and insure accuracy of public information materials and activities. Plan all advertising and
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promotion campaigns and function as media buyer. Responsible for Accounts Payable and Accounts
Receivable.
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10/91-PR ES ENT Branch Manager. Norrell Temporarv Services. Austin. TX
In addition to management responsibilities, I market temporary personnel services to businesses in the
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Austin area. Have functional knowledge of personal computers and office automation, technical and
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industrial personnel. Manage staff of two inside sales/client service reps. ACCOMPLISHMENTS
include increase in average weekly hours from 700 to 2000, improvement in gross margin of 5%,
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established system to improve operational efficiency of office
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1 OI 8 9 - 1 0 / 9 1 Branch Manager. Norrell Health Care. AUSTIN. TX
In addition to management responsibilities, marketed Home Nursing Care and temporary nurses to
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physicians, discharge planners/MSW, insurance/managed care companies, case management companies
and health care facilities to promote business growth. Also marketed Industrial Nursing to major
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corporations. Managed staff of 3 Registered Nurses, 7 inside sales/staffing reps, 1 outside sales rep
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and 3 clericals. ACCOMPLISHMENTS include 300% increase in staffing hours, reduction of NR

aging from $127,000 to $59,000 and successful negotiation of regional provider agreement. Also
decreased combined operating expense by 20% and increased skilled -vs- unskilled business mix.
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Designed training course and acted as Regional Trainer for new hires.
9/87 - 10/89 BRANCH MANAGER, NEWARK ELECTRONICS, AUSTIN, TX

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Managed daily operations, trained and supervised sales staff to achieve maximum profitability. Selling
responsibilities included achieving personal sales objective, maintaining and servicing customer account
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base, branch customer service, establishing comprehensive customer history files. Management
responsibilities included staff of 2 inside and 1 outside sales reps, implementing sales promotions,
designing and leading sales training seminars, arranging vendor product line presentations, conducting
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sales meetings, administering direct mail campaigns and preparing status reports. Represented
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company at industry trade shows. Achieved 33% · increase in branch sales and 146% of
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personal sales quota.
4/85-8/87 TELEMARKETING MANAGER, AUSTIN TELEPAGES, AUSTIN,

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TX
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Designed and implemented telephone sales program to market "Talking Yellow Pages" advertising
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product to commercial advertisers. Managed all phases of the daily operation. Interviewed, hired,
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trained and supervised staff of 1O telemarketers. Created and taught Sales and Customer Service
training course for telemarketers. Initiated Sales incentive programs, established forms necessary to
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monitor production. Assimilated data to evaluate progress of this start-up department. Achieved
100% Increase in production after first year and maintained steady growth with limited media
support.
4/83-10/85 SENIOR ACCOUNT REPRESENTATIVE, SAVIN SALES OF EAST
TEXAS, BRYAN-COLLEGE STATION, TX
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Sold Savin copiers in rural ·territory for local dealership. Heavy emphasis on cold calling and new
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business development. Responsible for sales, customer service and equipment training. New clients
developed included Texas A&M University, City of Bryan and Lexington ISO. Achieved 160% of
assigned sales quota last year in territory.
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7177 - 4183 MAJOR ACCOUNT REPRESENTATIVE, XEROX CORP.,
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DALLAS, TX
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As sales trainee, completed XEROX PROFESSIONAL SELLING SKILLS I & II. In first field sales
assignment, marketed Xerox 800 Magnetic card and tape word processors. In each account functioned
as sales, training and support person. Performance first year in territory 140% of
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quota. Qualified for PRESIDENT'S CLUB recognition. Promoted to Major Account
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Representative after second year with emphasis on multi-unit system selling. Increased knowledge of
office automation and data processing mix. Product line included Xerox 800, 850, 860, 820
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micro-computer and ethernet local area network. Performance first full year in territory
153% of quota. RATED NUMBER 2 REP IN SOUTHERN REGION AND QUALIFIED
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FOR PRESIDENT'S CLUB recognition. Promoted to team trainer responsible for new hire field
training.
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SPECIAL TRAINING
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Xerox Professional Selling Skills I & II

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Professional Telephone Selling Skills

Health Care Management Development
Discriminatory Employment Practices Workshop
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PROFESSIONAL AFFILIATIONS
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Austin Area Home Health Council

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American Marketing Association

SHRMA-Society for Human Resource Management
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Texas Association of Business-Employee Relations Committee

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Austin Community College/School of Office Automation-Advisory Board

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GRADUATE OF PURDUE UNIVERSTIY, WEST LAFAYETfE, IN

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MAY1977
BA-MASS COMMUNICATIONS
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MINOR - GENERAL BUSINESS

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References provided upon request

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. '·
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meets ·au the .criteria established by City Ordinance #870219-Q, as amended,

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-~ .. . -. :- . .
' . :· . : - ... ' ·. ., ·:·· . . . . . ~-: .
·and so
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is duly registered as a Minority-owned ..and Woman-owned Business Enterprise,
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' .. .... . ,,. ·. •. . .
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to do bus~ess with the City of Austin and its agents as such.
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This certification is valid for one year.

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Expiration Date
..· March 10, 1996
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Resume for Bruce Blalock
SUMMARY
'hilroad interests include. history, operation and photography of the Texas railroads, especially those in the
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Austin and Central Texas area. Historic articles published on the Katy in Smithville, Texas.
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ACCO MPUSHMENTS
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•!• Past president and vice president of the Katy Railroad Historic Society.
•!• Helped rebuild Austin Steam Train locomotive.
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•!• Federally licensed steam locomotive engineer.
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•!• Member of marketing and locomotive manpower and management committees on Austin Steam Train.
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•!• Past Chairman of Smithville Historic Railroad Park Board of Directors.
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PROFESSIONAL EXPERIENCE
Sole Proprietor, Bruce Blalock Marketing and Design, (relocated to) Smithville, Texas June 1994
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Clients have included Zapata Corporation, Exxon, Energy Development Corporation, Muse Air, Gulf Pacific
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Rice, NaTec Resources, Steck-Vaughn Company, River Oaks Bank, Ullman Sails. Range of projects include devel-
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opment of trademarked logos and corporate identity programs, annual reports with related FTC compliance,
brochures, package design with related FDA compliance, environmental graphics, magazine and newspaper ads,
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newsletters and complete responsibility for Muse Air monthly magazine.

