HomeMy WebLinkAboutOrdinance 6534113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6534
File Number: 2022-0086
AMEND ORDINANCE NO. 6393:
AN ORDINANCE TO AMEND ORDINANCE NO. 6393 BY REMOVING SECTION 3,
WHICH REQUIRES DEVELOPMENT APPROVAL AND THE POSTING OF A BOND
BEFORE THE MAYOR CAN SIGN THE AGREEMENTS FOR THE NEW RAILROAD
CROSSING AT FUTRALL DRIVE AND GREGG AVENUE
WHEREAS, on December 15, 2020, the City Council approved Ordinance No. 6393 authorizing
and agreement with Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and
Gregg Avenue; and
WHEREAS, Section 3 of this ordinance provides: "Execution of these agreements shall be authorized
upon development approval of a preliminary plan or large scale development for the first phase of
development with a minimum of 100,000 square feet of commercial employment space, with posting of
a bond to secure the construction of a connecting roadway to railroad crossing"; and
WHEREAS, Washington Regional Medical System has purchased 15.22 acres adjacent to this
proposed new crossing with the option to purchase an additional 25 acres in that area but it will be
several months before plans will be ready to submit for development review; and
WHEREAS, Washington Regional has requested that the City Council remove the requirements of
Section 3 of this ordinance to allow the City to move forward with the permitting and construction of
the new railroad crossing prior to the development approval of the hospital expansion and without the
posting of any bond.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 2116122
Ordinance: 6534
File Number: 2022-0086
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No.
6393 by removing Section 3.
PASSED and APPROVED on 2/15/2022
Attest:
RK
rn
Kara Paxton, City Clerk Treasure
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Page 2 Printed on 2116122
ARAM, Washington Regional
January 25, 2022
Dear Mayor Jordan,
Washington Regional Medical System is preparing to meet the growing health care needs of Northwest
Arkansas. On September 17, 2021, Washington Regional closed on the purchase of 15.22 acres of
unimproved real property that lies immediately to the west of the Gregg Street and Futrall Road
intersection. This property lies directly across Gregg Avenue from the western boundary of the current
Washington Regional Medical Center campus. In addition, Washington Regional also acquired the
option to purchase two additional parcels within the Drake Farms development consisting of
approximately 25 acres of land. The property will allow for future expansion of hospital and related
medical services. Plans for the property are currently being developed by our architectural firm, HKS,
Inc. of Dallas, Texas, and will include facilities for expanded inpatient hospital services, outpatient
surgical services, to include overnight stay capabilities, ambulatory care services, and a center for
wellness focused on whole person care.
Our medical center campus at North Hills opened in 2002 with 345,000 square feet of space. In less
than 20 years, it has grown to over 724,000 square feet and are unable to expand any further on our
main campus. Purchasing this property adjacent to our campus will allow Washington Regional to plan
for the next 20 years of growth by optimizing our medical center campus for higher acuity services and
offering outpatient and lower acuity services at our expanded campus at the Drake Farms property.
As we have discussed with the City Planning staff, our architects have indicated that the final plans and
specifications will provide for improvements that meet the square footage requirements discussed in
ordinance 6393. Of concern, Section 3 of Ordinance 6393 requires "approval of a preliminary plan or
large scale development for the first phase of development with a minimum of 100,000 square feet of
commercial employment space, with posting of a bond to secure the construction of a connecting
roadway to railroad crossing." Washington Regional is diligently working to finalize initial design plans
for its portion of the property, but it is simply not feasible or in the best interests of our community to
require delay in the commencement of the railroad improvements until a large scale development plan
is finalized and approved. We have been advised that the railroad will not start work until this
requirement is met. The current pandemic environment where rising material costs, labor shortages
and inflationary concerns already impose significant costs and delays on projects, coupled with our
need to develop additional healthcare resources, makes the necessity for timely commencing these two
projects on a parallel course of critical importance.
We respectfully ask that that the City consider amending the ordinance so the City of Fayetteville, the
railroad and Washington Regional can begin construction of the connecting roadway and railroad
crossing.
