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HomeMy WebLinkAboutOrdinance 6393OF FAY ETTF. 1 i ti ! G �m 1 4RKANS PS 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 12117120 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 1: 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: rrrrrrrrr� ERK / cJY Kara Paxton, City Clerk Treasu►-rr ; FAYE7?EV��LE; •9 9sy •. ;INSPs •' •- �"ij �ON� C09N 0 Printed on 12117120 CityClerk From: Brown, Chris Sent: Wednesday, February 23, 2022 12:59 PM To: CityClerk Cc: Mulford, Patti Subject: Railroad Agreements to go with Ord 6534 Attachments: Futrall Drive - Easement Agreement.pdf; Futrall Drive - Maintenance Agreement.pdf Categories: Follow Up Hi all, Ordinance 6534 modified Ordinance 6393, and allows the Mayor to sign the attached agreements. Can you please get the Mayors signature on these and send me a copy? I think 6393 may be in the holding file waiting on the Mayor's signature... Thanks, Chris Chris Brown, P.E. Public Works Director/City Engineer Public Works Department City of Fayetteville, Arkansas (479) 575-8207 Website I Facebook I Twitter I Instagram I YouTube I Linkedln CITY OF WiS FAYETTEVILLE ARKANSAS 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 —��A% (479) 575-8323 Text File File Number: 2020-0414 Agenda Date: 12/15/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B.1 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 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 City of Fayetteville, Arkansas Page 1 Printed on 1211612020 File Number: 2020-0414 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 1: 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. City of Fayetteville, Arkansas Page 2 Printed on 1211612020 CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF DECEMBER 15, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: December 3, 2020 CITY COUNCIL MEMO SUBJECT: Update of Item 2020-0414 Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, Approval of a Project Contingency of $ 30,820.86, for a Total Budget of $550,000, and Approval of an amendment to the agreement with AMRR for the New Crossing at Shiloh Drive RECOMMENDATION: Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad crossing near Futrall Drive and Gregg Avenue, with a construction cost of 519,179.14, and approval of the budget adjustment to fund the cost of the railroad crossing agreement including a contingency of $30,820.86. Total project cost including contingency is $550,000. Staff also recommends approval of an amendment to the agreement with AMRR for the crossing at Shiloh Drive, to change the yearly increase in maintenance fees from 2% to 2.5% or in accordance with the Consumer Price Index increase. The Transportation Committee reviewed the agreement at the November 24", 2020 meeting. The Committee recommended approval by a 4-0 vote; the agreement has been slightly modified from the version the Committee reviewed to reduce the maintenance fee increase from 3% yearly (or per the Consumer Price Index) to 2.5% yearly or the CPI. (The change to the Shiloh Agreement noted above is also new). 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: AMRR has presented two agreements to the City. The first, a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing. including: • 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. The estimated cost of the crossing installation is $519,179.14. • The City agrees to close the existing unimproved crossing at Jocelyn Lane (This is a change from the previous agreement that included a closing of the crossing at Garrett Drive) • Additional stipulations around safety improvements to other crossings in the City, and commitments to partner with AMRR, including: c The City agrees to, in concert with AMRR, make good faith efforts to secure City sourced funding (including federal aid or other grant funding) for safety improvements at Frisco Ave./Douglas St within 5 years of the date of this contract, unless mutually agreed otherwise, and to construct said improvements when funding is available. o The City also agrees, in concert with AMRR, to make good faith efforts in pursuing other rail infrastructure and safety improvements grants in the greater Fayetteville area such as a CRISI Grant. The intent would be for the City of Fayetteville to sponsor and work with the AMRR to leverage City sourced funding for Frisco Ave/Douglas and/or a potential pedestrian underpass at University Avenue as a match to a larger grant encompassing several other rail infrastructure projects. The details of the entire scope would need to be agreeable by both parties and will be determined at a later date. o Improvements at Garrett Drive will also be considered when additional development, street connections, or other factors that cause an increase in the crossing usage such as vehicle, pedestrian or rail traffic frequency; however, improvements at this crossing are not required prior to completion of the Futrall Crossing. • The City will pay a yearly maintenance fee of $7,500, 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. • The City and the AMRR agree to equally share the cost of repairs or major maintenance. The second, an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. Finally, the agreement for the new crossing at Shiloh Drive, which was approved by the City Council on August 18'h, included increases in yearly maintenance fees of 2% per year. AMRR has requested that this agreement match the proposed Futrall agreement; therefore, approval of an amendment to that agreement from 2% per year to 2.5% per year or per the Consumer Price Index is part of this proposal. The property developer has provided conceptual plans totaling over $150 Million in construction for phase 1 of their development, including a mixture of residential, restaurant/retail, and anchored by Washington Regional Medical Center who would employ almost 1,000 employees. If these plans are developed to completion as proposed, the cost of the railroad crossing would be recovered by tax receipts from the construction alone, resulting in net profit to the City's tax base beginning in the first year post construction. BUDGET/STAFF IMPACT: As noted above, the total project estimate is: Agreement with AMRR: $519,179.14 Contingency: $30,820.86 Total: $550,000 Funding for this work will come from the 2019 Transportation Bond Program. There will be additional costs to construct a new access to the property at 2633 Gregg Avenue (as shown in the attached drawing) to mitigate the loss of access across the railroad, along with additional costs for safety improvements at the Frisco crossing and for partnering with AMRR on other safety improvements. Funding sources for these items have not been identified, but may include bond, CIP, and grant funding. Additional City Council approval will be sought for these projects as costs are developed and funding sources identified. Attachments: New Railroad Crossing Cost and Maintenance Agreement-Futrall Drive Easement Agreement-Futrall Drive Shiloh Drive Crossing Contract Amendment Project Vicinity Map Concept Drawing for Jocelyn Ln Access FUTIOLL DR. CROSSING AGR&MENT 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 Arkansas & 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 Jocelyn Lane; 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. 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 3`d 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 2.5 % or the CPI, whichever is greater. 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. The City agrees to, in concert with AMRR, make good faith efforts to secure City sourced funding (including federal aid or other grant funding) for safety improvements at Frisco Ave./Douglas St within 5 years of the date of this contract, unless mutually agreed otherwise, and to construct said improvements when funding is available. 6. The City also agrees, in concert with AMRR to make good faith efforts in pursuing other rail infrastructure and safety improvements grants in the greater Fayetteville area such as a CRISI Grant. The intent would be for the City of Fayetteville to sponsor and work with the AMRR to leverage City sourced funding for Frisco Ave/Douglas and/or a potential pedestrian underpass at University Avenue as a match to a larger grant encompassing several other rail infrastructure projects. The details of the entire scope would need to be agreeable by both parties and will be determined at a later date. 7. Improvements at Garrett Drive will also be considered when additional development, street connections, or other factors that cause an increase in the crossing usage such as vehicle, pedestrian or rail traffic frequency; however, improvements at this crossing are not required prior to completion of the Futrall Crossing. 8. 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. 9. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Arkansas. 10. 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. 11. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. 2020. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this k� day of 10&er4ber, THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 01111111f fell `%.�A, jTy ;`q�':A I F FA T L , ARKANSAS q4' Signature —VILL '_�ignatur �Gt,i � X�C7 ►'1 '=��y9'�ANSPS'r�'` ���` Print Name ��N�����Print Name C;� Title Title ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OFO On this day of , 2020, before me, the undersigned, a Notary Public, duly commissioned, qualified, and acting, 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. My Commission Expires: vo Notary Public ARKANSAS & MISSOURI RAILROAD COMPANY Approved by: Signature CAREN L. KRASKA Print Name prPcident Title 4 ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF ) On this day of , 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. Commission Expires: Notary Public My 5 DISTANCE FROM SHUNT TO F UIJIANCt tKUM �IHUNI IU tUINALL IKALA WIKL ti 1100' .120' MIN - MIN. 50' MIN. FUTRALL DRIVE F"I T tl a' . _(_ GAT ssmmtE G h 2'-3- TE GFAR� 12w:c—r-12 - - T2 r1 FSS-1E FSS-2C I 430 HZ 630 HZ `--`---T--- ----+1-7- - - - - - --- 12' tY-8• i�'(.w:C(2)T iG�l zr GATE di_A I NEAR ATE 2'-1 SHIIOH ORNE 600AM. AC POWER Off �•- �6X6 r BUNGALOW APPROACH AND WARNING XP4 TRACK 1 TIME CALCULATION MINIMUM TIME 20 SEC PLUS CLEARANCE TIME 0 SEC MINIMUM WARNING TIME (MW7) 20 SEC PLUS BUFFER TIME 5 SEC TOTAL WARNING TIME (TWT) 25 SEC PLUS EOLKPMENT RESPONSE TIME 5 SEC 'PLUS ADVANCE PRE-EMPTION TIME APPROACH TIME (TAT) N3ASECCTOTAL MAXIMUM TRAIN SPEED 25 MPH TIMES RATIO OF FT/SEC TO MPH t.4667 TOTAL (MINIMUM) APPROACH DISTANCE 1,100 FT XP4 R2 430 HZ/4.0 KHZ Rt gg - cf L----------------- i 285 HZ 15' 1 2J' .