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Participation includes concept, creative coordination and development; design, layout and graphic produc-
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tion. Also required supervision and direction of photographers, illustrators, writers and other support person-
nel. Written articles for publication in national and regional magazines. Production on Macintosh computer, in .
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QuarkXpress or PageMaker.
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EDUCATION
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Bachelor of Advertising Art & Design, Texas Tech University.

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PERSONAL INFORMATION
Interests include Texas history, competitive sailing (nationally ranked in the top five in Olympic-class sailing
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for four years), scuba diving, skiing, photography and pen-and-ink drawing. Work with injured and orphaned
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waterfowl for the Texas Wildlife Rehabilitation Coalition.

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UST TECHNOLOGIES, INC.
Personnel Profiles
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DANIEL X. O'DONNELL, P.E., PRESIDENT
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Mr. 0' Donnell is responsible for project management and engineering related to tank
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system closures, remedial action and site assessments. Mr. O'Donnell earned a Bachelor of
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Science in Civil Engineering from the University of New Mexico in 1967 and is a registered
professional engineer in Texas and Illinois. He has fulfilled the Texas Natural Resource
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Conservation Commission requirements for an LPST Corrective Action Project Manager and is
registered to perform corrective action services in Texas (Registration No. CAPM00070). Mr.
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O'Donnell has 25 years of experience in the areas of fluid flow in porous media; pumps, piping
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and vessels; corrosion mitigation; regulatory matters and project management. He has designed
a number of facilities and managed their installation in the field. Mr. O'Donnell is a principal
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and co-owner of UST Technologies, Inc.
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THOMAS J. GROLL, PROJECT SUPERINTENDENT
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As Project Superintendent, Mr. Groll is responsible for scheduling and management of

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labor and subcontractors. He has 12 years diversified experience as a construction site manager
which includes five years directly involved with tank closures and site assessments. Mr. Groll
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has met all the requirements of 29 CFR 1910.120 (40 hr OSHA HAZWOPER safety training)
and is a certified Hazardous Waste Site Supervisor. Mr. Groll is licensed by the Texas Natural
Resource Conservation Commission to perform tank installation/repairs and removals, is a
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licensed monitor well driller and is a certified tank tester and leak detection equipment
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technician. Mr. Groll has extensive experience in dealing with UST regulations and the Texas
Natural Resource Conservation Commission.
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3724 Jefferson Street, Suite 305 •Austin, Texas 78731
technologies, inc,. (512) 451-2008 •FAX (512) 451-4982
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CORPORA TE BACKGROUND
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UST Technologies, Inc. is a consulting firm providing a wide range of environmental
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services in the fields of soil and groundwater contamination, regulatory compliance and site
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assessment to business and industry throughout the State of Texas. In 1989, the principals of the
firm combined their skills and experience by incorporating UST Technologies, Inc. as a Texas
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Corporation. With over 30 years of collective experience in engineering, land use and regulatory
affairs, USTT is well qualified to provide a wide range of services including Phase 1 and Phase
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2 Environmental Site Assessments, closures of underground storage tanks (USTs), contamination
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assessments, and remedial action plans. USTT has performed such work for a number of public
and private clients including FDIC, RTC, US Air Force, and numerous banks and private
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corporations.
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USTT' s Austin office is located only minutes away from the central offices of State
regulatory agencies which gives quick access to records and data bases for all Texas counties
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and regulatory districts. Quick access to those sources of information gives us the means to offer
our services to clients with sites anywhere in Texas.
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UST Technologies, Inc. is registered with the Texas Natural Resource Conservation
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Commission as an Underground Storage Tank Contractor (CRP0001032) and as an LPST

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Corrective Action Specialist (RCASOO 190). The firm carries appropriate general and professional
liability insurance.
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UST Technologies, Inc. or its principals are members of the following organizations:
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ASCE: American Society of Civil Engineers

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NACE: National Association of Corrosion Engineers

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NSPE: National Society of Professional Engineers

TSPE: Texas Society of Professional Engineers
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NGWA: National Ground Water Association

AGWSE: Association of Groundwater Scientists and Engineers
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UST TECHNOLOGIES, INC.
P.artial Listing of Commercial and Industrial Clients
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Mr. Jack E. Owen 512-469-7700
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Osborne, Lowe, Helman & Smith, L.L.P.
301 Congress Avenue, Suite 1900
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Austin, Texas 78701
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Mr. Derel M. Conley 512-495-1000
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First State Bank
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400 W. 15th St.
Austin, TX 78701
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Mr. Mark Monroe 512-338-4300
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Horizon Savings Association
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8627 N. Mo-Pac Expwy
Austin, TX 78759
Mr. Duke Hengst ct 409-968-3136

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The First National Bank
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145 W. Colorado St.
La Grange, TX 78945
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Mr. Thomas J. Collins 512-451-8107

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Austin Perry-Brooks, Ltd.

One Highland Center, Suite 150
Austin, Texas 78752
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Mr. Robin Bruno 512-478-6817

Group Two Architecture
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101 W. Sixth St., Suite 220

Austin, Texas 78701
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Mr. Russell P. Tomlinson 512-335-9847

8005 Caribou Parke Cove
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Austin, TX 78726
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Mr. Michael Mays 512-458-5704

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Threadgill's Foods, Inc.

6416 N. Lamar
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Austin, Texas 78752

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1400 E. 4th. Street, AUSTIN, TEXAS 78702
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Telephone: (512) 1'7'6-8335, Fax: (512) 476-9213
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- 1 -
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Letter of Introduction for Rad-Tee Inc.
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Our Company was originally established in 1972 in Ontario, Canada
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to service the Machine Tool and Automotive Industry in the fields
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of weldments, metal stampings, assemblies, material handling
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equipment; with extensive work in the areas of arc welding, plasma
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cutting, spot welding and major fabrications. Major contracts were
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also secured to fabricate material conveyance equipment for the
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Canadian Mining Industry. The creation of a two ton locomotive
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(battery operated) has helped small mine operators. The equipment

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was sold through North Canada, South Africa and South America. Due
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to our heavy involvement in the mining industry, we also built and

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designed 160 cubic foot Granby Side Dump Mine Cars and 44 cubic
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foot Rocker Dump ~ine Cars was complimented over the years by a
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variety of work on industrial shipping rack systems, conveyors,

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gantry r o bots and automation for the automotive industry.

