HomeMy WebLinkAboutContract 39174 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 39
L4
WHEREAS,Union Pacific Railroad Co. ("UP") desires to make certain improvements
to infrastructure in and around property within the City of Fort Worth,Texas related to UP's
obligations under a Formal Agreement executed on or before January 8,2009 among UP, the
City of Fort Worth,Texas Department of Transportation and the North Texas Tollway Authority
(hereinafter,the"Formal Agreement"),City Secretary Contract No. 38136(the"Project"); and
WHEREAS,UP has requested the City of Fort Worth,a home-rule municipal
corporation situated in Tarrant,Denton,Parker, and Wise Counties,Texas,hereinafter called
"City",permission to do certain work in connection with said Formal Agreement.
NOW,THEREFORE,KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and UP do
hereby agree as follows:
General Requirements
A. The aforesaid Recitals are hereby incorporated into this Agreement by this
reference. The Policy for the Installation of Community Facilities
("Policy") dated March 2001, approved by the City Council of the City of
Fort Worth and subsequently amended from time to time via a Mayor and
Council Communication adopted by the City Council of the City of Fort
Worth, is hereby incorporated into this Community Facilities Agreement
("CIA") as if copied herein verbatim. UP agrees to comply with all
provisions of said Policy in the performance of its duties and obligations
hereunder and to cause all contractors hired by UP to comply with the
Policy in connection with the work performed by said contractors.
B. UP shall provide financial security in conformance with paragraph 6,
Section II, of the Policy as required by §212.073, Texas Local Government
Code and Chapter 2253, Texas Government Code. Acceptable forms of
guarantee for this CIA, include but are not limited to, a letter of credit in
an amount equal to 125% of the estimated cost of constructing the
improvements contemplated herein of one year's duration issued by a
financial institution located in either the states of Texas or Nebraska, cash
in an amount equal to 125% of the estimated cost of constructing the
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improvements contemplated herein, or a Developer Bond in an amount
equal to 100 percent of the estimated costs of constructing the
improvements contemplated herein. The City agrees that the estimated
cost of construction is $258,803.30.
C. UP recognizes that there shall be no reduction in the guarantee until the
improvements have been completed and the City has officially inspected
and approved the work in question, with said review and approval not to be
unreasonably withheld or unduly delayed and accepted the infrastructure in
question. UP further acknowledges that said process requires it to submit
an Affidavit of Bills Paid signed by its contractor and Consent of Surety
signed by its surety to ensure the contractor has paid the sub-contractor
and suppliers in full. Additionally, the contractor will provide in writing
that the contractor has been paid in full for all the services provided
under this CFA.
D. UP agrees to cause the construction of the improvements contemplated by
this CFA and that said construction shall be completed in a good and
workmanlike manner and in material accordance with all City standards
and the City-approved construction plans, specifications and cost estimates
provided for the Project and the exhibits attached hereto.
E. The following checked exhibits are made a part hereof. Water (Ah,
Sewer (A-1) _; Paving (B) X Storm Drain (B-1) ; Street
Lights & Signs (C) : and ( ).
F. UP shall award all contracts for the construction of community facilities in
accordance with Section II, paragraph 7 of the Policy and the contracts for
the construction of the public infrastructure shall be administered in
conformance with paragraph 8, Section 1I, of the Policy.
G. For all infrastructure included in this Agreement for which UP awards
construction contract(s), UP agrees to the following:
i. To employ a construction contractor who is approved by the director of
the department having jurisdiction over the infrastructure to be
constructed, said contractor to meet City's requirements for being
insured, licensed and bonded to do work in public streets and/or
prequalified to perform water/waste water construction as the case may
be. The City hereby acknowledges and agrees that the following
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contractors are hereby pre-approved: Polivka International Company,
Inc.
ii. To require its contractor to furnish to the City a payment and
performance bond in the names of the City and UP for one hundred
percent (100%) of the contract price of the infrastructure, and a
maintenance bond in the name of the City for one hundred percent
(100%) of the contract price of the infrastructure for a period of two (2)
years insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be
furnished before work is commenced and to meet the requirements of
Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard specifications and contract
documents for developer-awarded infrastructure construction contracts.