Sincerely,
Birch G. Wright, MPA
Chief Operating Officer and Administrator
Washington Regional Medical System
3215 N. Northhills Blvd. I Fayetteville, AR 72703 1 479.463.1000 1 wregional.com
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0086
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.10
AMEND ORDINANCE NO. 6393:
AN ORDINANCE TO AMEND ORDINANCE NO. 6393 BY REMOVING SECTION 3, WHICH
REQUIRES DEVELOPMENT APPROVAL AND THE POSTING OF A BOND BEFORE THE MAYOR
CAN SIGN THE AGREEMENTS FOR THE NEW RAILROAD CROSSING AT FUTRALL DRIVE
AND GREGG AVENUE
WHEREAS, on December 15, 2020, the City Council approved Ordinance No. 6393 authorizing and
agreement with Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue;
and
WHEREAS, Section 3 of this ordinance provides: "Execution of these agreements shall be authorized upon
development approval of a preliminary plan or large scale development for the first phase of development with
a minimum of 100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing"; and
WHEREAS, Washington Regional Medical System has purchased 15.22 acres adjacent to this proposed new
crossing with the option to purchase an additional 25 acres in that area but it will be several months before
plans will be ready to submit for development review; and
WHEREAS, Washington Regional has requested that the City Council remove the requirements of Section 3
of this ordinance to allow the City to move forward with the permitting and construction of the new railroad
crossing prior to the development approval of the hospital expansion and without the posting of any bond.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No. 6393 by
removing Section 3.
City of Fayetteville, Arkansas Page 1 Printed on 211612022
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2022-0086
Legistar File ID
2/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/27/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Amending Ordinance 6393, authorizing an agreement with Arkansas and Missouri Railroad for a new railroad
crossing at Futrall Drive and Gregg Avenue.
Budget Impact:
4602.860.7220-5809.00 2019 Transportation Bond
Account Number Fund
46020.7220 Futrall/Gregg and Shiloh/Gregg RR Xings
Project Number Project Title
Budgeted Item? Yes Current Budget $ 1,154,578.00
Funds Obligated $ 2,806.00
Current Balance I 1,151,772.00
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget $ 1,151,772.00
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20210527
Previous Ordinance or Resolution # 6393
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 15, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
CITY COUNCIL MEMO
DATE: January 27, 2022
SUBJECT: Amendment to Ordinance 6393 authorizing an agreement with Arkansas
and Missouri Railroad for a new railroad crossing at Futrall Drive and
Gregg Avenue
RECOMMENDATION:
Staff recommends amending Ordinance 6393, authorizing an agreement with Arkansas and
Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue.
BACKGROUND:
The extension of Futrall Drive has long been on the City's Master Street Plan, to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad
tracks, east of Garland Avenue, and north of Drake Street. This project was identified as a
priority project in the 2019 bond program, as opportunities to partner with developers of the
property arose. The connection will provide a more direct access from the property to the
Fulbright Expressway, and will include pedestrian facilities to allow for safe crossings at the
railroad and Gregg Avenue.
Agreements with the Arkansas and Missouri Railroad for the construction of the railroad
crossing equipment were approved by the City Council on 12/15/2020 by Ordinance 6393..
DISCUSSION:
Section 3 of Ordinance 6393 states the following:
Section 3: Execution of these agreements shall be authorized upon development approval of
a preliminary plan or large scale development for the first phase of development with a minimum
of 100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
Washington Regional Medical System has purchased 15.22 acres adjacent to this crossing and
has the option to purchase an additional 25 acres in that area. Washington Regional is
currently developing the plans for expansion of their medical facilities onto this property, that will
meet the stipulations noted in the ordinance, but it will be several months before their plans will
be ready to submit for development review. Washington Regional has requested that the City
Council remove the requirement of Section 3 of this ordinance to allow the City to move forward
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
with the permitting and construction of the new railroad crossing prior to the development
approval of the hospital expansion.
BUDGET/STAFF IMPACT:
None. The remaining terms of the ordinance and agreement are unchanged.
Attachments:
Washington Regional Letter
Ordinance 6393
m�,- Washington Regional
January25, 2022
Dear Mayor Jordan,
Washington Regional Medical System is preparing to meet the growing health care needs of Northwest
Arkansas. On September 17, 2021, Washington Regional closed on the purchase of 15.22 acres of
unimproved real property that lies immediately to the west of the Gregg Street and Futrall Road
intersection. This property lies directly across Gregg Avenue from the western boundary of the current
Washington Regional Medical Center campus. In addition, Washington Regional also acquired the
option to purchase two additional parcels within the Drake Farms development consisting of
approximately 25 acres of land. The property will allow for future expansion of hospital and related
medical services. Plans for the property are currently being developed by our architectural firm, HKS,
Inc. of Dallas, Texas, and will include facilities for expanded inpatient hospital services, outpatient
surgical services, to include overnight stay capabilities, ambulatory care services, and a center for
wellness focused on whole person care.