•-3• GATE �2 �VAN ASCHE FAR SI E 191 40" APPR vow— vow— vow— vxr— row— aow— aaw vow— var— vow— SIGNALS: ALL LIGHTS BE I.E.D. ���jjuj�TjRTTT EXHIBIT I GATE �1 = 26' 2 CABLE RUNS: GATE #2 = 18' G = 7C#'6/7C#14 U.G. PED GATE #1A = 12' = 5C#6 U.G PED GATE j2A = 12'" CANTILEVER #1 = 21• P = 3C#6 U.G T = 2C#6 TWISTED PAIR U.G. GREGG STREET s'CTa 1601 CAMP BOWIE W BLV FORT WORTH, TX 76116 (817) 886-8210 WWW.CTCINC.COM \rkansaas & Missouri Railroad Date: September 18, 2019 ;06 E. Emma Ave pringdale, AR 72764 o: City of Fayetteville Atnn: Chris Brown Job: Futrall Dr Fayetteville AR. Item # Qty Description Unit Unit Price Line Total Material 1 50 1 151b Concrete Panel Material Ft $200.81 $10,040.50 2 40 10' Crosstie Each $90.50 $3,620.00 3 160 115# Relay Rail Linear Foot $1,100.00 $176,000.00 4 80 5.5" Base Pandrol Tie Plate Each $24.00 $1,920.00 5 160 Pandrol Clips Each $2.95 $472.00 6 3 Railroad Spikes Keg $75.00 $225.00 7 160 5.5" Anchors Each $2.95 $472.00 8 4 115 New / 1 /4 worn Trans Rails Each $970.00 $3,880.00 9 8 115# Thermite Welds Each $198.10 $1,584.80 10 100 Ballast Truck Load 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 Labor Subtotal (material) $240,647.37 1 1 CWS - CTC Quote (Material. & Labor) Lump Sum $239,731.77 $239,731.77 2 1 Contractor Labor (Track Contractor) Lump Sum $15,500.00 $15,500.00 3 1 Project Management/Admistrative Lump Sum $5,000.00 $5,000.00 4 100 MOW EIC of Track Protection Hour $95.00 $9,500.00 5 20 Surfacing Crew Hour $200.00 $4,000.00 6 16 1-10-Ton Truck Hour $150.00 $2,400.00 7 16 1- Dump Truck w/Driver Hour $150.00 $2,400.00 'repared by: Jeromy Houchin Subtotal (labor) $278,531.77 EXHIBIT 2 Total $519,179.14 UTRALL DR. RAII AD CROSSING EASEMENT AC EMENT =SMT AGREEMENT This Agreement, made and entered into this L_ day of YZ , 2020, by and between the City of Fayetteville, Arkansas (hereinafter "City") 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. 4. The City is responsible for constructing street connections to the railroad crossing panels, either by City forces, or through a contract with a third party. The City agrees to provide construction plans for these connections within AMRR right of way to AMRR for review, and to construct said improvements in accordance with AMRR, Arkansas Dept. of Transportation, or other local, state, or federal requirements. This includes drainage improvements as necessary within the easement area. Page 1 of 5 5. 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. 6. 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. 7. 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 & MISSOUR 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. 8. 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. 9. 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 h parties consent to the modificatic )f this Easement in any manner as a court may aeem necessary to preserve the grant of easement contained herein. Page 2 of 5 10. Entire Agre ement. This Agreement constitutes the entire agreement between the parties w ith respect to its subject matter and may not be modified or amended orally. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Arkansas. 12. 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. 13. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this/15- day of 1 -P L, 2020. i►IfIf � �R K ! �`���y • • O T y • ;`qJ'% vim•• �'.G m: Signature EVlC�E ; rGL sy�';gAS..•'• Print Name i,��ONi i wvv����� ► � � Ctt(K -T Title STATE OF ARKANSAS ) Page of 5 CITY,F F ETT vi )ignature Print Name ACKNOWLEDGMENT Yle ARKANSAS COUNTY OF WASHINGTON On this day of ba Qy, 2020, before me, the undersigned, a Notary Public, duly commissioned, qualified, and acting, 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. Notary Public My Commission Expires:Lp �•c�� NpT ��� O Wiz: •�� �2• F pOBLIC . Z� S 8 10 -2� Page 4 of 5 ARKANSAS & MISSOURI RAILROAD Approved by: Signature Caren L. Kraska Print Name Presi Pnt Title ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF ) On this day of , 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. Commission Expires: Notary Public My Page 5 of 5 DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE —,"v1100, 50' MIN. ,,,--- Row---- =uw _ �Ow ROW— ROW— ROW— ROW—r— ROW— ROW— ROw ROW— ROW— R1, 47' CANT #1 4'-:3" NEAR SIDE GATE # 1 c 4 ' E NEAR SIDE 2 3GATE FAR SIDE 4-1 1 s' c c F- G (2)c;c-F 12 T2 ® T1 i 430 FSS-1E FSS-2C 430 HZ 630 HZ L—?_—_ i ___(4)G;C;T 12 I _ c:r 17'-8' :--(4)c;C;(2)r c--I 27' i GATE 11 A NEAR IDE 2'-3" SHILOH DRIVE 600' APPR. AC POWER 40' .. �5w--- ROW— Row— ROW PSV� — w— w Row -- - 6X6 BUNGALOW APPROACH AND WARNING XP4 TIME CALCULATION TRACK 1 MINIMUM TIME 20 SEC PLUS CLEARANCE TIME 0 SEC MINIMUM WARNING TIME (MWT) 20 SEC PLUS BUFFER TIME 5 SEC TOTAL WARNING TIME (TWT) 25 SEC PLUS EQUIPMENT RESPONSE TIME 5 SEC PLUS ADVANCE PRE-EMPTION TIME N/A SEC TOTAL APPROACH TIME (TAT) 30 SEC MAXIMUM TRAIN SPEED 25 MPH TIMES RATIO OF FT/SEC TO MPH 1.4667 TOTAL (MINIMUM) APPROACH DISTANCE 1,100 FT SIGNALS: ALL LIGHTS TO BE L.E.D. GATE # 1 = 26' GATE #2 = 18' PED GATE #1A = 12' PED GATE #2A = 12' CANTILEVER #1 = 21' CABLE RUNS: G = 7C#6/7C#14 U.G. C = 5C#6 U.G P = 3C#6 U.G T = 2C#6 TWISTED PAIR U.G. REVISION BLOCK SHILOH DRIVE AMENDED LANGUAGE NEW RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT This Agreement, made and entered into this L5_ day of , 2020, by and between the City of Fayetteville, Arkansas (hereinafter "City") and The Arkansas & Missouri Railroad Company, (hereinafter "AMRR"), WITNESSETH: WHEREAS, City is in the process of planning a new crossing at Shiloh Drive within the City limits at railroad milepost 349.30. 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 University Avenue; 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 $558,082.57 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 $95 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 3`d 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 2.5% or the Consumer Priced Indexed whichever is greater. 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. S.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. 7.13inding 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. 2020 -tk IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of gri Qr , THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK R1RC)RC3,43E13 FU-rF?,,ALL MFRINfE F?^1LF?C)^M C:FtC)!3!B11MC1 for the City of Fc-3y4ettc=,NA114e MAY 2020 I I VW- Cwd. zz 10 p 4 1 p 55 Z %iw".,v M� 6 North Hills el i.i'�'9C Z,— medical -A,ae Park o.rrjaroaex, 3ee to B FUTRALL CROSSING: C- 0 ADWy Rc& E-11 VICINITY MAP CITY OF .� FAYETTEVILLE ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 4" own ,gym it' At r - _> emu, > r• REMOVE EXISTING H0I �� DRIVEWAY' RIDGE / 2' 1AI / r - I 2' GRAVEL SHOULDER r City of Fayetteville, Arkansa! fidget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, approval of a budget adjustment for costs related to the new crossing, and approval of a project contingency of $30,820.86 for a total budget of $550,000. COUNCIL DATE: LEGISTAR FILE ID#: 12/15/2020 2020-0414 xevLwspr 121412020 9:39 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: CHKD/POSTED: 12/15/2020 TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20200528 Account Name 4602.860.7220-5809.00 519,180 - 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 4602.860.7999-5899.00 30,820 - (550,000) - 46020 46020 7220 EX 7999 EX Contingency - Capital Project Unallocated - Budget H:\Budget Adjustments\2020-Budget\City Council\ 1 2-15-2020\2020-0414 BA Futrall Railroad Crossing.xlsm CITY OF W4WFAYETTEVILLE ARKANSAS MEETING OF AUGUST 4, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: July 21, 2020 CITY COUNCIL MEMO SUBJECT: Item 2020-0414 Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 28,344.86, for a Total Budget of $750,000. RECOMMENDATION: This item was tabled indefinitely at the June 41h, 2020 City Council Meeting pending resolution of questions from the City Council regarding the economic benefit of the proposed crossing These questions were researched by staff; responses to the questions are detailed in the discussion section below. Staff recommends placing this item back on the City Council for the August 4, 2020 meeting. Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad crossing near Shiloh Drive and Gregg Avenue. Staff also recommends approval of the budget adjustment to fund the cost of the railroad crossing agreement and associated costs of roadway and traffic signal modifications to complete the railroad crossing, including a contingency of $28,344.86. Total project cost including contingency is $750,000. 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. DISCUSSION: AMRR has presented two agreements to the City. The first, a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing, including: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • 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. The estimated cost of the crossing installation is $519,179.14. • The City agrees to close the existing unimproved crossing at Garrett Dr. and Gregg Avenue. • The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for basic maintenance and wear and tear. • The City and the AMRR agree to equally share the cost of repairs or major maintenance. The second, an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. In addition to these agreements, construction of the roadway connection from the railroad to Gregg Avenue and modification of the traffic signal to accommodate the 4tn leg of the intersection and connect to the railroad signal are the responsibility of the City. The estimated cost of these improvements is $202,476. Finally, a contingency of $28,344.86 is recommended for unforeseen costs of the railroad crossing and/or the roadway/signal work. The property developer was not prepared to share details of their development plan when this item was last presented, but has since provided conceptual plans totaling over $150 Million in construction for phase 1 of their development, including a mixture of residential, restaurant/retail, and an anchor employer that would employ almost 1,000 employees. If these plans are developed to completion as proposed, the cost of the railroad crossing would be recovered by tax receipts from the