The City shall be named as additional insured on all insurance required
by said documents and same will be evidenced on the ACORD
Certificate of Insurance supplied by the contractor's insurance provider
and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence construction so
that City inspection personnel will be available; and to require the
contractor to allow the construction to be subject to inspection at any
and all times by City inspection forces, and not to install or relocate any
sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, which consent
shall not be unreasonably withheld or unduly delayed and to make such
laboratory tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents
submitted to the City to schedule a Pre-Construction Meeting. The
submittal should occur no less than 10 working days prior to the desired
date of the meeting. No construction will commence without a City-
issued Notice to Proceed to UP's contractor.
vi. To delay connections of buildings to service lines of sewer and water
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mains constructed under this Agreement until said sewer and water
mains and service lines have been completed to the satisfaction of the
Water Department.
H. UP agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by this
Agreement.
I. City shall not be responsible for any costs that may be incurred by UP in the
relocation of any utilities that are or may be in conflict with any of the
community facilities to be installed hereunder.
J. UP hereby releases and agrees to indemnify, defend and hold the City
harmless for any inadequacies in the preliminary plans, specifications and
cost estimates supplied by UP for this Agreement.
K. UP further covenants and agrees to, and by these presents does hereby, fully
indemnify, hold harmless and defend the City, its officers, agents and
employees from all suits, actions or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by
any persons (including death) or to any property, resulting from or in
connection with the negligent act or omission, recklessness, or willful
misconduct of UP, its contractors, subcontractors, officers, agents or
employees in the construction, design, performance or completion of any
work to be performed by UP, its contractors, subcontractors, officers, agents
or employees, or in consequence of any failure to properly safeguard the
work.
L. UP will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against any
and all claims, suits or causes of action of any nature whatsoever, whether
real or asserted, brought for or on account of any injuries or damages to
persons or property, including death, resulting from, or in any way
connected with, the negligent act or omission, recklessness, or willful
misconduct of UP, its contractors, subcontractors, officers, agents or
employees in the construction, design, performance or completion of any
work to be performed by UP, its contractors, subcontractors, officers, agents
or employees of the construction of the infrastructure contemplated herein.
Further, UP will require its contractors to indemnify, and hold harmless the
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City for any losses, damages, costs or expenses suffered by the City or
caused as a result of said contractor's failure to complete the work and
construct the improvements in a good and workmanlike manner, free from
defects, in conformance with the Policy, and in accordance with all plans
and specifications.
M. Upon completion of all work associated with the construction of City-owned
public infrastructure, UP will assign to the City a non-exclusive right to
enforce the contracts entered into by UP with its contractor with respect to
improvements consisting of such City-owned public infrastructure along
with an assignment of all warranties given by the contractor with respect to
improvements consisting of such City-owned public infrastructure, whether
express or implied. Further, UP agrees that all contracts with any contractor
with respect to improvements consisting of such City-owned public
infrastructure shall include provisions granting to the City the right to
enforce such contracts as an express intended third party beneficiary of such
contracts.
N. Inspection and material testing fees are required as follows:
i. For Water and Wastewater improvements to be constructed under this
CFA, if any, UP shall pay in cash an amount equal to four percent(4%) of
the total construction costs of the water and wastewater improvements, as
stated in the construction contract, for inspection and materials testing(2%
for inspection and 2% for materials testing).
ii. For Paving and Storm Drain improvements to be constructed under this
CFA, if any, UP shall pay in cash paving and storm drain inspection fees
equal to four percent (4%) and material testing fees equal to two percent
(2%) for a total of 6% of the total Paving and Storm Drain construction
cost as stated in the construction contract.
iii. UP shall pay in cash the total cost of streetlights to be constructed herein
or if the city is not installing the streetlights, inspection fees equal to four
percent(4%) of the UP's share of the streetlight construction cost as stated
in the construction contract.
iv. UP shall pay in cash the total cost of street signs to be installed herein.