Our medical center campus at North Hills opened in 2002 with 345,000 square feet of space. In less
than 20 years, it has grown to over 724,000 square feet and are unable to expand any further on our
main campus. Purchasing this property adjacent to our campus will allow Washington Regional to plan
for the next 20 years of growth by optimizing our medical center campus for higher acuity services and
offering outpatient and lower acuity services at our expanded campus at the Drake Farms property.
As we have discussed with the City Planning staff, our architects have indicated that the final plans and
specifications will provide for improvements that meet the square footage requirements discussed in
ordinance 6393. Of concern, Section 3 of Ordinance 6393 requires "approval of a preliminary plan or
large scale development for the first phase of development with a minimum of 100,000 square feet of
commercial employment space, with posting of a bond to secure the construction of a connecting
roadway to railroad crossing." Washington Regional is diligently working to finalize initial design plans
for its portion of the property, but it is simply not feasible or in the best interests of our community to
require delay in the commencement of the railroad improvements until a large scale development plan
is finalized and approved. We have been advised that the railroad will not start work until this
requirement is met. The current pandemic environment where rising material costs, labor shortages
and inflationary concerns already impose significant costs and delays on projects, coupled with our
need to develop additional healthcare resources, makes the necessity for timely commencing these two
projects on a parallel course of critical importance.
We respectfully ask that that the City consider amending the ordinance so the City of Fayetteville, the
railroad and Washington Regional can begin construction of the connecting roadway and railroad
crossing.
Sincerely,
Birch G. Wright, MPA
Chief Operating Officer and Administrator
Washington Regional Medical System
3215 N. Northhills Blvd. I Fayetteville, AR 72703 1479.463.1000 1 vregional.com
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6393
File Number: 2020-0414
ARKANSAS AND MISSOURI RAILROAD FUTRALL DRIVE AND GREGG AVENUE -
2019 TRANSPORTATION BOND PROJECT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT
AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW
RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $30,820.86, AND TO APPROVE A
BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $550,000.00
WHEREAS, the extension of Futrall Drive has long be a part of the Master Street Plan to provide an
additional access to approximately 150 acres of undeveloped property west of the railroad tracks, east
of Garland Avenue, and north of Drake Street; and
WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one
for the construction and maintenance of a new railroad crossing and the second an easement
agreement; and
WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement,
the City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing
signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be
$519,179.14; the City agrees to close the existing unimproved crossing at Jocelyn Lane and Gregg
Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2.5% per annum or by
the yearly increase in the Consumer Price Index (whichever is greater), for basic maintenance and
wear and tear; and the City and AMRR agree to equally share the cost of repairs or major
maintenance; and
WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR
Page 1 Printed on 12117/20
Ordinance: 6393
File Number: 2020-0414
property for the crossing including a requirement that the City maintain an insurance policy in the
amount of $15 million; and
WHEREAS, it is not feasible or practical to competitively bid such a project because the land over
which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which
has the sole power to authorize and construct new crossings; and
WHEREAS, AMRR has requested an amendment to the Railroad Crossing Cost and Maintenance
Agreement for the new crossing at Shiloh Drive and Gregg Avenue, which was authorized by
Ordinance 6348 on August 18, 2020, to change the maintenance fee adjustment from 2% per year to
2.5% per year or the annual increase in the Consumer Price Index, whichever is greater.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives
the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad
Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri
Railroad for a new railroad crossing, and further approves a project contingency in the amount of
$30,820.86 for a total estimated project cost of $550,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
Section 3: Execution of these agreements shall be authorized upon development approval of a
preliminary plan or large scale development for the first phase of development with a minimum of
100,000 square feet of commercial employment space, with posting of a bond to secure the
construction of a connecting roadway to railroad crossing.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an amendment to the Railroad Crossing Cost and Maintenance Agreement for the new crossing
at Shiloh Drive and Gregg Avenue, which was authorized by Ordinance 6348 on August 18, 2020, to
change the maintenance fee adjustment from 2% per year to 2.5% per year or the annual increase in
the Consumer Price Index, whichever is greater.