construction alone, resulting in net profit to the City's tax base beginning in the first year post construction. BUDGET/STAFF IMPACT: As noted above, the total project estimate is Agreement with AMRR: $519,179.14 Roadway/signal work: $202,476 Contingency: $28,344.86 Total: $750,000 Funding for this work will come from the 2019 Transportation Bond Program. The original allocation in Phase 1 was $1 million for two proposed signal crossings; the total for the two is now estimated at $1.5 million; the additional $1.5 million will come from contingency funds set aside in Phase 1 of the Bond Program. Attachments: New Railroad Crossing Cost and Maintenance Agreement Easement Agreement Estimate for Roadway and Signal Improvements Project Vicinity Map Vicinity Map of Crossing to be Closed City of Fayetteville, Arkansas fidget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 � Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement ' h the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval f a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 28,344.8 , for a Total Budget of $750,000. RESOLUTION/ORDINANCE COUNCIL DAT : 6/2/2020 LEGISTAR FILE #: 2020-0414 Mattl,ww Maddo-w 5/14/2020 12:24 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 6/2/2020 CHKD/POSTED: / TOTAL - _ v.20200324 Increase / (Decr ase) Project.Sub# Account Number Expense venue Project Sub.Detl AT Account Name 4602.860.7220-5809.00 721,656 - 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 28,344 - 46020 7220 EX Contingency - Capital Project 4602.860.7999-5899.00 (750,0 ) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\06-02-2020\BA 2020-0414 Futrall Railroad Crossing 1 of 1 CITY OF FAYETTEVILLE P4W ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 4, 2020 STAFF MEMO SUBJECT: Estimate for full recapture of the costs of both railroad crossings and annual costs DISCUSSION: Item Cost Shiloh Railroad Crossing $750,000 Futrall Railroad Crossing $750,000 Annual Cost for both crossings for three years $61,208 Grade seperated University pedestrian crossing $500,000 ,Total $2, 061, 208 While the University crossing is attached to the agreement for the railroad crossing at Shiloh, there is no specific reason for its association other than how the agreements were drafted. As such, this memo aims to show full recapture of all costs, including the grade separated pedestrian crossing at University, using sales tax revenue from both projects (Shiloh and Futrall). Item Time Period Running Balance Initial Cost two crossings and underpass Construction Complete Annual Cost for three years Three years S7 " Revenue from phase 1 construction (both) Year 1 $ (619,500.00) Revenue from first year of phase 1 operation (both) Year 2 $ (605,432.00) Revenue phase 2 construction (both) Year 2-3 $ (644, 00G 00) Revenue from second year of phase Ioperat ion (both) Year $ (192,276.00) Year three net revenue (remaining from year of phase 1) (both) lYear3-3.5 $ 426,476.32 Estimated tax revenue paying back crossing costs This exercise continues to show the many ways recapture can be calculated and realized by the City -and the many moving variables which could influence it. Costs of construction materials, continued escalation of e-commerce sales, and the addition of additional developments are just a few examples. The table above outlines one such scenario where the developments could fully pay for the costs by the end of year 2 of operation of phase. And generate a profit for the City of $426,476 that same year. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 4, 2020 SUBJECT DISCUSSION: STAFF MEMO Revenue Estimations: Washington Regional Expansion and Drake Farms The Futrall Drive railroad crossing which was identified as a phase one bond project is not being built as a speculative connection. While the connection is a part of the City's Master Street Plan, is purpose is the help facilitate a major expansion of one of the City of Fayetteville's anchor employers, Washington Regional. The connection also plays an integral role in the street network of Drake Farms, a walkable urban community which will be anchored by Washington Regional to the north. The following report aims to provide a conservative view of the direct and indirect sales tax from the mix of uses developed through two separate phases. The revenue estimations do not include revenue from building permit fees, impact fees, or other uses likely to be developed as the property is carefully developed. The report outlines only developments that have been confirmed by the property owner and Washington Regional. Base Item Units Washington Regional Sq. Ft. 3S0,000.00 Washington Regional Full Time Employees 7S0.00 Other Full Time Jobs on Site 240.00 Living Units/Residents 115/144 Total Investment $ 151,625,000.00 Restaurant Square Feet 18,000.00 Office Developments 2 Economic Benefits: The project offers significant economic benefits through tax revenue to the City of Fayetteville. While the revenue estimations below primarily annotate sales tax revenue, it is important to note the projects boast significant employment opportunities and increased payroll in one of Fayetteville's targeted industry sectors. While Drake Farms will be built out carefully over the coming years, the first few phases set the tone for careful and detailed development on such an important parcel. This report outlines the first two phases of development on the property and only reviews known projects. Additional developments may be constructed during the following phases. Phase One: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Washington Regional: 100,000 square foot building with 150 new full-time employees. Estimated capital investment of $35,000,000 including fixtures. • Multi -Family Apartments: 115 apartment units with an estimated 144 residents. Estimated investment of $20,125,000. • Two Office Buildings with 240 on -site full-time employees. Estimated Investment of $17,500,000. • Multiple Restaurants totaling 18,000 square feet. Sales per foot estimated at $350. Annual Compounding Sales Tax Collection PHASE ONE: 100K Sq h Washington Regional with YEAR 2 of full 150 FTE. 18,000 Sq ft of Restaurant. 115 Apartment Units at $175K per unit and 144 residents. $17.5M phase 1 build YEAR 3 YEAR 4 YEAR 5 Office Development(s) with 240 other onsite FTES. out $ 420,372.80 5 429,621.00 $ 439,072.66 $ 448,732.26 $ 459,604.37 2.2% Inflation Annually S 9,248.20 5 9,451.66 S 9,6S9 60 S 9,872 '_ Soles Tax from Construction phase I: $452,500 Figure 1: Sales tax from construction is not included in the green bar. Phase Two: Washington Regional: 250,000 square feet of buildings with at least 600 new full-time employees. Estimated investment of $85,000,000 including fixtures. Annual Compounding Sales Tax Collection PHASE TWO: 3-5 years Additional 250,000 sq. ft Washington Regional, multiple YEAR 2 of full buildings plus at least 600 new FTE. phase 2 build YEAR 3 YEAR 4 YEAR 5 Additional developments not currently out known but will likely take place. $ 653,453.67 $ 667,829.6S $ 682,521.90 $ 697,537.38 $ 712,883.21 2.2% Inflation Annually $ 14,375.98 $ 14,692.25 $ 15,015.48 $ 15,345.82 Sales Tax from Construction phase 2: $476,000 Figure 2: Sales tax from construction is not included in the green bar. Sales Estimates Municipal Sales Tax Estimates Estimated Internet Sales from (Residential) Estimated Taxes from Internet Sales 432,WD.00 5 - I40.00 Estimated Grocery Sales from (Residential) Estimated Tax from Grocery Sales 433,440.00 5 8,668.80 Estimated Entertainment Sales from (Residential) Estimated Taxes from Entertainment Sales 360,000, CC 5 7.200.00 Estimated Eating Out Sales from (Residential) Estimated Taxes from Eating Out 288,000.00 5 11,s20.00 Estimated Property Taxes to Fayetteville 5 35,000.00 Estimated Retail Sales on site brick and mortar (Site} Estimated Taxes from Retail Sales (Site) Estimated Restaurant Sales on site brick and mortar (Site) Estimates Taxes from Restaurant Sales (Site) 6.3CC G� 5 252,000 00 Estimated Employee Retail Spend Estimated Taxes from Employee Retail Spend 6,177,600.00 5 123552.00 Estimated Restaurant Sales from (Employee Spend) Estimates Taxes from Restaurant Sales from (EmployeeSpend) 3,088,SW0 00 1 5 123,552-00 Recapture of the cost for the Futrall railroad crossing: Item Time Period Running Balance Initial Cost Construction Complete $ 750,000.00 Annual Cost for two years Year 1-2 $ 20,200.00 Phase 1 Construction revenue Year 1 $ (451,500.00) Phase 1 Year 1 operation Year 2 $ (318,700.00) Year 2 net revenue Year 2 $ 101,672.00 Estimated tax revenue paying back crossing Conservatively, the crossing would likely pay for itself by the first year of operation of phase 1, estimated to begin in year 2 in the table above. However, it could be paid off sooner depending on the pace of development and continued escalation in areas such as internet sales tax. As additional developments are announced and spending patterns shift, staff will continue the monitor the recapture of the costs to install and operate the crossings. Methodology and References: Base Item Unit Restaurant Sales per foot $ 350.00 Internet Sales Per Person $ 3,000.00 Grocery Sales per resident $ 3,010.00 Annual Entertainment per resident $ 2,500.00 Eating out per resident $ 2,000.00 Weekly Retail Spend Per Employee $ 120.00 Weekly Restaurant spend per employee $ 60.00 The estimations for sales pe foot, as well as employee spend per week were derived from reports prepared by Gibbs Planning Group for the project. The estimations for housing units were derived from reports prepared by Zimmerman/Volk Associates Inc. and the project developer. Internet sales tax per resident was derived using City of Fayetteville internet sales tax collection data and is consistent with other estimates shown to the City Council. Residential grocery, entertainment, and eating out sales per resident were derived from the Bureau of Labor Statistics data for the Fayetteville MSA. Final Notes: The development is consistent with the City's Future Land Use plan designated in City Plan 2040. The project holds many other benefits, such as tree preservation of historic one of a kind black walnut tree's planted by Noah Drake and serves as a major catalyst for future investment aligned with the City's growth concept map. Sales tax has also not been estimated for taxable materials purchased by on site employers or other businesses. Lastly, the economic revenue estimations do not include