O. COMPLETION WITHIN 2 YEARS
i. Nothing contained herein is intended to limit UP's obligations under
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the Policy, this CFA, its financial guarantee, its agreement with its
contractor or other related agreements.
ii. The City may utilize UP's financial guarantee submitted for this CFA to
cause the completion of the construction of the community facilities to
be constructed pursuant to this Agreement if at the end the UPRR
Construction Period set forth in the Formal Agreement, the community
facilities to be constructed pursuant to this Agreement have not been
completed and accepted.
iv. The City may utilize the UP's financial guarantee to cause the completion
of the construction of the community facilities to be constructed
pursuant to this Agreement or to cause the payment of costs for
construction of same before the expiration of the UPRR Construction
Period set forth in the Formal Agreement if the UP breaches this CFA
and fails to cure such breach within thirty (30) days after receipt of
written notice of breach issued to UP by the City, or within such
additional period of time as may be reasonably necessary provided UP
diligently commences and pursues such cure, becomes insolvent or fails
to pay costs of construction and the financial guarantee within thirty(30)
days written notice of breach issued to UP by the City.
P. All notices to be provided under this Agreement shall be delivered
personally or sent by a recognized overnight air courier services,
addressed to such party at the following addresses:
Grantee: Union Pacific Railroad Company
Attn: AVP Engineering—Design and Construction
1400 Douglas Street—STOP 0910
Omaha,NE 68179-0910
With a copy to: Union Pacific Railroad Company
Attn: Real Estate Attorney
1400 Douglas Street—STOP 1580
Omaha,NE 68179-1580
City: Dale A. Fisseler, P.E.
City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
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With a copy to: Amy J. Ramsey
Assistant City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth,TX 76102
A notice shall be deemed received by a party upon its personal delivery
to that party, one business day after its deposit with a recognized
overnight air courier service properly addressed to that party, or upon
that party's actual receipt. Any party may change its notice address by
notifying the other parry at its then-current notice addresses.
R. If any term, condition or provision of this Agreement or the application
thereof shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement (or the application of such term, provision or condition to
persons or circumstances other than in respect of which it is invalid or
unenforceable) shall not be affected thereby, and each term, provision and
condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
(Remainder of page intentionally left blank
Cost Summary Sheet to follow)
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Cost Summary Sheet
Project Name: UPRR-Davidson Yard Improvements(Paving Improvements Associated With
The Overhead Railroad Crossings at Rogers Road,University Drive,Old University and Forest
Park Blvd.
CFA No.: DOE No.: 6211
UPRR Davidson Yard Fort Worth, TX
Contractor Cost Estimate(Polivka International Company, Inc.)
Overhead Street Crossings -Pavement, Sidewalk and Curb&Gutter Replacement
Rogers Road, University Drive, Old University Drive& Forest Park
7/23/2009
ITEM Quantity Unit Unit Price Total
ROGERS ROAD
1 Traffic Control Plan Implementation 1 LS $ 83,961.50 $ 83,961.50
Subtotal $ 83,961.50
UNIVERSITY DRIVE
2 Traffic Control Plan Implementation 1 LS $ 49,435.00 $ 49,435.00
3 Remove 4" Median Pavement 390 SF $ 0.50 $ 195.00
4 Replace 4"Median Pavement 210 SF $ 4.00 $ 840.00
5 Remove Curb&Gutter 110 LF $ 1.00 $ 110.00
6 Replace Curb&Gutter 110 LF $ 18.00 $ 1,980.00
7 Remove Pavement(assume 8"concrete) 480 SF $ 0.50 $ 240.00