PASSED and APPROVED on 12/15/2020
Page 2 Printed on 12117120
Ordinance: 6393
File Number.' 2020-0414
Page 3
Attest: If
Kara Paxton, City Clerk Treasurer
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Printed an 12/17/20
RAILROAD CROSSING EASEMENT AGREEMENT
� This Agreement, made and entered into this & day of
20K by and between the City of Fayetteville, Arkansas (hereinafter "Ci ) and
The Arkansas and Missouri Railroad Company, (hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning the construction of an extension of
Futrall Drive within the City limits that would cross AMRR's tracks. The City proposes,
for the benefit of the public, to install a new crossing at said location, pursuant to particular
plans and specifications to be agreed upon by the parties; and
WHEREAS, the Easement is defined on Exhibit 1 and incorporated herein by
reference; and
WHEREAS, it is understood that the contemplated crossing will be financed from
funds appropriated by City and expended under its regulations as established under the
terms of a Crossing Agreement executed separately by the parties.
NOW, THEREFORE, in consideration of the covenants and agreements contained
and subject to the provisions of the recitals above, it is agreed by and between the parties
hereto as follows:
1. The City and AMRR have caused to be prepared plans and specifications
for the project. Attached as Exhibit 1 is the proposed plan. The parties acknowledge
that this schematic drawing contains certain requirements and restrictions with regard to
the construction in, near and around the Railroad and the City agrees to be bound by all of
these requirements and restrictions contained in the plans, specifications, coordination
notes and the separate Crossing Cost Agreement.
2. AMRR has provided an estimate for the cost of the crossing. The parties
understand that the estimate is $519,179.14 and the parties acknowledge that the
ultimate cost of the crossing could be under or over this estimate.
3. The cost (labor and material) for installing the new crossing will be born by
the City pursuant to the Crossing Cost Agreement.
Page 1 of 5
4. After completion of the project, the Parties shall bear the expense of the
maintenance, inspection, capital costs and operation of the crossing per the terms of the
separate Crossing Agreement or any amendment thereto, so long as it is to be
maintained as a crossing over the railroad or until it is mutually agreed between the
parties that the project is no longer needed at the crossing or until the crossing is
abandoned by AMRR or City, or other legal requirements making it necessary to cease
operations and maintenance of the project. At that time, materials purchased and
installed for the project may be moved to other locations on AMRR's lines within the
States of Arkansas or Missouri or otherwise disposed of or sold by AMRR.
5. Limitation on Grant. This Easement does not grant to City the subsurface
of any easement area, all such rights and privileges being reserved to AMRR.
6. Indemnification. The CITY OF FAYETTEVILLE shall cause any contractor
employed by it or engaged by it to construct the improvements contemplated by this
agreement to assume any and all liability for injury to or death of persons, all loss or
damage to property, in any manner arising from or during the construction of the
improvements contemplated by this agreement, however, such injury, death, loss,
damage or destruction as aforesaid may occur or be caused. The CITY OF
FAYETTEVILLE shall further cause any contractor engaged by it to construct the
improvements contemplated by this agreement to indemnify and save and hold harmless
the ARKANSAS & MISSOURI RAILROAD COMPANY from any and all claims, demands,
suits, actions, damages, recoveries, judgments, costs and expenses arising or growing
out of or in connection with such injury, death, loss, damage or destruction as aforesaid,
which expense shall include the cost ARKANSAS & MISSOURI RAILROAD COMPANY
incurs defending itself, including attorney fees and expenses.
7. Insurance. In further consideration for the grant of this Easement, City shall
acquire a policy of liability insurance which shall insure AMRR in the amount of fifteen
million dollars ($15,000,000) from liability for injury or death to persons or damage to
property arising from any persons using the crossing described on Exhibit 1, whether
injuries are caused by the operation of the trains by AMRR or otherwise. At the option of
AMRR such policy shall either name AMRR as a named insured or an additional insured
of such policy. Said policy will be kept in full force and effect during the existence of this
Easement and shall continue to insure AMRR for incidents arising during the existence of
this Easement and until the crossing is terminated or abandoned per the terms of
paragraph 5 above, regardless of when the claim is made. Such policy shall be subject to
approval of AMRR and shall provide for notice to AMRR not less than 30 days of
cancellation of such policy.