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Broadening the base of the co mpany Rad-Tee Inc, in 1989, purchased

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Venture Mold Limited o f Ontario, a company originally found e d to

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service automotive, sports, retail and plumbing markets of the

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n o rthern O.S. and Cana da . This acquisition has now enabled Rad-Te e
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to de s ign and build molds (injection, compression, foam and zinc
diecast) for both high and low production applications. Complet e
repci.1r, e ngineering changes and maintenance services are e:ils o

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available.·
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At the same time due to the molding capabilities, we started
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experimenting with shredding and pulverizing tires. We developed
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injection molding granules which are used in extrusion compression
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and injection molding. Through this experience we acquired the
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capability of pouring in place rubber for playgrounds, running
tracks, curbs etc.
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In 1992, Rad-Tee Inc. decided to move part of its operations to
Austin, Texas. This facility combines precision CNC machining,
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stamping, fabricating and material handling with mold making,
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injection molding, material science product development and
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recycling of both rubber and plastics. Due to the

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involvement in recycling and believing in environmentally sound
projects, we were approached to manufacture equipment for t

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Alternate Fuel System, ~atural Gas and Diesel. Vehicles stay dual
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fuel with approximate 35% to 40% cleaner air. Currently we are

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developing a water purification system that we think will serve the

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world market.
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Green Builders should be aware that Rad-Tee Inc. has en on

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cutting edge in producing "exotic materials, brick and block"

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making equipment for the last 15 years. Recycled materials (wood,

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etc.) combined with various solid materials have been used t

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produce building blocks of low cost and exceptional strength. In
the very near future we will have a new type of rubber shingl and
clay tile look alike roofs that will be manufactured out of our
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recycled rubber tires. These materials will be available in
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different colours. At the moment it is being tested and we hope to
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get the approvals from ASTN.
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Rad-Tee Inc. has now become a diverse, multi-faceted international
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company. We are dedicated to giving the customer the highest level
of quality, reliability and service. As we enter the next century,
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we will continue to take pride in maintaining this most valued
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level of customer confidence.
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~e are excited to bring to Austin and the Southwest, a product
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ecologically minded company, ready to employ local people and
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produce products and services for markets worldwide.

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· P1rk111• 11cr11d11 l111rt1111t
200 South Lamar Blvd, Austin, TX 78704
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August 8, 2006
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Zilker Park Boat Rentals
Mr. and Mrs. Barnett
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2202 A. Homedale
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Austin, Texas 78704
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Dear Howard and Dorothy:
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As you are aware the Parks and Recreation Department along with Austin Energy has installed
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electricity at the canoe concession location along Barton Creek.
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A box with a G FCI receptacle was installed on the pole dose to where the canoe rental is located. The
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box is lockable. You may install a lock on the box if you wish. The power amount is very limited - 110
volt 16 amps. Because of the many limitations and restriction associated with this park location no
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additional electricity or amps will be installed in the future.
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As stated in the contract Zilker Park Boat Rentals is responsible to reimburse the City of Austin the
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expense for the electricity installation. The total cost was: $1224.45; $1,170 for labor and $54.45 for
materials. Please process payment to the Parks and Recreation Department for reimbursement.
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In addition, Zilker Park Board Rental will need to reimburse the City of Austin an annual electricity
usage fee of $50. This is usage fee shall be paid in October of each year to coincide with the City of
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Austin's fiscal year.

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Please send both the installation reimbursement and the usage fee to the Parks and Recreation
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Department office at 200 S. Lamar attention: Jay Stone.

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Thank you,
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ne, Division Manager, Finance and Events

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and Recreation Department

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Xe: Mendy Marshall, Contract Administrator

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The City ofAustin is committed to compliance 11Jtth the Americans with Disabilities Act.
&asonable modifications and equal access to communications will be protided upon req11est.
LEGEND
FOR ATTACHED
PARK AND TRACK LAYOUT
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MAXIMUM SPEED
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1) TRAIN DEPOT 3MPH (1900RPM)
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Heavily congested area. Exercise extreme caution.
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Ground guide to be used.
2) PLAYGROUND 3MPH (1900 RPM)
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Heavily congested area. Pay special attention at crossings.
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Ground guides should be used if busy.
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3) SWITCH:
OPEN 1-2MPH (1600-1700 RPM)
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CLOSED 3MPH ( 1900 RPM)
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The "open" switch sends the train in a slightly different

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direction so go very slow. The "closed" switch must be

able to open. Check very closely for obstructions and go
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very slow until locomotive passes through to make sure it

opens.
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4) SNAKE 3 MPH ( 1900 RPM)

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5) BRIDGE 1 MPH (1500 RPM)

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Tight clearances. Proceed at a CRAWL. Sound horn

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prior to entering. Keep a close watch on your riders!

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6) LOU NEFF POINT 3 MPH (1500 RPM)
7) SWITCH
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OPEN 1-2 MPH(1600-1700 RPM)

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CLOSED 3 MPH ( 1900 RPM)

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8) END LOOP 2 MPH ( 1700 RPM)

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Sound horn prior to crossing trail. Watch for

pedestrians!
______ - · - - · · · - - - - - · W e a t h e r / P o o l : - - - - - - - - - - -
Employee Name Hours Vv .!d Employee Nam~ Hours Worked
CASH RECONCILIATION:
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OPEN CLOSE
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0 PND
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QUARTERS
ONES
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0 20's, 50's. lOO's
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0 CHECKS
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TOTALS
Less Opening Cash = ( )
NET CASH = ct s
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Ztape: Gross= S NET = s
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TICKET AND SOUVENIR TOTAL=

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SOUVENIR ITEMS SOLD QUANTITY ~

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TOTAL: ----~
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ITEMS TO ORDER (INVENTORY, OFFICE AND MAINTENANCE):

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.--· ·= .... -..-· ., .,... v, .. '"'""n run 1 ~ 1.:> max.~ .> 1.4:> l tckets ! Note stanmg tick.et 'II- oetore eacn run l
·,.r'*-~',&1--
,6}2 3 4 5 6 7 8 9 10 1112 13 14 1 17 18 19 20 2122 23 24 2~~ 5 6 7 8 9 112 13 1415 1617 18 19 20 2122 23 24 25