payroll, or other induced economic benefits the City and surrounding area will see in wake of the project(s). ATTACHMENTS: • Letter from Larry Shackleford, Chief Executive Officer of Washington Regional Medical Center 4 July 21, 2020 Dear Mayor Jordan, In the period before the COVID-19 public health emergency, Washington Regional had embarked on an ambitious plan to further expand healthcare services to serve the growing Northwest Arkansas population and attract patients from surrounding areas. Our Board remains committed to the plan to realize that vision. Our organizational plan is aligned with the objectives outlined in a recent report commissioned by the Northwest Arkansas Council, which Is to make our area a regional healthcare destination. We have long been concerned that area residents travel outside our region to seek specialty services that can and should be offered locally. According to the report, Northwest Arkansas loses $950 million annually as a result of residents traveling to providers In other regions. Among other recommendations, the report calls for the region invest In the expansion of services to keep patients at home and attract new patients from other areas. The report concludes that such an Investment will result in 6,000 new jobs and add $3.4 billion to the local economy by 2040. Washington Regional is the region's only locally owned and governed health system. Our board members live and work In Washington County and we believe our reputation as the region's leading healthcare provider has been attained as a direct function of our local governance which, In turn, makes our organization responsive to the needs of our community —not a corporate office located in another state. Washington Regional currently employs over 3,300 Individuals In our community with an average annual wage in excess of $70,000. The original North Hills campus of Washington Regional was built In 2002 with a total of 340,641 sq. ft. Over the past decade our campus has experienced significant growth. Today, our campus consists of 707,731 sq. feet of space with the recent completion of our core hospital expansion. That growth has enabled us to offer cutting edge services that are on par with what might be found In much larger cities. For Instance, we operate the region's only Comprehensive Stroke Program, a comprehensive neuroscience center, and a Level II Trauma Center, to name but a few. However, Washington Regional has reached the limits of physical capacity at the current North Hills campus. We must expand our foot print, and Ideally that expansion would be adjacent to our current campus. We need to Increase the clinical capacity available at our current campus, and for complex regulatory reasons, our ability to do that will largely be determined by our ability to secure additional real estate that abuts our current campus. The preliminary plans I have mentioned all point to that expansion occurring toward the North and West. The construction of our new business office at Gregg and Drake Streets demonstrate that commitment. Our significant growth opportunity, however, rests with the 3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 . 479.713.1000 - wregional.com :"' , ashinigt n Regional Drake Farms development. There simply is no other land of sufficient size available to Washington Regional that adjoins our campus. My point In writing Is to voice the support of Washington Regional and its Board for the Drake Farms project and the efforts of the City to develop the necessary Infrastructure to bring that planned development to fruition. We believe Drake Farms will serve Fayetteville well Into the future, bringing the type of mixed use development that the City favors to our community. This Is an Important project for Fayetteville, Washington Regional and the Northwest Arkansas region. Sincerely, Greg Lee J. Larry Shackelford Board Chair Presldent & CEO 3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 • 479.713.1000 • wregional.corn -w& f�}y'10° + r. ORDINANCE NO. 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 $28,344.86, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $750,000.00 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 Garrett Drive and Gregg Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, 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 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. 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, 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 $28,344.86 for a total estimated project cost of $750,000.00. 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. PASSED and APPROVED this 2"d day of June, 2020. APPROVED: IN LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk/Treasurer CityClerk From: Sent: To: Cc: Subject: Attachments: Categories: Good morning, CityClerk Thursday, August 6, 2020 9:17 AM Bolinger, Bonnie; Pennington, Blake; CityClerk; citycouncil@matthewpetty.org; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Jerry Hogan FW: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan Closing Railroad Crossing on University Avenue to Vehicular Traffic.docx Forwarded Please see the attached document from Jerry Hogan. Thank you, Xcwal Paxto-vv City Clerk Treasurer City of Fayetteville, Arkansas kapaxton (a.fayetteville-ar. gov T 479.575.8323 CITY O' i PAYSTrIVI LL■ RIF ARMANIAS From: Jerry Hogan <jbhogan22@hotmail.com> Sent: Thursday, August 6, 2020 8:20 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Fw: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, Kara, I think I originally sent this email to the wrong email address. Sorry. Jerry From: Jerry Hogan <ibhogan22@hotmail.com> Sent: Wednesday, August 5, 2020 8:50 AM To: kapaxton@fayetteville-ar.gov <kapaxton@fayetteville-ar.gov> Subject: Objection to closing University Avenue vehicular traffic at the Railroad Crossing - J. B. Hogan Good Morning, Kara, Each time I send one of my "positions" or "objections" to you for the mayor and city council I intend it to be my last but something always seems to come up. The attached file is the standard cover letter and a very brief objection to closing off University Avenue at the railroad crossing to vehicular traffic. Would you please distribute this information to the mayor and city council? Thank you, Jerry Hogan 1984 N. East Oaks Dr. #2 Fayetteville, AR 72703 479-521-5314 ibho ag_n22 a,hotmail.com For: Mayor Lioneld Jordan and the Fayetteville, AR City Council — Thursday, August 6, 2020 From: Jerry B. Hogan, 1984 N. East Oaks Dr. #2, Fayetteville, AR, 479-521-5314, jbhogan22@hotmail.com Topic: Closing of railroad crossing on University Avenue to vehicular traffic Summary: I oppose closing the railroad crossing to vehicular traffic Contents: Two points in opposition to the closing of University Avenue — 1 page Please note: these notes reflect my personal opinion as a citizen of Fayetteville. I do not speak for anyone else or any organization. Thank you Jerry B. Hogan I oppose closing University Avenue at the train crossing to vehicular traffic for the following reasons: 1) The people living on University south of Center will be deprived of a convenient and direct outlet to Prairie Ave and MLK Blvd. This would cut them off from the Neighborhood Market at MLK and Government Avenue and to the businesses along Prairie as well shutting them off from a back way to the expanding FPL. Also, I assume some day we will need a light at Govt. and MLK and this would allow a direct line of traffic from Prairie down Government to the National Cemetery. 2) From a historical perspective — this sort of jogging road runs from Dickson Street all the way to 15th Street (given the current difficulty of crossing MLK there at Government) — it connects our historical Evergreen Cemetery with the National Cemetery and the entire length of the road from Dickson to the National Cemetery was once known as Cemetery Road. I would advocate for leaving this crossing open to vehicles so that the potential flow of traffic is not impeded by making this a dead end. City of Fayetteville, Arkansa udget Adjustment Form (Legistarl Budget Year Division Adj tment Number 2020 /Org2 ENGINEERING (621) Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement/Agreent with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenuel of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ , for a Total Budget of $750,000. RESOLUTION/ORDINANCE COUNCIL ATE: 6/2/2020 LEGISTAR F E ID#: 2020-0414 M atthe,,w Maddo- 5/14/2020 12:24 PM / Budget Director Date TYPE: D " (City Council) JOURNAL #: GLDATE: 6/2/2020 CHKD/POSTED: TOTAL - - v.20200324 Increase / (De ease) Project.Sub# Account Number Expense evenue Project Sub.Detl AT Account Name 4602.860.7220-5809.00 721,656 - 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 28,344 - 46020 7220 EX Contingency - Capital Project 460.2.860.7999-5899.00 (750,0 ) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\06-02-2020\B.4, 2020-0414 Futrall Railroad Crossing 1 of 1 City of Fayetteville Staff Review Form 2020-0414 Legistar File ID 6/2/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/14/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 28,344.86, for a Total Budget of $750,000. 4602.860.7220-5809.00 Account Number 46020.7220 Project Number Budget Impact: Streets Project 2019 Bonds/Street Improvements Fund Futrall/Gregg and Shiloh/Gregg RR Xngs Budgeted Item? Yes Current Budget Funds Obligated Current Balance Project Title $ 20,000.00 �$ 1,734.96 Does item have a cost? Yes Item Cost $ 750,000.00 Budget Adjustment Attached? Yes Budget Adjustment $ 750,000.00 Remaining Budget $ 18,265.04 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JUNE 2, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: May 13, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 28,344.86, for a Total Budget of $750,000. RECOMMENDATION: Staff recommends approval of a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad (AMRR) for a new railroad crossing near Shiloh Drive and Gregg Avenue. Staff also recommends approval of the budget adjustment to fund the cost of the railroad crossing agreement and associated costs of roadway and traffic signal modifications to complete the railroad crossing, including a contingency of $28,344.86. Total project cost including contingency is $750,000. 