8. If any portion of this Easement or any provision in this Easement shall be
found to be invalid or unenforceable, the remaining provisions shall continue to be fully
effective and enforceable, and both parties consent to the modifications of this Easement
in any manner as a court may deem necessary to preserve the grant of easement
contained herein.
Page 2 of 5
9. Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to its subject matter and may not be modified or
amended orally.
10. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Arkansas.
11. Binding Effect. The provisions of this Agreement shall be binding upon and
inure to the benefit of each of the parties and their respective heirs, successors and
assigns.
12. Both parties acknowledge that the signatories below have the appropriate
authority to sign on behalf of the party they represent.
IN WITrJE§S WHEREOF. the parties have hereunto set their hands and seals this La -
day of , 2Q2ff o't;L-
Page 3 of 5
CITY OFA A
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ACKNOWLEDGMENT
STATE OF ARKANSAS
LLE, AFKANSAS
COUNTY OF WASHINGTON )
On this day of j e4r
20 before me, the undersigned, a
Notary Public, duly commissioned, qualified, and a i g, within and for said County and State,
appeared in person, Lioneld Jordan and Kara Paxton, to me personally well-known who
stated that they are the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS,
and are duly authorized in their capacity to execute the foregoing instrument and for and in the
name and behalf of the City of Fayetteville, Arkansas, and further stated and acknowledged that
they had so signed, executed, and delivered said foregoing instrument for the consideration,
uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
Mum
Notary Public
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Page 4 of 5
ARKANSAS & MISSOU]RI RAILROAD
f
Approved by;
Signature
Caren L. Kraska
Print Name
President
Title
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF QAAS+%%h 1k;m V% §§
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On this l5 day of m 2020, before me, the undersigned, a
Notary Public, duly commissioned, qualified, and acting, within and for said County and State,
appeared in person, CAREN L. KRASKA, to me personally well-known who stated that she is
the President of ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in
her capacity to execute the foregoing instrument and for and in the name and behalf of
Arkansas & Missouri Railroad Company, and further stated and acknowledged that she had
so signed, executed, and delivered said foregoing instrument for the consideration, uses, and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated
above.
My Commission Expires:
oaf'
Notary Public
Page 5 of 5
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NEW RAILROAD CROSSING COST
AND MAINTENANCE AGREEMENT
This Agreement. made and entered into this day of . 2020. by and between the City
of Fayetteville, Arkansas (hereinafter "City") and The Arkansa & Missouri Railroad
Company.(hereinafter "AMRR"),
WITNESSETH:
WHEREAS, City is in the process of planning a new crossing at Futrall Drive within the City
limits at railroad milepost 349.45. The City proposes, for the benefit of the public, to add this
crossing, pursuant to the Site Layout attached as Exhibit 1. and remove in its entirety, existing crossing
at Garrett Drive; and
WHEREAS, it is understood that the contemplated crossing will be financed solely from funds
appropriated by City and expended under its regulations.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
agreement, subject to the provisions of the recitals above, it is agreed by and between the parties hereto as
follows:
1. AMRR has provided an estimate for the cost of the crossing upgrade which is attached as
Exhibit 2. This estimate does not include any track or railroad work required during utility installation -
which is not subject to estimation at this time. The parties understand that the estimate is $519,179.14 and
the parties acknowledge that the ultimate cost of the crossing could be under or over this estimate. Both
parties further acknowledge that any materials or crossing equipment supplied by the City shall be
considered a part of the consideration of this agreement. Upon final completion of the project, all said
materials and crossing equipment shall become the property of AMRR.
2. AMRR shall be reimbursed 100% of the actual approved cost (labor and material) for
installing the new equipment and its invoices will be paid promptly. Material will be billed as it is ordered
by AMRR. The City acknowledges that any work within 25 feet of the tracks requires a Flagging
Services Agreement for railroad track protection, including, but not limited to, railroad flagging which is
charged at the rate of S95 per hour. A Flagging Services Agreement will be executed
simultaneously with the execution of this Agreement.