,/ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
- - - - - T o t a l = _ __
2 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
- - - - - T o t a l = _ __
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3 123 4 5 6 7 8 9 10 1112 13 14 15 1617 18 19 20 2122 23 24 25 123 4 5 6 7 8 910 1112 13 14 15 16 17 18 19 20 2122 23 24 25
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26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46
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Total=
4 123 4 5 6 7 8 9 10 1112 13 14 15 1617 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 910 1112 13 14 15 16 17 18 19 20 2122 23 24 25
----- ---
26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46
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- - - - - T o t a l = _ __
5 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25
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26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 4445 46 26 27 28 29 30 3132 33 34 35 36 37 38 39 40 4142 43 44 45 46
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Total=
6 123 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 212223 24 25
----- ---
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26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46
-----Total== _ _
7 12 3 4 5 6 7 8 9 lO 1112 13 1415 16 17 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 9 10 111213 14 15 1617 18 19 20 212223 24 25
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26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 414243 44 45 46
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Total
8 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
-----
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26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
- - - - - T o t a l = _ __
123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25
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9
26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 44 45 46 26 27 28 29 30 3132 33 34 35 36 37 38 39 40 414243 44 45 46
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- - - - - T o t a l = _ __
10 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12345 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
- - - - - T o t a l = _ __
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123 4 5 6 7 8 9 10 11 12 13 14 15 1617 18 19 20 2122 23 24 25 123 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 2122 23 24 25

26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 414243 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46
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Total=
12 123 4 5 6 7 8 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 9 10 1112 13 14 15 1617 18 19 20 212223 24 25
----- ---
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 414243 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
s
- - - - - T o t a l = _ __
13 12 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 9 10 1112 13 1415 1617 18 19 20 212223 24 25
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26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46

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Total=
----- ---
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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
- - - - - T o t a l = _ __
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15 I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 212223 24 25

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26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46

- - - - - T o t a l = _ __
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16 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25

26 27 28 29 30 313233 34 35 36 37 38 39 40 4142 43 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46
- - - - - T o t a l = _ __
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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 212223 24 25 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46

- - - - - T o t a l = _ __
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18 12 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 2122 23 24 25 12 3 4 5 6 7 8 9 10 1112 13 14 15 16 17 18 19 20 212223 24 25

26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
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Total=
19
-----
I 2 3 4 5 6 7 8 9 I 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
---
26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46 26 27 28 29 30 313233 34 35 36 37 38 39 40 414243 44 45 46
Total=
20
-------
1 2 3 4 5 6 7 8 9 I 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 I 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
---
26 27 28 29 30 31 32 33 34 35 36 3 7 38 39 40 41 42 43 44 45 46 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46
- - - - - - - Total= _ __
ickets: _ _ _ x $2.00 = $ _ _ _ _ + _ _ _ x $1.25 = $_ _ _ _+ Souvenirs:$ _ _ __

;' ,
DATE:
----- EMPLOYEE NAME(S): - - - - - - - - - - - -
,, !RACK:
_ _ 1) INSPECT FOR DEBRIS: - - - - - - - - - - - - - - - - -
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2) INSPECT SWITCHES FOR PROPER OPERATION:---------
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- - 3) GREASE TRACK GREASE SWITCHES: _ _ __
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CONDITIONS NEEDING FOLLOW-UP:
---------------
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TRAIN: HOUR METER: - - - - - -
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(WATERTEMPERATURERANGEDURINGDAY: ----------~
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_ _ 1) WASHTRAINANDDRYSEATS: WAXTRAIN: - - - - - -
- - 2) LPG: FUEL LEVEL? HOSES & Fii IINGS: - - - - - - - - -
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- - 3) AIRRESERVOIRBLOWDOWN:
LOCOMOTIVE (2): COACHES (UNDER3RD SEAT): _ __
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_ _ 4) INSPECT AIR HOSES: DRAWBARS/PINS: SAFElY
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CHAINS: SEATBELTS: BOLTS:-------
5) LOCOMOTIVE: REMOVE PANELS (STORE IN SAFE PLACE!)
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_ _ A) ENGINE OIL: LEVEL: ADDED(AMT.)? _ _ __
CLEAN? CHANGED? FILTER CHANGED? - - - -
- - B) RADIATOR:
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COOLANT LEVEL: ADDED COOLANT (AMT.)? _ __
(DO NOT ADD COOLANT WHEN HOT. 50-67% COOLANT AND 33-50% WATER)
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CLEANED GRILL? PRESSURE WASH BOTH SIDES?

----
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- - C) HYDRAULIC OIL: LEVEL: ADDED? CLEAN? _ _ __

(TEMPERATURE RANGE DURING DAY: _ _ _ _ _ ____,
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FILTER CHANGED: OIL CHANGED:

----
- - D) AIR.FILTER: CLEANED? REPLACED? _ _ __
_ _ E) CHAINS & SPROCKETS: CLEANED? LUBED? _ _ __
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FOLLOW-UP?
---------------------
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F) AIR COMPRESSOR: OIL LEVEL: ADDED (AMT.)? _ __

CHANGED? BELT: LUBE SHAFf & PULLEY:
---
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- - 6) INSPECTBRAKESHOES: MONITORCLOSELY: - - - - - - - - - - -
ROTA TED: REPLACED: - - - - - - - - -
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- - 7) EMERGENCY BRAKES: With engine running, disconnect application brake line (small diameter
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coiled hose) and emergency brake line (large diameter coiled hose) from locomotive. BRAKES ON
COACHES SHOULD IMMEDIATELY LOCK UP. Reattach large hose and brakes should release as
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reserve tanks under coaches re-pressurize. Reattach small hose.