8 Replace Pavement(assume 8"concrete) 480 SF $ 9.00 $ 4,320.00
9 Remove 4"Concrete Sidewalk 355 SF $ 0.50 $ 177.50
10 Replace 4"Concrete Sidewalk 355 SF $ 5.00 $ 1,775.00
11 Relocate Street Light on wooded pole 2 EA $ 675.65 $ 1,351.30
Install 5-Bay Barrier System Attenuating Crash
12 Cushion TAU-11(N)-05 1 EA $ 3,000.00 $ 3,000.00
13 Remove Metal Beam Guard Fence 90 LF $ 2.00 $ 180.00
14 Install Metal Beam Guard Fence 69 LF $ 20.00 $ 1,380.00
Subtotal $ 64,983.80
OLD UNIVERSITY DRIVE
15 Traffic Control Plan Implementation 1 LS $ 5,682.50 $ 5,682.50
16 Remove Pavement(assume 8"concrete) 2,157 SF $ 0.50 $ 1,078.50
17 Replace Pavement(assume 8"concrete) 445 SF $ 9.00 $ 4,005.00
18 Remove Curb&Gutter 120 LF $ 1.00 $ 120.00
19 Replace Curb&Gutter 262 LF $ 18.00 $ 4,716.00
20 Install 4" Median Pavement 227 SF $ 4.00 $ 908.00
21 Remove Bike Trail Pavement 780 SF $ 0.50 $ 390.00
22 Replace Bike Trail Pavement(6"concrete) 780 SF $ 7.00 $ 5,460.00
23 Install 'Road Narrows"Sign 1 EA $ 250.00 $ 250.00
24 Install "Divided Median"Sign 1 EA $ 250.00 $ 250.00
25 Place 6"Topsoil&Seed/Hydromulch 1,400 SF $ 0.50 $ 700.00
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26 Install 2-Bay QuadGuard System 1 EA $ 611.50 $ 611.50
27 Install Metal Beam Guard Fence 25 LF $ 20.00 $ 500.00
Subtotal $ 24,671.50
FOREST PARK
28 Traffic Control Plan Implementation 1 LS $ 73,090.00 $ 73,090.00
29 Remove 4"Median Pavement 375 SF $ 0.50 $ 187.50
30 Replace 4"Median Pavement 180 SF $ 4.00 $ 720.00
31 Remove Curb &Gutter 120 LF $ 0.75 $ 90.00
32 Replace Curb&Gutter 120 LF $ 18.00 $ 2,160.00
33 Remove Pavement assume 8"concrete 700 SF $ 0.50 $ 350.00
34 Replace Pavement(assume 8"concrete) 700 SF $ 9.00 $ 6,300.00
35 Remove 4"Concrete Sidewalk 305 SF $ 0.50 $ 152.50
36 Replace 4"Concrete Sidewalk 305 SF $ 5.00 $ 1,525.00
37 Install 2-Bay QuadGuard System 1 EA $ 611.50 $ 611.50
Subtotal $ 85,186.50
Grand Total $ 258,803.30
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IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument to be executed in
quadruplicate in its name and on its behalf by its Assistant City Manager,attested by its City
Secretary,with the corporate seal of the City of l d,and said UP has executed this instrument in
quadruplicate,at Fort Worth,Texas this day of ,
200 .
CITY OF FORT WORTH UNION PACIFIC RAILROAD CO.
Fernando Costa Na e. Lawrence zore
Assistant City Manager Title: Assistant Vice President-Law
Recommended:
7
B Beck,P.E.
Program Manager
and/or
Water Department
Wendy Chi-Babulal,EMBA,P.E.
Development Engineering Manager
Approved as to Form&Legali
C-a.3� g i
Contract authorizatiox
1 a�f 0
Assista City Attorney Date
ATTEST:
OFFiC1AL RECORD
C17Y SECRETARY
Marty Hendrix FT WORTH, TX
City Secretary
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Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Location Map
❑ Exhibit A: Water Improvements
❑ Water Estimate
❑ Exhibit A-1: Sewer Improvements
❑ Sewer Estimate
® Exhibit B: Paving Improvements
® Paving Estimate
❑ Exhibit 13-1: Storm Drain Improvements
❑ Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
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Official site of the City of Fort Worth,Texas
WO R
CITY COUNCIL AGENDA FORT ri>
COUNCIL ACTION: Approved on 9/22/2009
DATE: 9/22/2009 REFERENCE **C-23781 LOG NAME: 02SWP AMEND5 UPRR
NO.: FORMAL AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Amendment No. 5 to City Secretary Contract No. 38136, a Formal Agreement
Associated with the Southwest Parkway Project, Between the North Texas Tollway
Authority, the Texas Department of Transportation and the Union Pacific Railroad
Company; Authorize Related Easements, Encroachment, Reimbursement, Community
Facility, Construction Coordination, Access and Maintenance, Temporary Permit,
Highway Overpass Easement and Right of Entry Agreements; Authorize Amendment No.