3. Insurance. During upgrade construction, City shall ensure that any contractors they
employ to perform work on the project in question will maintain a general liability insurance policy, the
limits of which will be not less than Three Million Dollars ($3.000,000) per person, Five Million
Dollars ($5,000,000) per accident and Three Million Dollars ($3.000,000) for property damage. The
policy shall name AMRR, its successor or assigns and City as insureds. Such policy shall contain a
clause that the insurer will not cancel or change the insurance without giving AMRR, City, or their
successors or assigns ten (10) days prior written notice, and a certificate of such insurance shall be
delivered to AMRR prior to the inception of the construction of the crossing.
4. Maintenance and Repairs. The parties acknowledge that the crossing and equipment will
require maintenance and repairs due to normal wear and tear and possibly damage from accidents,
negligence or acts of nature. The City will not be liable for any damages caused solely by the negligence
of AMRR. If damages are caused to the crossing and/or equipment by the acts of 3rd parties, AMRR and
the City will coordinate to pursue any cause of action against said 3`d parties to recover the costs of repairs
and any amount recovered will be applied accordingly. City will pay an annual crossing maintenance fee
of $7,500 effective upon execution of this Agreement and on each anniversary date thereafter for so long
as the crossing remains open. On each anniversary date, the annual maintenance fee will increase by 2%.
The annual maintenance fee will cover regulatory testing, basic maintenance and general wear and tear.
Otherwise, City and AMRR will each be responsible for 50% of any capital expenditures for the
equipment and the crossing surface. Except for emergency repairs, .AMRR will give the City one hundred
eighty (180) day written notice of any needed repairs or maintenance and the amount thereof. The
crossing shall be maintained as specified above until such time as the parties mutually agree otherwise or
upon a date certain that the crossing should be closed.
5. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to its subject matter and may not be modified or amended orally.
6. Governing Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Arkansas.
7. Bindr�n. g Effect. The provisions of this Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective heirs, successors and assigns.
8. Both parties acknowledge that the signatories below have the appropriate authority to sign
on behalf of the party they represent.
Z2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this �ay of n"J
2029.
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A
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)H
COUNTY OF )
2y
On this day ofJt&W&j,,.'-0?W before me, the undersigned, allotary Public, duly
commissioned, qualified, and acting. within0and for said County and State, appeared in person,
_Lioneld Jordan and Kara Paxton, to me personally well-known who stated that they are
the Mayor and City Clerk for the CITY OF FAYETTEVILLE, ARKANSAS, and are duly
authorized in their capacity to execute the foregoing instrument and for and in the name and behalf of
the City of Fayetteville, Arkansas, and further stated and acknowledged that they had so
signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
My Commission Expires:
S + 1
0 Notary Public 0
3
ARKANSAS & MISSOURI RAILROAD COMPANY
Approved by:
Signature
CAREN L. KRASKA
Print Name
President
Title
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)H
COUNTY OF 0 A3''J79- )
th
On this 15 day of f'l e± j , 2020, before me, the undersigned, a Notary Public,
duly commissioned, qualified, and acting, within and for said County and State, appeared in person,
CAREN L. KRASKA, to me personally well-known who stated that she is the President of
ARKANSAS & MISSOURI RAILROAD COMPANY and is duly authorized in her capacity to
execute the foregoing instrument and for and in the name and behalf of Arkansas & Missouri Railroad
Company, and further stated and acknowledged that she had so signed, executed, and delivered said
foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year stated above.
Notary Public
My Commission Expires:
ANDR �/1'
• 10 �0/19
NOTARY PUBLIC
Comm. N 12365395
My Lamm Expires
Mir 17.2028
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RAILROAD
Arkansaas 8, Missouri Railroad
306 E. Emma Ave
Springdale, AR 72764
To: City of Fayetteville
Atnn: Chris Brown
Job: Futrall Dr Fayetteville AR.