_ _ 8) WHEEL BEARING BLOCKS: (CLEAN Fii !ING AND USE ONLY CLEAN GREASE)
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GREASE LOCOMOTIVE AND 2 COACHES (ON ROTATING BASIS) DAILY UNTIL GREASE
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FIRST DISCHARGES FROM RELIEF HOLE ON BACK OF BEARING BLOCK CLEAN AREA
THOROUGHLY AND PROPERLY DISPOSE OF ALL FOREIGN MATERIAL. REPLACE CAPS!
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TODAY I GREASED:
--------------
- - 8) GREASE BOLSTER PINS (WEEKLY): _ __
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COMMENTS: -------------------------~
TRAIN NOMENCLATURE: LEFT IS DEPOT SIDE. COACHES 1-6 (SEATS 11-66). LOCOMOTIVE: L
WHEELS/BRAKES: LlR-64R AND LlL-64L)
exas Spedal, Inc.
EMPLOYMENT AGREEMENT
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You are hereby offered a ( ) part-time or ( ) full-time ( ) temporary or ( ) permanent position as a
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( ) cashier or ( ) ca.shier and driver for the Zilker Zephyr miniature train. You have provided or will
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provide within one week the following documentation:
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I) Employment Application
2) Copy of 5 Year Driving Record (5805 N. Lamar, Bldg. A)
3) Copy of Criminal History Record (5805 N. Lamar, Bldg. G)
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4) Completed Form W-4
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5) Completed Form I-9
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You will be paid an howly rate= S in arrears on a bi-weekly basis. Wt- -Jc not provide
medical, dental or other benefits not required by applicable law. YOUR EMPLOYMENT WILL BE
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SUBJECT TO A 90 DAY PRO BATIONfTRIAL PERIOD DURING WHICH TIME YOUR
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EMPLOYMENT MAY BE TERMINATED IF TEXAS SPECIAL, INC., IN ITS SOLE DISCRETION.
DOES NOT BELIEVE THAT YOUR CONTINUED EMPLOYMENT IS BENEFICIAL 10 OUR
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COMPANY.
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The following special provisions apply: tri
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No other representations or promises regarding your employment have been stated or implied.
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You agree that any of the following actions may result in immediate termination of your employment:
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1) Theft
2) Operating the train at a higher speed than recommended
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3) Any actions regarded by management as reckless or endangering park visitors

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ALL APPLICANTS RECEIVE CONS ID ERATION FOR EMPLOYMENT WITHOUT REGARD TO

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RACE, CREED, COLOR. RELIGION OR NATIONAL ORIGIN.

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Accepted offer on this _ _ _ day of _ _ _ _ _ , 199_.

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Employee: Texas Special, Inc.

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Name Name of Representative

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Signature Signature
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Address
1100 South Fifth Strut •Austin, Texas 78704 • (512)442-4845 •Fax: (512)447-2113
TICKET PRICES
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"BIG" TICKET $2.00
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(AGE 12 AND OVER)
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"LITTLE" TICKET $1.25
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(AGE 11 AND UNDER)
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"WELL-EARNED" TICKET $1.25
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(AGE 65 AND OVER)
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"PARTY" TICKET tri $1.25 EACH
(GROUP OF 20 OR MORE)
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INFANTS UNDERAGE 1 FREE

(MUST SIT ON GUARDIAN'S LAP)
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WE APPRECIATE EXACT CHANGE! TICKETS ARE

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VALID FOR THE UPCOMING RIDE ONLY. NO

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REFUND AFTER TICKET IS TORN BY CONDUCTOR.

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"PARTY" TICKETS MUST BE PURCHASED

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TOGETHER. WE HOPE YOU ENJOY YOUR RIDE!

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SOUVENIRS
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T-SHIRTS, CAPS AND OTHER TRAIN SOUVENIRS ARE

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AVAILABLE INSIDE THE DEPOT. COME ON IN!

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(SALES TAX INCLUDED IN ALL PRICES)

ZILK.ER ZEPHYR
HOURS OF OPERATION
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10:00 A.M. TO 6:00 P.M.
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SEVEN DAYS EVERY WEEK
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(WEATHER PERMITTING)
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WE "AUTOMATICALLY" SELL UP TO 75 TICKETS FOR EACH
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RIDE. THE TRAIN HOLDS APPROX. 72 "BIG" RIDERS OR 108
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"LITTLE" RIDERS. WHEN WE'RE READY TO TAKE TICKETS,
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WE ANNOUNCE "ALL ABOARD" AND THEN COUNT THE
NUMBER OF E1v1PTY SEATS. IF ANY SPACE IS AVAILABLE,
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WE'LL SELL ADDITIONAL TICKETS (SO MAKE SURE YOURE
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READY TO BOARD WHEN THE TRAIN ARRNES IF WE'RE
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BUSY!). IF FULL, WE'LL START SELLING TICKETS FOR THE

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NEXT RIDE AS SOON AS THE TRAIN DEPARTS (SO WE DON'T

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"OVERSELL" THE AVAILABLE SEATS).

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IF THE TRAIN IS FULL, PLEASE SEAT TWO "BIG" RIDERS AND

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THREE "LITTLE" RIDERS PER SEAT SO THAT WE MAY

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ACCOMODATE AS MANY PARK VISITORS AS PRACTICAL.

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FOR GROUPS OF FIFTY OR MORE, WE WILL CONSIDER

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RESERVING A RUN SPECIALLY FOR YOU. HOWEVER, SINCE

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WE DON'T WANT TO CAUSE LONG WAITS FOR THE PUBLIC,

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WE'LL USUALLY ONLY RESERVE THE FIRST RIDE OR TWO IN

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THE MORNING, OR THE LAST RIDE IN THE EVENING.

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FOR MORE INFORMATION, CALL 478-8286

RIDE RULES
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1) PLEASE REMAIN SEATED, FASTEN YOUR SEAT BELT
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AND KEEP YOUR ARMS AND LEGS INSIDE THE COACH
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AT ALL TIMES WHILE ON THE TRAIN. RIDERS FAILING
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TO COMPLY WILL BE REMOVED FROM THE TRAIN.
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2) WHEN WE'RE BUSY, BE READY TO BOARD THE TRAIN AS
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SOON AS IT ARRIVES. IT WILL DEPART APPROXIMATELY
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FIVE TO THIRTY MINUTES AFTER ARRIVAL. CHECK THE
DAILY SCHEDULE BOARD FOR MORE INFORMATION.
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3) DO NOT BOARD THE TRAIN UNTIL YOU HAVE A TICKET.
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TICKETS ARE "FIRST COME, FIRST SERVED" AT THE
TICKET WINDOW IN FRONT OF THE DEPOT.
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4) HOLD ONTO YOUR TICKET UNTIL TAKEN BY
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CONDUCTOR. IF YOU LOSE YOUR TICKET, YOU'LL HAVE
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TO BUY ANOTHER TO RIDE THE TRAIN.

