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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 �I� • �`1' �fy • ti ;)vj i�N6 ` QPo� ► 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 n4 f�rerrs r Frr r u m T 4R'; H5>S 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 ING h)N� .00►%�"* 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 1� .�,NN1RK'/rTR . "Oo, . cgna Ire- �:kA FAYETTEVILLE : Print Name r,' . «w.. 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 - f � ���tttti�rii�►► My Commission Expires: 1 '4 ,w �4..... o a %CTAF71- �o Z may% �Ut3L�� ��► l�f� i i o ytO , 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% §§ r '}-k 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 1%'%t 11a,', ti •��y�5 Mf�Rc�Q� NOTARY PUBLIC Comm. N 12365395 - My Comm Expires Maar 117, 2028 a - _ Z OS 4 v a ion r $ a } Iz fw I I � I a I J V ' � a u a 4.4f5-- a p auc I- x I I s � I � a a I �s o � Z � s i � � s 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ���llrl►►►►tr .•',�4RK'� Tf'e * 1�ej_"m Gti• ,�Y O,c•�. Signature ;v 1 r FAYETTEVILLE : C, n_n f T Print Name• 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 % tllll4 � I I p I I � Ix i 20 wn y I _ f IIE1 � 1 YYY � Q W I x p ¢ _x-- I 0 � ; I 0 r � � � I I J p F-+ i ti U � 44 �� 11 3 I 7"" � ia�� LLJ a n u uua.- u �p I - � � N 66 I e I p ti - �I 31 �_ ■ i I I z Y _ F ' 3 '� •` u �_ .`... � V •k a Q W s AIMjfi Ah'rowS,usmfSSOLIIII 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