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. DISCUSSION: AMRR has presented two agreements to the City. The first, a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing. including: • 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. The estimated cost of the crossing installation is $519,179.14. • The City agrees to close the existing unimproved crossing at Garrett Dr. and Gregg Avenue. • The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for basic maintenance and wear and tear. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • The City and the AMRR agree to equally share the cost of repairs or major maintenance. The second. an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. In addition to these agreements, construction of the roadway connection from the railroad to Gregg Avenue and modification of the traffic signal to accommodate the 4th leg of the intersection and connect to the railroad signal are the responsibility of the City. The estimated cost of these improvements is $202,476. Finally, a contingency of $28,344.86 is recommended for unforeseen costs of the railroad crossing and/or the roadway/signal work. BUDGET/STAFF IMPACT: As noted above, the total project estimate is: Agreement with AMRR: $519,179.14 Roadway/signal work: $202,476 Contingency: $28,344.86 Total: $750,000 Funding for this work will come from the 2019 Transportation Bond Program. The original allocation in Phase 1 was $1 million for two proposed signal crossings; the total for the two is now estimated at $1.5 million; the additional $1.5 million will come from contingency funds set aside in Phase 1 of the Bond Program. Attachments: New Railroad Crossing Cost and Maintenance Agreement Easement Agreement Estimate for Roadway and Signal Improvements Project Vicinity Map Vicinity Map of Crossing to be Closed 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 Arkansas & 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: i. 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 $95 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 3`a 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. 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. 8. Both parties acknowledge that the signatories below have the appropriate authority to sign on behalf of the party they represent. 2020. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _ day of THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Signature Print Name Title STATE OF ARKANSAS ) COUNTY OF ) CITY OF FAYETTEVILLE, ARKANSAS Signature Print Name Title ACKNOWLEDGMENT On this day of , 2020, before me, the undersigned, allotary Public, duly commissioned, qualified, and acting, within and for said County and State, appeared in person, _Lioneid 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: Notary Public ARKANSAS & MISSOURI RAILROAD COMPANY Approved by: Signature CAREN L. KRASKA Print Name President Title ACKNOWLEDGMENT STATE OF ARKANSAS ) )H COUNTY OF %J AS Z`5- ) -rh On this 1 s day of M a.-t , 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: CV)C,2.c-I�4 1-41 so ae `'YIQLA.L4 � 0V­V1,, .,L- Notary Public ` %1111110, `P$ ANDRFgO/si. NOTARY PUBLIC _ Comm. # 12365395 — My Comm Expires Mar 17, 2028 ���� 0 ; ARK;N�0 DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE loo. DISTANCE FROM SHUNT TO FUYRALL TRACK WIRE —121, MIN -50, Low.— FUTRALI. DRUE To NUA 4T SHILOH DRIVE 630 HZ TE'w Ft2 R-1 4 ll� vi� L —T ---- ------- L ------------------ F — 4% H'5 /All 2r Yj-4 M"MUM TIME 20 SEC PLUS CL~E TIME a SEC MINIMUM WARNING TIME (WWT) 20 SEC IPLUS BUFFER TIME 1 5 SEC I [TOTAL APPROACH TIME (TAT) SPEED TIMES RATIO OF F7/SEC TO MPH ITOT_ (MINIMUM) APPROACH OIST"E r 7 SIGNALS: ALL LIGHTS TO BE LE.D. EXHIBIT I GATE 0 1 26: CABLE RUNS- : GATE #2 1 8 G - 7C#6/7C#14 U.G. PED GATE #IA - 1 2: PED GATE J12A - 12 C - K 0 U- IF r' CANTILEVER 01 - 21' P - 3C#6 UG T a 2C#6 TWISTED PAIR U.G. GREGG STREET ,*\I,CT a 1601 CAMP BOWIE W bl.V( FORT WORTH, Ix 76116 (817) 886-8210 WWW.CTClNC.COM - ARKANSAS& MISSOURI RAILROAD ,.-IIHALL OR[Vf (AYETTUVILLE., ARKANSA, A 08-w-19 '", �m U'a I QTI (;To I— ow'00 000 Doux AiPXANSASGM/SSUUITI /t4S11,9a40 Arkansaas & 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 Pandroi 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 1 15# 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: Jeromy 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% 0/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 2 Subtotal (labo Totl $278,531.77 $519,179.14 RAILROAD CROSSING EASEMENT AGREEMENT This Agreement, made and entered into this day of 2020, by and between the City of Fayetteville, Arkansas (hereinafter "City") 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 con., -.-.,ion of the project, the Parties shal, --ar 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 WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 2020. Page 3 of 5 CITY OF FAYETTEVILLE, ARKANSAS i,,nature -Signature Print Name Print Name ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this day of , 2020, before me, the undersigned. a Notary Public, duly commissioned, qualified, and acting, 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. My Commission Expires: Notary Public Page 4 of 5 ARKANSAS & MISSOU)RI RAILROAD 2� Approved by: Signature Caren L. Kraska Print Narne President Ti tte ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OFI3AS"'Ytfaton) §§ On this 15 day of m t , 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. (vAa,-,) , 1 qI 2 Oa ,� Notary Public Page 5 of 5 1�111111//� w % '\'\ ,, ANDRFa�/s ; NOTARY PUBLIC Comm. N 12365395 My Comm Expires Mar 17, 2028 ` �� r q'yq� h�1VGTIJNCSP. '' 1111 1 11�4 \ \\ DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE WIN MIN FUTRALL DRIVE CANT NEAR 11 GAT11 WARE SIX GATE DISTANCE FROM SHUNT TO FUTRALL TRACK WIRE SHILOH DRIVE I 6w fo7t] SHILOH DRIVE 630 HZ Stuu i 6. T2 R2 TI f 430 HZ/4.0 KHZ RI FSS-2C H* 630 HZ r -- -------- - — --------------- F 2WH WH W „A SHILOH DRIVE E GATE [-VAl CHE DR 600' APPR 94W"f_ AC XP4 I TRACK I I I MINIMUM TIML 20 SEC PLUS CLEARANCE TIME 0 SEC MINIMUM WARNING TIME {YWf) . 20 SEC IPLUS BUFFER TIME 5 SEC [TOTAL WARNING TIME (TW EQUIPMENT RESPONSE LIME �PLII, PLUS ADVANCE PRE-EMP110N RME N/A SEC TOTAL APPROACH TIME (TAT) ,10`.x_ f MAXIMUM TRAIN SPEED 25 MPMI TIMES WTIO OF Ff/SEC TO MPH [TOTAL (MIMMUM) APPROACH DWANCE T� 00 F-t] SIGNALS ALL LIGHTS TO BE L.E.D.GATE EXHIBIT I #1 - 26 . CABLE RUNS: GATE #2 - 18' G = 7C#6/7C#14 U.G. PED GATE IIA 12: c - 5c#6 U.C. PED GATE #2A 1 2 CANTILEVER #1 21' P - 3C#6 u G I - 2C#6 TWISTED PAIR U.G, GREGG STREET Wl CAMP BOWIE W BLVC FORT WORTH, TX 76116 n"or (817) 886-8210 Tr"-Mrl• www,ciuN(;.cum p ARKANSAS & MISSOURI RAILROAD FUTRALL URIVL FAYETTEVILLE. ARKANSAS City of Fayetteville ►� Futrall Drive Railroad Crossing CITY OF FAYETTEVILLE Preliminary Cost Estimate AR KANSAS 10/10/2019 ITEM DESCRIPTION QTY. UNIT UNIT COST EXTENDED COST 1 Mobilization 1 LS x S 7,000.00 = $ 7.000.00 2 Insurance and Bonding 1 LS x $ 10,000.00 = $ 10,000.00 3 Construction Control (Staking) 1 LS x $ 3,000.00 = $ 3,000.00 4 Traffic Control & Maintenance 1 LS x $ 5,000.00 = $ 5,000.00 5 Erosion Control 1 LS x $ 4,500.00 = $ 4.500.00 6 Clearing. Grubbing. & Demolition 1 LS x $ 6,000.00 = $ 6,000.00 7 R&D Existing Curb and Gutter 125 LF x $ 10.00 = $ 1,250.00 8 Unclassified Excavation 200 CY x $ 18.00 = $ 3.600.00 9 Select Embankment 175 CY x $ 25.00 = $ 4,375.00 10 Embankment 50 CY x $ 20.00 = $ 1.000.00 11 Subgrade Preparation 260 SY x $ 5.00 = $ 1.300.00 12 4" Topsoil Placement 280 SY x $ 6.00 = $ 1.680.00 13 Solid Sod 305 SY x $ 5.00 = $ 1.525.00 14 Class 7 Aggregate Base Course 120 TON x $ 40.00 = $ 4,800.00 15 HMAC Surface Course (PG70-22) 40 TON x $ 100.00 = $ 4,000.00 16 HMAC Binder Course (PG70-22) 40 TON x $ 100.00 = S 4.000.00 17 18" Concrete Curb & Gutter 160 LF x $ 20.00 = S 3.200.00 18 6" Concrete Trail w/Class 7 Base 140 SY x $ 65.00 = $ 9.100.00 19 Striping 1 LS x $ 10,000.00 = $ 10,000.00 20 Traffic Signs 1 LS x $ 2,500.00 = $ 2,500.00 21 Traffic Signal Modifications 1 LS x $ 75,000.00 = $ 75,000.00 22 24" Flared End Section 2 EA x $ 1,000.00 = $ 2,000.00 23 24" RCP 60 LF x $ 65.00 = S 3.900.00 Total Estimated Construction Costs $ 168,730.00 Contingency (20%) $ 33,746.00 Sub -Total $ 202,476.00 Railroad Costs $ 519,179.14 Total Estimated Project Cost $ 721,655.14 Page 1 of 1 PFROPOSEM FUTRALL 13RIVE FMILROA1D CROSSING for the City of Fayetteville MAY 2020 5 p e ass: ifa ;ipR R6 t ; (4 c ra r u, rrrrrrl - i xtr swallow C.rre I •-...' lala r• r J 1 sr� 1 1 ` '. Ehrner,Tc Cax[Crsrc Noah Wis medica 6` 8 5. _. •... _ Votk r 6 6 z B � cenre�� EJlho9 urm FUTRALL ar o�� Easr Monrc uuauer Orrve CROSSING o astwgtu.• O M I - Fast appkpy Noitl Eetr '' lawn Orrte , VICINITY MAP CITY OF .� FAYETTEVILLE ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO. (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR, No. 8126 FMILFIC3^E3 C:F1C3SS1NCA F:tEMC:)Nf^L CI^Ft Ft E-17T DRIVE for the City of Fc-ay4ettc=,Nri11t,= MAY 2020 @ r —Ap 111 Eeme, —p career 1-1 4 lk CROSSING SMKO REMOVAL ------------ 211, .11, "oe. Weuv Ggn -41 A33 V, 14 'c 415,11, .1 11 Eau Popov st� VICINITY MAP CITY OF FAYETTEVILLE ARKANSAS www.fayetteviIIe-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 � 81 CITY OF FAYETTEVILLE 14'W ARKANSAS MEETING OF AUGUST 18, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: August 12, 2020 CITY COUNCIL MEMO SUBJECT: Item 2020-0414 Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, Approval of a Budget Adjustment for Costs Related to the New Crossing, and Approval of a Project Contingency of $ 30,820.86, for a Total Budget of $550,000. RECOMMENDATION: This item was tabled indefinitely at the June 4th, 2020 City Council Meeting pending resolution of questions from the City Council regarding the economic benefit of the proposed crossing These questions were researched by staff; responses to the questions are detailed in the discussion section below. 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. DISCUSSION: AMRR has presented two agreements to the City. The first. a New Railroad Crossing and Maintenance Agreement, addresses terms of the construction and maintenance of the crossing, including: • 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. The estimated cost of the crossing installation is $519,179.14. • The City agrees to close the existing unimproved crossing at Garrett Dr. and Gregg Avenue. (This item is under discussion with the railroad). • The City will pay a yearly maintenance fee of $7,500, increasing by 2% per annum, for basic maintenance and wear and tear. • The City and the AMRR agree to equally share the cost of repairs or major maintenance. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The second, an Easement Agreement, establishes the terms of the City's perpetual use of the AMRR property for the crossing. The most significant item in this contract is a requirement to maintain insurance in the amount of $15 million. Previous versions of this ordinance included approval of additional funding for roadway and signal installation by the City. These items have been removed from the budget and will be deferred until the time of development. A determination of appropriate contributions by the developers for the cost of the roadway and signal work will be made by the Planning Commission, and a cost share agreement for any portion of the work to be paid by the City will then be brought forward to the City Council. The property developer was not prepared to share details of their development plan when this item was originally presented, but has since provided conceptual plans totaling over $150 Million in construction for phase 1 of their development, including a mixture of residential, restaurant/retail, and anchored by Washington Regional Medical Center who would employ almost 1,000 employees. If these plans are developed to completion as proposed, the cost of the railroad crossing would be recovered by tax receipts from the construction alone, resulting in net profit to the City's tax base beginning in the first year post construction. BUDGET/STAFF IMPACT: As noted above, the total project estimate is: Agreement with AMRR: $519,179.14 Contingency: $30,820.86 Total: $550,000 Funding for this work will come from the 2019 Transportation Bond Program. Attachments: New Railroad Crossing Cost and Maintenance Agreement Easement Agreement Estimate for Roadway and Signal Improvements Project Vicinity Map Vicinity Map of Crossing to be Closed ORDINANCE NO. 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 been 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 Garrett Drive and Gregg Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, 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 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. 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, 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. CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 18, 2020 STAFF MEMO SUBJECT: Estimate for full recapture of the costs of both railroad crossings and annual costs DISCUSSION: Item Cost Shiloh Railroad Crossing $600,000 Futrall Railroad Crossing $550,000 Annual Cost for both crossings for three years $61,208 Grade seperated University pedestrian crossing $500,000 Total $l, 711, 208 While the University crossing is attached to the agreement for the railroad crossing at Shiloh, there is no specific reason for its association other than how the agreements were drafted. As such, this memo aims to show full recapture of all costs, including the grade separated pedestrian crossing at University, using sales tax revenue from both projects (Shiloh and Futrall). Item Time Period Running Balance Initial Cost two crossings and underpass Construction Complete Annual Cost for three years Three years $ ; Revenue from phase 1 construction (both) Year 1 $ (619,500.00) Revenue from first year of phase 1 operation (both) Year 2 $ (582,163.40) Revenue from second year of phase 1 operation (both) Year 3 $ (9,544.60) Revenue from second year of phase 1 operation (both) Year 3 $ 585,427.21 Estimated tax revenue paying back This exercise continues to show the many ways recapture can be calculated and realized by the City -and the many moving variables which could influence it. Costs of construction materials, continued escalation of e-commerce sales, and the addition of additional developments are just a few examples. The table above outlines one such scenario where the developments could nearly pay for the costs by the end of the first year of operation and produce a large amount of revenue the second year of operation. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 va-"> Washington Regional Drake Farms development. There simply is no other land of sufficient size available to Washington Regional that adjoins our campus. My point In writing Is to voice the support of Washington Regional and its Board for the Drake Farms project and the efforts of the City to develop the necessary Infrastructure to bring that planned development to fruition. We believe Drake Farms will serve Fayetteville well Into the future, bringing the type of mixed use development that the City favors to our community. This Is an Important project for Fayetteville, Washington Regional and the Northwest Arkansas region. Sincerely, Greg Lee J. Larry Shackelford Board Chair President & CEO 3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 - 479.713.1000 • wregional.corn Hiwe- ftr 1;t+s;fI Washilt-igtonRegional July 21, 2020 Dear Mayor Jordan, In the period before the COVID-29 public health emergency, Washington Regional had embarked on an ambitious plan to further expand healthcare services to serve the growing Northwest Arkansas population and attract patients from surrounding areas. Our Board remains committed to the plan to realize that vision. Our organizational plan Is aligned with the objectives outlined in a recent report commissioned by the Northwest Arkansas Council, which Is to make our area a regional healthcare destination. We have long been concerned that area residents travel outside our region to seek specialty services that can and should be offered locally. According to the report, Northwest Arkansas loses $950 million annually as a result of residents traveling to providers in other regions. Among other recommendations, the report calls for the region invest In the expansion of services to keep patients at home and attract new patients from other areas. The report concludes that such an Investment will result in 6,000 new jobs and add $3.4 billion to the local economy by 2040. Washington Regional is the region's only locally owned and governed health system. Our board members live and work In Washington County and we believe our reputation as the region's leading healthcare provider has been attained as a direct function of our local governance which, In turn, makes our organization responsive to the needs of our community — not a corporate office located in another state. Washington Regional currently employs over 3,300 Individuals in our community with an average annual wage in excess of $70,000. The original North Hills campus of Washington Regional was built In 2002 with a total of 340,641 sq. ft. Over the past decade our campus has experienced signlflcant growth, Today, our campus consists of 707,731 sq. feet of space with the recent completion of our core hospital expansion. That growth has enabled us to offer cutting edge services that are on par with what might be found In much larger cities. For Instance, we operate the region's only Comprehensive Stroke Program, a comprehensive neuroscience center, and a Level 11 Trauma Center, to name but a few. However, Washington Regional has reached the limits of physical capacity at the current North Hills campus. We must expand our foot print, and Ideally that expansion would be adjacent to our current campus. We need to Increase the clinical capacity available at our current campus, and for complex regulatory reasons, our ability to do that will largely be determined by our ability to secure additional real estate that abuts our current campus. The preliminary plans I have mentioned all point to that expansion occurring toward the North and West. The construction of our new business office at Gregg and Drake Streets demonstrate that commitment, Our significant growth opportunity, however, rests with the 3215 N. North Hills Boulevard • Fayetteville, Arkansas 72703 • 479.713.1000 • wreglonal.com The estimations for sales per foot, as well as employee spend per week were derived from reports prepared by Gibbs Planning Group for the project. The estimations for housing units were derived from reports prepared by Zimmerman/Volk Associates Inc. and the project developer. Internet sales tax per resident was derived using City of Fayetteville internet sales tax collection data and is consistent with other estimates shown to the City Council. Residential grocery, entertainment, and eating out sales per resident were derived from the Bureau of Labor Statistics data for the Fayetteville MSA. Final Notes: The development is consistent with the City's Future Land Use plan designated in City Plan 2040. The project holds many other benefits, such as tree preservation of historic one of a kind black walnut tree's planted by Noah Drake and serves as a major catalyst for future investment aligned with the City's growth concept map. Sales tax has also not been estimated for taxable materials purchased by on site employers or other businesses. Lastly, the economic revenue estimations do not include payroll, or other induced economic benefits the City and surrounding area will see in wake of the project(s). ATTACHMENTS: • Letter from Larry Shackleford, Chief Executive Officer of Washington Regional Medical Center N Sales Estimates Municipal Sales Tax Estimates Estimated Internet Sales from (Residential) Estimated Taxes from Internet Sales 5 8,640.00 Estimated Grocery Sales from (Residential) Estimated Tax from Grocery Sales 433,440, X 8,668, 80 Estimated Entertainment Sales from (Residential) Estimated Taxes from Entertainment Sales 360,000.00 5 7,200.00 Estimated Eating Out Sales from (Residential] Estimated Taxes from Eating Out 288,000.00 5 11,S20 00 Estimated Property Taxes to Fayetteville S 35,000.00 Estimated Retail Safes on site brick and mortar (Site) Estimated Taxes from Retail Sales (Site) Estimated Restaurant Sales on site brick and mortar (Site) Estimates Taxes from Restaurant Sales (Site) 6,300,000.00 5 2' 000 00 Estimated Employee Retail Spend Estimated Taxes from Employee Retail Spend 6 177,600.00 -23 552 CO Estimated Restaurant Sates from (Employee Spend) Estimates Taxes from Restaurant Sales from (Employee Spend) 3,088,800.00 S 123,552 00 Recapture of the cost for the Futrall railroad crossing: Item Time Period Running Balance Initial Cost Construction Complete $ 550,000.00 Annual Cost for two years Year 1-2 $ 20,200.00 Phase 1 Construction revenue Year 1 $ (451,500.00) Phase 1 Year 1 operation Year 2 $ (118,700.00) Year 2 net revenue Year 2 $ 301,672.00 Estimated tax revenue paying back crossing Conservatively, the crossing would likely pay for itself by the first year of operation of phase 1, estimated to begin in year 2 in the table above. However, it could be paid off sooner depending on the pace of development and continued escalation in areas such as internet sales tax. As additional developments are announced and spending patterns shift, staff will continue the monitor the recapture of the costs to install and operate the crossings. Methodology and References: Base Item Unit Restaurant Sales per foot $ 350.00 Internet Sales Per Person $ 3,000.00 Grocery Sales per resident $ 3,010.00 Annual Entertainment per resident $ 2,500.00 Eating out per resident $ 2,000.00 Weekly Retail Spend Per Employee $ 120.00 Weekly Restaurant spend per employee $ 60.00 • Washington Regional: 100,000 square foot building with 150 new full-time employees. Estimated capital investment of $35,000,000 including fixtures. • Multi -Family Apartments: 115 apartment units with an estimated 144 residents. Estimated investment of $20,125,000. • Two Office Buildings with 240 on -site full-time employees. Estimated Investment of $17,500,000. • Multiple Restaurants totaling 18,000 square feet. Sales per foot estimated at $350. Annual Compounding Sales Tax Collection PHASE ONE: 100K Sq ft Washington Regional with YEAR 2 of full 150 FTE. 18,000 Sq ft of Restaurant. 