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5) NO PETS ON THE TRAIN UNLESS THEY ARE HELD IN

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GUARDIANS' LAP FOR THE ENTIRE RIDE, DO NOT DISTURB

OTHER PASSENGERS AND THERE ARE TWO OR MORE
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PAYING PASSENGERS ON THE SEAT.

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6) NO STROLLERS OR OTHER LARGE OBJECTS ON TRAIN.

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THESE CAN BE LEFT IN FRONT OF DEPOT. WE WILL

ATTEMPT TO WATCH THEM FOR YOU BUT WILL NOT BE
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HELD RESPONSIBLE FOR THEIR SECURITY.

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7) NO OPEN UMBRELLAS ON THE TRAIN. CAPS AND

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SUNGLASSES ARE RECOMMENDED FOR SUMMER MONTHS.

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8) NO UNDUE LOITERING, NO OBJECTIONABLE LANGUAGE,

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NO GLASS CONTAINERS, AND NO ADVERTISING OR

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GRAFFITI ON THE TRAIN, IN THE DEPOT OR IN THE PARK.

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9) IF THE ATTENDANT FAILS TO GIVE YOU A TICKET,

PLEASE ASK FOR YOUR FREE RIDE VOUCHER. CALL 499-
6723 FOR ASSISTANCE OR COMPLAINTS.
PLEASE DO NOT LITTER!
RA-0165-96
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Texas Special Incorporated
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OBA the Zilker Zephyr
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To Austin Parks and Recreation Department:
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The hours of operation for the Zilker Zephyr are as follows -
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Monday through Friday: 10 a.m. to 6 p.m. *
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Saturday and Sunday: 10 a.m. to 7 p.m. *
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*weather permitting tri
September - March closing time will change one hour back, due to daylight savings time
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The cost for train tickets are as follows -

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Children 1 and under are free.

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Children 1-11: $2
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Adults 12 -65: $3
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Senior Citizens 65 and over: $2

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Austin
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Parks and
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Recreation
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Austin Park and Recreation Department
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Addendum
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(Texas Special DBA Zilker Zephyr)
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December 7, 2007
Texas Special
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10617 River Plantation Dr.
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Austin, TX 78747
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Dear Texas Special,
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The permanent concession doing business as Zilker Zephyr will be allowed to continue operations
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during the Trail of Lights Festival, hosted by the Austin Parks and Recreation Department. During
the Trail of Lights Festival, the train owner will be allowed to set-up a separate booth on the Trail of
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Lights, with the location determined by the Contract Manager at least one week prior to the start of
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the Festival. A 20 amp electrical service shall be provided, contingent on Austin Electric
Department for lighting the train depot booth.
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The approved permanent contract concession prices will be used, while operating during the Trail of
Lights Festival. The only approved sales allowed at the train depot booth will be train ride tickets.
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No food, beverages, or other commodities, of any kind, will be allowed to be sold at the Train
Depot. The Austin Parks and Recreation Department policy prohibits the use of Styrofoam
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products in the City of Austin Parks.

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Acting Director, Parks an

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Page 1 of 1
Transmission Report
Date/Time 12-07-2007 03 09 00 p.m. Transmit Header Text COA Parks and Recreation
Local ID 1 5129746729 Local Name 1 PARO PURCHASING
Local ID 2 Local Name 2
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This document : Confirmed
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(reduced sample and details below)
Document size: 8.5"x11"
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Addendum
(Texas Special DBA 7.ilker 7.ephyr)
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December 7, 2007
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Texas Special
10617 River Plantation Dr.
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Austin, TX 78747
Dear Texas Special,

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The pt.'llflaneot coocession doing business as Zillcer 2'.ephyr will be allowed to continue operations
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the Trail of Lights Festival. the train owner will be allowed to set.·up a separate booth on the Trail of
Lights, with the location determined by the Contrac.'t Manager at least one week prior to the start of
the Festival. A 20 amp electrical service shall be provided, contingent on Austin Elet.1ric
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Departmem for lighting the train depot booth.
The approved permanent contract concession prices will be used, while operating during the Trail of
Lights Festival. The only approved sales allowed at the train depot booth will be train ride tickets.
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No food, beverages, or other conunodities, of any kind. will be allowed to be sold at the Train
Depot The Austin Parks and Recreati<m Department policy prohibits the use of Styrofoam
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Acting Director, Parks an R.e...'Telltion

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Page I of l
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Total Pages Scanned· 1 Total Pages Confirmed :

No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results
001 510 512 447 5872 03 0741p.m.12-07-2007 00 00 33 1 /1 EC HS CP9600
Abbreviations
HS Host send PL Polled local MP Mailbox print TU: Terminated by user
HR Host receive PR Polled remote CP Completed TS Terminated by system G3 Group 3
WS Waiting send MS Mailbox save FA Fail RP: Report EC· Error Correct
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Addendum
(Texas Specia) DBA Zilker Zephyr)
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December 7, 2007
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Texas Special
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10617 River P1antation Dr.
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Austin, TX 78747
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Dear Texas Special,
The permanent concession doing business as Zilker Zephyr will be allowed to continue operations
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the Trail of Lights Festival, the ttain owner will be allowed to set-up a separate booth on the Trail of
Lights. with the location determined by the Contract Manager at least one week prior to the start of
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the Festival. A 20 amp electrical service shall be provided, contingent on Austin Electric
Department for lighting the train depot booth.
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The approved permanent contract concession prices wiJJ be used. while operating during the Trail of
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Lights Festival. The only approved sales allowed at the train depot booth wilJ be train ride tickets.
No food, beverages, or other commodities. of any kind, will be allowed to be sold at the Train
Depot. The Austin Parks and Recreation Department policy prohibits the use of Styrofoam
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Director,~-
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Acting
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Page J of l
Kormanik, Trish
From: Banda, Cruz