1 to a Drainage and Waterway Agreement and Authorize Deeds
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute the following documents associated with the Southwest Parkway
project:
a. Encroachment Agreement with Union Pacific Railroad Company and waive administrative fees
related thereto;
b. Community Facilities Agreement with Union Pacific Railroad Company and waive administrative
(not materials testing or inspection) fees related thereto;
c. Easements from the Union Pacific Railroad Company to the City of Fort Worth for water and sewer
pipelines at no cost with the Union Pacific Railroad Company responsible for cost of future relocations it
requests, if any;
d. Reimbursement Agreement with Union Pacific Railroad Company in an amount up to $100,000.00
for the design and construction costs related to the Trinity River East Bank Maintenance Road;
e. Construction Coordination Agreement setting forth Union Pacific Railroad Company, the North
Texas Tollway Authority and City of Fort Worth construction coordination procedures;
f. Temporary Permit Agreements for construction activities of Union Pacific Railroad Company, the
City of Fort Worth and the North Texas Tollway Authority on property not owned by the constructing party;
g. Right-of-Entry Agreements for construction activities by Union Pacific Railroad Company on
property the City of Fort Worth has the right to possess but has not yet obtained fee ownership;
h. Highway Overpass Easement Agreement for the new Hulen Street Bridge to be constructed on and
over Union Pacific Railroad Company property;
i. Access and Maintenance Agreement for access and maintenance for the Hulen Street Bridge and
water and sewer utilities constructed by the City of Fort Worth on Union Pacific Railroad Company property;
J. Amendment No. 1 to a Drainage and Waterway Agreement with Union Pacific Railroad Company to
provide that Union Pacific Railroad Company will make necessary modifications to City drainage facilities at
the Union Pacific Railroad Company's sole cost and expense and that City of Fort Worth will maintain said
facilities at City's sole cost and expense;
k. Amendment No. 5 to City Secretary Contract No. 38136, a Formal Agreement with the North Texas
Tollway Authority, Union Pacific Railroad Company and the Texas Department of Transportation to, among
other things, establish funding sources, remove the parties' termination rights and authorize mutually
agreeable property right conveyances;
2. Authorize conveyance in accordance with Amendment No. 5, of:
a. Portions of parcels 51, 61 and 65 shown as 09-10 PT6 and PT8 (shown on the attached) to the
Texas Department of Transportation, provided that the City of Fort Worth obtains fee ownership of the
parcels;
b. Parcels 51, Save and Except 09-10 PT6, provided the City obtains fee ownership of parcel 51, 53-
PT1, 53-PT2, 55, 56-PT1, 56-PT2, 59, 60, 61, 62-PT1, 62-PT2, 65, Save and Except 09-10 PT8, provided
the City obtains fee ownership of parcel 65 and 66 - 89, shown on the attached, to the North Texas Tollway
Authority; and
3. Direct staff to reserve $500,000.00 from Bond Funds Transfer SWP00015 for environmental remediation
on City-owned property that will be encumbered in a future council action.
DISCUSSION:
The 2004 Capital Improvement Program included funds for the Southwest Parkway 121T project.
Subsequent funding was included in the 2007 Critical Capital Program.
On January 6, 2009, (M&C C-23268) City Council approved a Formal Agreement with the North Texas
Tollway Authority (NTTA), the Texas Department of Transportation (TxDOT) and Union Pacific Railroad
Company (UPRR) to facilitate construction and operation of the Southwest Parkway across the Davidson
Rail Yard (City Secretary Contract No. 38136) (City, NTTA and TxDOT are sometimes referred to as the
"Project Partners"). Subsequently, the Formal Agreement was amended four times to extend certain
termination dates associated with conditions precedent. During that time, staff has been working to satisfy
all conditions and negotiate all related agreements, encroachments, easements, permits and property
interests necessary for the execution of the final agreement between the Project Partners and UPRR.
Encroachment Agreement
Under the Formal Agreement, UPRR is required to obtain necessary easements or encroachments onto
and over City-owned property for construction, operation and maintenance of the related UPRR rail
improvements. Staff has reviewed and approved the construction plans submitted by UPRR for the crossing
of four City streets (Rogers Road, University Drive, Old University Drive and Forest Park Boulevard) and
the proposed encroachments have been reviewed and approved by the committee. City Council approval is
required to grant encroachments into City owned right-of-way and waiver of the related $600.00
administrative fee.