115 Apartment Units at $175K per unit and 144 residents. $17.5M phase 1 build YEAR 3 YEAR 4 YEAR 5 Office Development(s) with 240 other onsite FEES. out $ 420,372.80 5 429,621A0 $ 439,072.66 5 448,732.26 5 458,604.37 2.2°� Inflation Annually 5 9,248.20 5 3,4,' 6 9,E59 r { 5 7 87 ' Sales Tax from Construction phase 1: $451,SW Figure 1: Sales tax from construction is not included in the green bar. Phase Two: • Washington Regional: 250,000 square feet of buildings with at least 600 new full-time employees. Estimated investment of $85,000,000 including fixtures. Annual Compounding Sales Tax Collection PHASE TWO: 3-5 years Additional 250,000 sq. ft Washington Regional, multiple YEAR 2 of full buildings plus at least 600 new FTE. phase 2 build YEAR 3 YEAR 4 YEAR 5 Additional developments not currently out known but will likely take place. $ 653,453.67 $ 667,829.65 $ 682,521.90 $ 697,537.38 $ 712,883.21 2.2% Inflation Annually $ 14,375.98 $ 14,692.25 $ 15,015.48 $ 15,345.82 Sales Tax from Construction phase 2: $476,000 Figure 2: Sales tax from construction is not included in the green bar. CITY OF FAYETTEVILLE W4V ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Devin Howland, Director of Economic Vitality DATE: August 18, 2020 STAFF MEMO SUBJECT: Revenue Estimations: Washington Regional Expansion and Drake Farms DISCUSSION: The Futrall Drive railroad crossing which was identified as a phase one bond project is not being built as a speculative connection. While the connection is a part of the City's Master Street Plan, its purpose is the help facilitate a major expansion of one of the City of Fayetteville's anchor employers, Washington Regional. The connection also plays an integral role in the street network of Drake Farms, a walkable urban community which will be anchored by Washington Regional to the north. The following report aims to provide a conservative view of the direct and indirect sales tax from the mix of uses developed through two separate phases. The revenue estimations do not include revenue from building permit fees, impact fees, or other uses likely to be developed as the property is carefully developed. The report outlines only developments that have been confirmed by the property owner and Washington Regional. Base Item Units Washington Regional Sq. Ft. 350,000.00 Washington Regional Full Time Employees 750.00 Other Full Time Jobs on Site 240.00 Living Units/Residents 115/144 Total Investment $ 151,625,000.00 Restaurant Square Feet 18,000.00 Office Developments 2 Economic Benefits: The project offers significant economic benefits through tax revenue to the City of Fayetteville. While the revenue estimations below primarily annotate sales tax revenue, it is important to note the projects boast significant employment opportunities and increased payroll in one of Fayetteville's targeted industry sectors. While Drake Farms will be built out carefully over the coming years, the first few phases set the tone for careful and detailed development on such an important parcel. This report outlines the first two phases of development on the property and only reviews known protects. Additional developments may be constructed during the following phases. Phase One: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. 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 $2 ,344.86$30,820.86, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $750, 004. 00$ 5 5 0, 000.00 WHEREAS, the extension of Futrall Drive has long been 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 Garrett Drive and Gregg Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2% per annum, 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 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. 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, 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 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 plat 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. PASSED and APPROVED this 2nd day of June, 2020. APPROVED: LIN ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer contingency in the amount of $28,344 30.820.86 for a total estimated project cost of $7-50,000-.0.0$550,000. 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 plat 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. PASSED and APPROVED this 2"d day of June, 2020. APPROVED: 15 LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk/Treasurer Ross N. Ridout President - General Counsel rnridout@ridoutlumber.com i"dout Lumber Company Arkansas DWholesale Lumber, LLC 125 Henry Farrar Drive • Searcy, Arkansas 72143 Tel: 501-268-3929 Fax: 501-268-0678 August 12, 2020 Mr. Chris Brown, P.E. City Engineer, Fayetteville 125 W. Mountain St. Fayetteville, Arkansas 72701 RE. Closing ofAMRR Crossing at Garrett Dr. and Gregg Ave. Mr. Brown: Jennifer Cook Collections Manager jennifercook@ridoutlumber.com As you are aware, approximately one week ago, you reached out to the store manager at Ridout Contractor Outlet of Fayetteville to discuss City of Fayetteville Project No. 46020-7220, which allows for the creation of an AMRR crossing at Futrall Drive in Fayetteville. The memo regarding the project suggests that one of the "'requirements" for the City obtaining this crossing is that the crossing at Garrett Dr. and Gregg St. be closed. Ridout Contractor Outlet, which is part of Arkansas' largest lumber company chain, has been located at 2195 North Gregg since 1995 (25 years). Garrett Drive, I think we can all agree is basically like a small access road with little attention paid to it by the City. We do not typically use it a great deal except to access the rail spur shared with Meeks. The crossing you are referring to is basically the entrance to our lumberyard. Certainly, we would not have chosen that location if that crossing had not existed, which would put our business at the dead-end of a small, hardly maintained street. Additionally, Meeks Lumber is located at the other end of the street, where it meets Township. Closing the crossing would funnel all of Ridout's customers directly in front of (basically through the parking lot of) a direct competitor. For those who do not know, Meeks and Ridout service exactly the same clientele, professional contractors. Clearly, we would not have located there had that been the case in 1995, and it creates a tremendous hardship on a business which has paid a great deal of taxes into the City of Fayetteville and Washington County over the years. I've listed just the numbers for 2019 and 2020 YTD below: Washington County City of Fayetteville Total 2019 170,330 163,178 $ 333,508 2020 YTD 132,719 132,594 $ 265 13 *Totals include taxes paid to City and County by all Ridout entities. Certainly, the only hardships are not those mentioned above, but also, logistically speaking, all large trucks delivering to the Gregg St. Ridout location are now able to make the loop on Garrett Dr. stopping in the Ridout front lot to be unloaded before proceeding onward. This change would cause all trucks to have to turn around in the Ridout business, causing hardship and creating a situation which is many times more dangerous than the current one. It's disheartening that Ridout was not approached by the City of Fayetteville to discuss this move prior to investing so much time and money into the plan. I understand the problems with trying to make a change to said plan at this point. It is more disheartening that the City did not seem to push back against the AMRR on what appears to be such an arbitrary and asinine decision. Of course, Ridout wants to support the City of Fayetteville and its master plan. We are 100% in favor of development for obvious reasons. We would not want to do anything to jeopardize the City's acquiring of a crossing at a desired location like Futrall Drive. We only hate that our business has to be compromised when we have been such a good member of the community in order for others to go forward. One other aspect of this that is also troubling is the fact that Ridout is substantial customer of the AMRR, bringing in about 100 rail cars in a good year. They may not be aware that this move would affect us, but I have made them aware as of the date of this letter by email, and they will be copied hereon. It is our hope that the City of Fayetteville and the AMRR would get together and decide to leave the Garrett Drive crossing open. It is a decision that would seem to affect no one negatively, and would certainly help a longtime business member of the City and a customer of the AMRR. If that is not possible, then Ridout would hope that the City would push back on the AMRR's requirement of closing said crossing to support a business that has certainly supported the City. With highest regards, Ross N. Ridout President & General Counsel Ridout Lumber Companies\ CC: Caren Kraska President, Arkansas & Missouri Railroad Ross N. Ridout President - General Counsel rnridout@ridoutiumber.com 'kidout Lumber Company Arkansas OWholesale Lumber, LLC 125 Henry Farrar Drive • Searcy, Arkansas 72143 Tel: 501-268-3929 Fax: 501-268-0678 