Sent: Wednesday, July 18, 2007 3:25 PM
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To: Kormanik, Trish
FW: Scan from a Xerox WorkCentre Pro
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Subject:
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Attachments: Scan001.PDF
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Scan001.PDF (33
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KB)
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PARK
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Zilker
Botanical Gardens
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llADIO COllTllOl.Ll:D .&lllP'\.All[ PltLD
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PHONE AND ADDRESS LIST
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TEXAS SPECIAL, INC. DBA ZILKER ZEPHYR ( 512) 4 78. 8286
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MAILING: 1100 SOUTH FIFTH ST., AUSTIN, TX 78704
PHYSICAL: 2201 BARTON SPRINGS RD., AUSTIN, TX 78746
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IMPORTANT NUMBERS:
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EMERGENCY 911
PARK POLICE (NON-EMERGENCY) 356.4249
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ANIMAL CONTROL 472. 7387
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MECHANIC (TONY KUPRES) 442.1600/443.2144
PARK MANAGER (SARA MACIAS) ct

478.0905/613.2362
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MAINTENANCE COMPOUND 472.4914
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TI!\lli AND TEMPERATURE 973.3555

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EMPLOYEES: HOME CELL/PAGER OTHER

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TOM LARKIN 442-4845 627.1096 447.2113 (FAX)

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-454.3407 657.5~3
AL-EX MCLAUCHLIN
Er ',V\ l>i'G2...\. bl!.rj c
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V\. '-f4 -o z.ro

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LIZ CONWAY 347.lg36
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JOHN LARKIN 280.2066 497.7555

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JOIIli BOURL'\ND 442.g277 9J5,9g5_:;7 .Su.'"""" ""j tk-rtt Ls ""'"

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~oh S. •' V'\ ~er '-/-!:>-1 - D'f/ C

BA\fE R-OBERTS H7.352&'
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OTHER:
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282.51482 474.9895
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ABEL RODRIGUEZ
PROPANE STORAGE CAGE COMBINATION: 4.30.12

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P.02
HOME OFFICE• 2ns SANDERS ROAD

NORTHBROOK. ILLINOIS
ALLSTATE INSURANCE COMPANY
A STOCK INSURANCE COMPANY
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COMMERCIAL GENERAL LIA91UTY
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OCCURRENCE POLICY
POLICY NO. 49109521
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DECLARATIONS
1. Namect tnaund RODRIGUEZ CONCESSIONS
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INC OBA AUSTIN CONCESSION
Adclreu 10617 RIVER PLANTATION OR
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AUSTIN TX 78747-1417
2. Pottcy Period: from 03/28107 To 03/26108
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a.pnfli!'I-.. ..,.,. ll tnn A.M
3. The N81MC1 IMUrM ts: CORPORATION
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4. 8uslMU olf tM .,__, ........ AUSTIN CONCESSION
5. lnaurwe le provided subject to the llmlls olf lnsunlftce lnHrted Nlow.
no cow.,.....
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I. L...... olf fntJUIWICe
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GENERAL AGGR£GATE LIMIT (Other traan Products • Completed Ooerations) s 1,100,000
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PRODUCTS.cOMPLE"ftO OPERATIONS AGGREGATE LIMIT DOES NOT APPLY
PERSONAL and ADVERTISING INJURY LIMIT $ 500,000
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EACH OCCURRENC£ LIMIT tri s soo,ooo
DAMAGE TO PREMISES RENTED TO YOU LIMIT I 110,000 ANY ONE
PREMISES
MEDICAL EXPENSE LIMIT I 5,111
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PERSON
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$
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,,_ 031' 1'07 to 03/2 " •

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CG2187 APPLIES TO STATE: TX

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The portion of the total annual advance premium shown above that is attributable to coverage for losses
caused by •acts of terrorism" to which tl\e Program established by the 'Terrorism Risk tnsurance Act
of 2002"' as extended on December 22, 2005 applies is $16 • SEI DISCLOSUltl NOTICI ON PAGE
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·8lN201A-3
(EO. 06-06) Page 1of3
P.01
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501 Shelley Drive, Suite 160
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Tyler, TX 75701
WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
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Insured: Rodriguez Concessions, Inc. Policy Number: OGW 0000324-02
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EXTENSION OF INFORMATION PAGE FOR ITEM #4
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SCHEDULE OF PREMIUMS
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Thia Polley Period Is From: 12/10/2006 To 12/10/2007
Premium Basis
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Total Estimated Rate Per Estimated
Code Annual $100 of Annual
Classifications No. Remuneration Remuneration Premium
Golf Driving Ranges & Drivers 9016
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62,000 4.47 2,771
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Restaurant Noc 9079 40,000 4.52 1,808
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Manual Premium 4,579

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Subject Premium 4,579

Exp. Modifier 0.88 9898 (549)
Modified Premium 9999 4,030
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Schedule CrediVDebit -10% 9887 (403)

Standard Premium 3,627
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Normal Premium 3,627

Expense Constant 140
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Terrorist Act Charge - Payroll 9740 20
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Total Estimated Premium $3,787

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iC 00 00 01 A (Form: 101)
, ...... vvu1Y ua111cil 1u. 1v1enay 1v1arshall Date: 9/26/2005 Time: 10:12:54 AM Page 3 of 3
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Vahl, Hannah
From: Richardson, Vanorda

Sent: Friday, December 06, 2019 3:26 PM
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To: z71jay@msn.com
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Cc: Rossett, Patricia; Cox, Denisha; Restivo, Gabrielle
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Subject: Best and Final Offer for the Miniature Train Concession Contract at Zilker Park
Attachments: OfferLetterZilkZephyr_12.06.19.pdf
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Mr. Abel Rodriguez
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Vice President
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Texas Special Company, Inc.
10617 River Plantation Drive
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Austin, TX 78747
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The City of Austin Parks and Recreation Department (PARD) is extending an invitation to enter into a concession
contract with the City for the repair, operation, and maintenance of the Miniature Train Concession at Zilker
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Park. The contract term is for an initial three-year period, with two one-year extension options, for a total
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contract period of five years. The contract period begins at the date of contract execution. This invitation
represents the Best and Final Offer.
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A response to this invitation is due by 2:00 p.m., Friday, December 20, 2019. Please respond in writing to Patricia
Rossett, Contract Management Supervisor II, at 200 South Lamar Blvd., Austin, TX 78704. You may also respond
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via email at Patricia.Rossett@austintexas.gov.