Community Facilities Agreement
The Community Facilities Agreement (CFA) covers infrastructure work in City right-of-way that UPRR is
required to perform in connection with its above described construction activities. There is no City
participation in the CFA, but Council authorization is requested for the waiver of administrative fees
associated with the CFA. The waiver does not include the materials testing and inspection fees, only the
$500.00 staff administration fee.
Water and Sanitary Sewer Easements
Construction of the project requires the Water Department's relocation, at City cost and expense, of large
water and sanitary sewer lines. Typically, UPRR only grants licenses for utility lines and those licenses
require relocation at City expense. However, in this case permanent easements have been negotiated for
lines being relocated. The easements will be provided at no cost to the City and any future relocation
requested by UPRR will be at UPRR's sole cost and expense.
Trinity River East Bank Maintenance Road
The City Council appointed a 15 member Citizen's Advisory Group to develop a Corridor Master Plan for
the Southwest Parkway. In developing the Corridor Master Plan, the Citizens Advisory Group identified the
need to access the east bank of the Trinity River for maintenance and recreation. Staff has negotiated for
the UPRR to cause the design and construction of a 10 foot wide maintenance road across the entire
UPRR rail corridor as part of UPRR's project design and construction agreements. Under the proposed
Reimbursement Agreement, the City will reimburse UPRR those design and construction costs in an
amount up to $100,000.00.
Amendment No. 5
Due to the complex nature of the Formal Agreement, the May 19, 2009, deadline was extended four times
by Amendment Nos. 1 through 4 to September 23, 2009. The Formal Agreement contains termination
provisions to be satisfied by a date certain. The termination events and current status are listed below:
1. The Hump Lead is not successfully tested:
Current Status: The Hump Lead has been successfully tested and accepted by UPRR.
2. The plans and coexistences are not approved:
Current Status: The parties are satisfied that the coexistence issues have been resolved.
3. Sufficient funds have not been officially appropriated and budgeted or are otherwise unavailable through
other legal and dependable means to satisfy a project partner's obligations:
Current Status: NTTA is accepting the approximated $95 million obligation associated with the Formal
Agreement. TxDOT and NTTA will execute the necessary funding agreements including a $49,870,000 toll
equity grant which will defray roughly half of NTTA's financial commitment. The City will have no funding
obligations under this item.
4. The necessary property rights or licenses have not been delivered:
Current Status: The necessary property rights and/or licenses have been identified to the satisfaction
of the parties. The actual conveyances will be completed at a future date.
5. UPRR determines it will not obtain the required Permits as defined by the Formal Agreement under
reasonably acceptable terms and conditions proximately related to the work in question prior to January 1,
2010:
Current Status: The Permits as defined by the Formal Agreement and Attachment 10 thereto will be
revised in Amendment No. 5 to remove Fort Worth and Western Railroad's crossing approval. With that
deletion, UPRR is satisfied it will obtain the Permits prior to January 1, 2010.
6. The Project Partners reasonably determine UPRR is unlikely to obtain its required permits prior to
January 1, 2010:
Current Status: The Project Partners are satisfied that UPRR will obtain the Permits as revised by
Amendment No. 5 prior to January 1, 2010.
7. A party reasonably determines on the basis of the environmental due diligence investigation conducted
pursuant to the Formal Agreement that the results of said investigations are unsatisfactory with respect to
property that party is to receive or convey:
Current Status: All Parties are satisfied as to their respective obligations in regards to environmental
due diligence. The City will be required to remediate a portion of Parcel 51 (Howell Instruments) at its sole
cost pursuant to Amendment No. 5. This portion of property will be conveyed to TxDOT and a then there
will be a separate conveyance from TxDOT to the UPRR to allow for rail use. Remediation costs are
estimated to not exceed $500,000.00. Environmental Management is presently advertising invitations to bid
for'perforrnance of the work needed for this effort.
City Council approval of the above recommendations will ensure the Project Partners rights to complete
construction of the Southwest Parkway and the new Hulen Street Bridge over the Davidson Yard.
The project is located in COUNCIL DISTRICTS 3, 6 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C295 539120 303210000570 $500,000.00
C295 539120 303210000580 $100,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Bryan Beck (7909)
ATTACHMENTS
PROPERTY MAPS.pdf