Item #
Qty
Description
Material
1
50
1 151b Concrete Panel Material
2
40
10' Crosstie
3
160
1 15# Relay Rail
4
80
5.5" Base Pandrol Tie Plate
5
160
Pandrol Clips
6
3
Railroad Spikes
7
160
5.5" Anchors
8
4
115 New / 1 /4 worn Trans Rails
9
8
115# Thermite Welds
10
100
Ballast Truck Load
Labor
1 1 CWS - CTC Quote (Material & Labor)
2 1 Contractor Labor (Track Contractor)
3 1 Project Management/Admistrative
4 100 MOW EIC of Track Protection
5 20 Surfacing Crew
6 16 1-10-Ton Truck
7 16 1- Dump Truck w/Driver
Prepared by: _lernmy Houchin
Date: September 18, 2019
Unit
Unit Price
Line Total
Ft
$200.81
$10,040.50
Each
$90.50
$3,620.00
Linear Foot
$1,100.00
$176,000.00
Each
$24.00
$1,920.00
Each
$2.95
$472.00
Keg
$75.00
$225.00
Each
$2.95
$472.00
Each
$970.00
$3,880.00
Each
$198.10
$1,584.80
Truckload
$17.00
$1,700.00
$199,914.30
Freight
$1,250.00
10% O/H
$19,991.43
Tax @ 9.75%
$19,491.64
Subtotal (material)
$240,647.37
Lump Sum
$239,731.77
$239,731.77
Lump Sum
$15,500.00
$15,500.00
Lump Sum
$5,000.00
$5,000.00
Hour
$95.00
$9,500.00
Hour
$200.00
$4,000.00
Hour
$150.00
$2,400.00
Hour
$150.00
$2,400.00
EXHIBIT
Subtotal
$278,531.77
$519,179.14
Mathis, Jeana
From: Brown, Chris
Sent: Thursday, November 4, 2021 4:23 PM
To: Mathis, Jeana
Subject: RE: Legistar 2020-0414
The stipulations in the ordinance have still not been met, so the agreement can't be fully executed.
From: Mathis, Jeana <jmathis@fayetteville-ar.gov>
Sent: Thursday, November 4, 2021 11:58 AM
To: Brown, Chris <cbrown@fayetteville-ar.gov>
Subject: Legistar 2020-0414
Hey Chris
I'm going through our holding file and was wondering if you had the attached document signed that goes with Legistar
2020-0414 so I can take it out of our holding file.
Thanks,
Jeana Mathis
Customer & Information Records Specialist
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
i math i s (d fa yettev i t le -a r. cloy
479.575.8323
Website I Facebook I Twitter I Instaeram I YouTube
Aft CITY OF
FAYETTEVILLE
ARKANSAS
RFC IVE®
Demo= a tut
P.C. BOX 1607, FAYETTEVILLE, AR, 72702. 479.442-UOG - 1':7x: 479-05-1118 - WWW14WADG.COM
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6534
Was inserted in the Regular Edition on:
February 20, 2022
Publication Charges: $144.40
&Wk
Brittany Smith
Subscribed and sworn to before me
This 2t day of QL , 2022.
IN�iJ
Notary Public _ I_ ��
My Commission Expires: Z
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC-ARKANSAS
My Commission Expires 02-20-2024
Commission No.12397118
FEB 2022
CCIT CLERK'S OFFICE
Ordinance: 6534
File Number: 2022-0086
AMEND ORDINANCE NO. 6393:
AN ORDINANCE TO AMEND
ORDINANCE NO. 6393 BY
REMOVING SECTION 3. WHICH
REQUIRES DEVELOPMENT
APPROVAL AND THE POSTING OF
A BOND BEFORE THE MAYOR CAN
SIGN THE AGREEMENTS FOR THE
NEW RAILROAD CROSSING AT
FUTRALL DRIVE AND GREGG
AVENUE
WHEREAS, on December 15, 2020, the
City Council approved Ordinance No.
6393 authorizing and agreement with
Arkansas and Missouri Railroad for a
new railroad crossing at Futrall Drive
and Gregg Avenue; and
WHEREAS, Section 3 of this ordinance
provides: "Execution of these
agreements shall be authorized upon
development approval of a preliminary
plan or large scale development for the
First phase of development with a
minimum of 100,000 square feet of
commercial employment space, with
posting of a bond to secure the
construction of a connecting roadway to
railroad crossing"; and
WHEREAS, Washington Regional
Medical System has purchased 15.22
acres adjacent to this proposed new
crossing with the option to purchase an
additional 25 acres in that area but it will
be several months before plans will be
ready to submit for development review;
and
WHEREAS, Washington Regional has
requested that the City Council remove
the requirements of Section 3 of this
ordinance to allow the City to move
forward with the permitting and
construction of the new railroad crossing
prior to the development approval of the
hospital expansion and without the
posting of any bond.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
amends Ordinance No. 6393 by
removing Section 3.
PASSED and APPROVED on
2/15/2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by The City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: S 144.40.75521183 Feb. 20, 2022