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If you have any questions regarding contract terms and conditions, please feel free to contact Patricia Rossett
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at (512) 974-6778. Alternatively, you may submit your questions in writing no later than 5:00 p.m., Wednesday,
December 11, 2019, to Patricia Rossett at the email address indicated above. If applicable, a response will be
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provided in writing via email to z71jay@msn.com by 5:00 p.m., Wednesday, December 18.
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Attached to this email is the signed offer letter from Kimberly McNeeley, Director, Parks and Recreation
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Department. The original signed copy has been sent certified mail to the above address.
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Thank you for your interest in doing business with the City of Austin.
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Financial Manager
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Office: (512) 974-6709
Vanorda.Richardson@austintexas.gov
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From: Rossett, Patricia

Sent: Friday, January 31, 2020 1:04 PM
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To: Cox, Denisha
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Subject: FW: Deadline Reminder
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From: Jason Rodriguez <z71jay@msn.com>
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To: Rossett, Patricia <Patricia.Rossett@austintexas.gov>
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Subject: Re: Deadline Reminder
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After speaking with Abel, we have come to the decision that we cannot accept this offer with the Parks and
Recreation department.
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Thank you,
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Jason Rodriguez
From: Rossett, Patricia <Patricia.Rossett@austintexas.gov>

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Sent: Thursday, December 19, 2019 3:53 PM

To: z71jay@msn.com <z71jay@msn.com>
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Cc: Rossett, Patricia <Patricia.Rossett@austintexas.gov>; Cox, Denisha <Denisha.Cox@austintexas.gov>; Restivo,

Gabrielle <Gabrielle.Restivo@austintexas.gov>; Richardson, Vanorda <Vanorda.Richardson@austintexas.gov>; Piper,
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Suzanne <Suzanne.Piper@austintexas.gov>
Subject: Deadline Reminder
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DEADLINE REMINDER:
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Thank you.
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From: Richardson, Vanorda <Vanorda.Richardson@austintexas.gov>

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To: z71jay@msn.com
Cc: Rossett, Patricia <Patricia.Rossett@austintexas.gov>; Cox, Denisha <Denisha.Cox@austintexas.gov>; Restivo,
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Gabrielle <Gabrielle.Restivo@austintexas.gov>
1
Mr. Abel Rodriguez
Vice President
Texas Special Company, Inc.
10617 River Plantation Drive
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Austin, TX 78747
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Dear Mr. Abel Rodriguez:
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The City of Austin Parks and Recreation Department (PARD) is extending an invitation to enter into a concession
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contract with the City for the repair, operation, and maintenance of the Miniature Train Concession at Zilker
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Park. The contract term is for an initial three-year period, with two one-year extension options, for a total
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contract period of five years. The contract period begins at the date of contract execution. This invitation
represents the Best and Final Offer.
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If you have any questions regarding contract terms and conditions, please feel free to contact Patricia Rossett
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at (512) 974-6778. Alternatively, you may submit your questions in writing no later than 5:00 p.m., Wednesday,
December 11, 2019, to Patricia Rossett at the email address indicated above. If applicable, a response will be
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provided in writing via email to z71jay@msn.com by 5:00 p.m., Wednesday, December 18.
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Attached to this email is the signed offer letter from Kimberly McNeeley, Director, Parks and Recreation
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Department. The original signed copy has been sent certified mail to the above address.
Thank you for your interest in doing business with the City of Austin.
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Vanorda Richardson
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Financial Manager
City of Austin
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Office: (512) 974-6709

Vanorda.Richardson@austintexas.gov
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CAUTION:This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links
or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to
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CSIRT@austintexas.gov.
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Zilker Zephyr Lawsuit

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Zilker Zephyr Lawsuit

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1/31/2020 5:36 PM

Tex. R. Civ. P. 190.4.

III. JURISDICTION AND VENUE

IV. BACKGROUND FACTS

Agreement. Improvements existing as of the commencement of

the term of this Agreement shall be deemed to be permanent

concession facilities or fixtures unless Contractor shall advise the

and remove such improvements.

regarding ownership of fixtures. Ex. 1: Piper Decl., ¶ 6.

2020. Ex. 1: Piper Decl. ¶ 7.

from pulling up the track. See Ex. 1: Piper Decl, ¶ 9.

13. All conditions precedent have been performed or have occurred.

VI. CAUSES OF ACTION

temporary restraining order.

VIII. RELIEF REQUESTED

F.O.B. Point: NIA

Contract Period: October 1, 1996 thru September 30, 2006

Extension Options: Two(2) Five (5) year extension options

Source, Address, Phone and Texas Special

Attn: Tom Larkin

1100 S 5th Street

Buyer Name and Signature:

Purchasing Office, (512) 499-1892

REVIEWED AND APPROVED:

Reference File No.: RA0165-96

AuthoriZllCf R8pt9~ City of Austin

-=---+'7 I 1~101 ~70_1J,___f°_7_______

9W!J!tin. Revtm<t and eiee

3.0 IMELY DELIVERY:

copy of the Purchase Release transmitted to the Supplier.

4.0 UNSATISFACTORY PERFORMANCE:

Departments incurring consistent unsatisfactory performance under an Agreement shall

5.0 MATERIAL DISCREPANCY RF.SOLUTION AND REPORTING:.

payment and advise the Purchasing Office of the situation.

Contractor and the City Manager or his designee.

reasonably necessary to resolicit.

Susanne Brubaker Texas Special

Financial and Administrative Austin, Texas 78704-2310

1. Contract with Exhibit A

shall be defined as all income of whatever narure received by or accruing to

Current Month Year to Date Totals

Unadjusted Gross Sales

Adjusted Gross Sales

Less: Sales Tax

Total Commission Due

Amount Paid: Check#:

received at this concession for the reporting period indicated.

(Signature of Contractor) (Date)

and Recreation Department.

opportunity. Adjustment shall be made to any scheduled performance or operation for

B. The Contractor shall provide employees in adequate number to serve the

public at the contract premises.

C. The Contractor shall provide all equipment necessary to the operation

D. The Contractor shall provide complete maintenance services for the

miniature train and auxiliary structures.

E. The Contractor shall be responsible for all expenses incurred in the

premises. Concession facilities and premises shall be maintained in good

G. Contractor shall engage only in the operation of a miniature train

III. STANDARD BUSINESS PROCEDURES

A. Signage: Contractor must post a sign stating: If the attendant fails to

D. Contractor shall submit a monthly activity/attendance report to the

E. Contractor shall submit to the Parks and Recreation Department

F. Contractor shall pay the City 11 % of gross sales. Payments shall be

"gross sales" as used in this Agreement shall be defined as all income of