August 13, 2020 Mr. Chris Brown, P.E. City Engineer, Fayetteville 125 W. Mountain St. Fayetteville, Arkansas 72701 RE: Closing of AMRR Crossing at Garrett Dr. and Gregg Ave. Mr. Brown: Jennifer Cook Collections Manager jennifercook@ridoutlumber.com This is a follow up to my letter of August 12, 2020. I wanted to let you know I have done some further research on this situation with the AMRR crossings. I have discovered who some of the persons are behind the requests for the new crossings, and I can certainly give my endorsement on behalf of the one that is not tied in this matter to our crossing (Shiloh). I'm sure Keith Richardson and his team have nothing but the best intentions in mind for the City of Fayetteville, as that has been my experience with them in all municipalities. In addition, I'm writing because I have had time to take a closer look at the situation regarding our crossing on Garrett Street, and I have spoken at length with our Fayetteville store manager, as well as our neighbor, Billy Sweetser, about the activities on that street, and the effect that closing the crossing would have. If you examine that road, and the entrance thereto at Township, you will note that the road in its current condition would certainly not be safe for an increased traffic load. The road is very narrow, contains no markings whatsoever, and is adjacent to an active rail spur used by both Meeks and Ridout. As you are aware, unloading rail cars is a dangerous activity, and it has to be done basically in the street and on the shoulder there. For safety reasons, the road would clearly need to be widened and perhaps moved west slightly to accommodate this activity which is critical to each business. In addition, Ridout of Fayetteville does approximately 120 transactions a day which are either delivered on our own trucks or are picked up by customers in our yard. All of that traffic would be diverted down that inadequate road, and into that intersection which is basically in the Meeks parking lot. Also, we receive numerous truckloads of inventory on 18 wheelers each day, all of which would be diverted to that route. Finally, that street is currently used by Meeks for parking trucks adjacent to their fence, by large trucks entering the ministorage with their items, and even by the Fayetteville PD as a place to park while pursuing speeders on Gregg St. In other words, it is used less like a through street, and more like a private drive. Diverting all of the Ridout and ministorage traffic through there would require a re -working of the street. It would need serious upgrades, but would also require changes in behavior, much of which is going to cause considerable inconvenience for those currently using it. Mr. Brown, I know that you and the other city officials want what is best for Fayetteville and Washington County. In this case, certainly that would involve following through with the proposed new crossings to boost development in the area. Take it from someone who has had businesses in towns that do not seek such opportunities. The benefit it brings cannot be taken for granted. It is why Fayetteville is a top place to live in the country and many other Arkansas towns are not. But also, doing what is best in this case would also include leaving the crossing at Garrett Street open. Closing it would cause hardship on existing businesses, and even more importantly, shift traffic onto a street which is not prepared to handle it, making it, for a number of reasons, more dangerous than having the crossing as it sits. It is my sincere hope that you will push for all of these things to happen which are all best for the City, and not let the railroad limit the benefits the City can derive from its opportunities. I appreciate your consideration. With highest regards, Ross N. Ridout President & General Counsel Ridout Lumber Companies City of Fayetteville, Arkansas --dget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a Railroad Crossing and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, approval of a budget adjustment for costs related to the new crossing, and approval of a project contingency of $30,820.86 for a total budget of $550,000. COUNCIL DATE LEGISTAR FILE ID# 9/1/2020 2020-0414 Matthav Maddox, 811312020 2:51 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: CHKD/POSTED: 9/1/2020 / TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20200528 Account Name 4602.860.7220-5809.00 519,180 - 46020 7220 EX Improvements - Street 4602.860.7220-5911.99 4602.860.7999-5899.00 30,820 - (550,000) - 46020 46020 7220 EX 7999 EX Contingency -Capital Project Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\09-01-2020\2020-0414 BA Futrall Railrood Crossing 1 of I CityClerk From: Brown, Chris Sent: Tuesday, August 18, 2020 6:51 PM To: CityClerk Cc: Paxton, Kara Subject: FW: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR Attachments: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR Categories: Forwarded Also got this one. From: Mayor <Mayor@fayetteville-ar.gov> Sent: Tuesday, August 18, 2020 4:01 PM To: Jordan, Lioneld <Ijordan@fayetteville-ar.gov> Cc: Brown, Chris <cbrown@fayetteville-ar.gov> Subject: FW: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR fyi From: Steve Clark <sclark@favettevillear.com> Sent: Tuesday, August 18, 2020 3:39 PM To: Gutierrez, Sonia <wardl poll@fayetteville-ar.gov>; wardl post@favvetteville-ar.gov; Kinion, Mark <ward2 posl@fayetteville-ar.gov>; Petty, Matthew <ward2 pos2@fayetteville-ar.gov>; Bunch, Sarah <ward3 pos2@fayetteville-ar.gov>; Scroggin, Sloan <ward3 posl@fayetteville-ar.gov>; Turk, Teresa <ward4 posl@fayetteville-ar.gov>; Smith, Kyle <ward4 pos2@fayetteville-ar.gov>; Mayor <Mayor@fayetteville- ar.gov>; Stoll, Garner <gstoll@fayetteville-ar.gov>; Howland, Devin <dhowland@favetteville-ar.gov>; City_Attorney <city attorney@fayetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov> Cc: accounting@sweetserconstruction.com; Steve Clark <sclark@fayetteviIlea r.com> Subject: FW: W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR CAUTION. This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Members of the City Council, Mr. Mayor, Mr. City Attorney, Director of Economic Vitality, and Director of Development Services, The Chamber would ask that you read the attached letter from William G. Sweetser. This letter was received just over an hour ago. Mr. Sweetser clearly has a concern about whether the closing of the West Garrett Avenue railroad crossing would impact his business, Arkansas Self Storage, located adjacent to Gregg Street. Mr. Sweetser mentions no one from the city nor anyone else has contacted him about the city's recommendation. He states he learned of this proposed action from one of his neighbors. His exact words are, "So, the Powers to Be in the City (not sure who) decided to stomp on existing businesses to provide other developers enhanced projects". The Chamber would request that before the City Council acts to change the means of ingress and egress to a lawful operating business in Fayetteville that at a minimum those businesses affected get actual notice of the proposed change and have the opportunity to be heard before a decision is made. The Chamber joins Mr. Sweeten in his excitement about the new investment projects in Fayetteville currently being developed and proposed adjacent to Gregg Avenue. The two railroad crossings proposed by the Mayor at Futrall Drive and Shiloh are having an immediate impact on investment in Fayetteville. It is equally clear that when each crossing becomes active they will continue to serve as a catalyst for others to invest in our city. The Chamber asks that the City Council take no action on the West Garrett Avenue railroad crossing until all impacted businesses owners are given personal and written notice of the change and the opportunity to be heard. The Chamber further asks that the City Council approve the railroad crossing proposed at Futrall Drive and Shiloh. The City Council taking these actions together we submit makes the statement to all investors watching that Fayetteville is open for business and Fayetteville believes in and supports our existing businesses. We assert that is a good reputation for our City to have. Respectfully submitted, Steve Clark, IOM President & CEO Fayetteville Chamber of Commerce 21 W. Mountain Ste. 300 / P.O. Box 4216 Fayetteville, AR 72702-4216 o: 479.521.1710 / f: 479.521.1791 www.fayettevillear.com Fayetteville • d.••••••�� ®0® Note: Please consider the environment before printing this email. Disclaimer., This email is conf.;dentiol and may be privileged. If you have received it by mistake, please notify the sender by return email and delete it from your system. }ou should not copy, disclose or use it for any purpose. The sender provides no guarantee as to the correctness of this information and accepts no responsibility for any action taken on the oasis of it. CityClerk From: Sent: To: Subject: Attachments: Hello, accounting@sweetserconstruction.com Tuesday, August 18, 2020 1:07 PM Steve Clark W. Garrett Ave. Railroad Crossing Closure Fayetteville, AR Railroad Closure Satellite View.pdf thaw IWrQ, LU Flywilbe, ARM My name is William G. Sweetser. I am the developer & Co-owner of Arkansas Self Storage, Fayetteville, AR 23 Gregg Avenue, Fayetteville, 72703, I received a phone call last week from a neighbor property owner that the City of Fayetteville has made a deal with other developers (North of our location) to provide each of those projects with a SE( access to their property for new development. Both developers have very nice improved railroad crossings now to ac( property. The hidden agenda for me is the city also agreed to dispose of 2 existing railroad crossings. One of those cra closures would have a massive financial impact on my business at Arkansas Self Storage. I am pro development for Fa, I am very happy for the other developers for investing in Fayetteville. We invested in our property 20 years aE not writing this to represent other property owner's, but I cannot fathom the financial impact to Ridout Lumber. I am how much sales tax they produce for Fayetteville, but I would bet it is huge. I have never been notified in any way abc and no other business owners have been notified either. City of Fayetteville Planning has a protocol to notify all prop( owners where anything is happening in their area. So, the Powers to Be in the City (not sure who) decided to stomp o business to provide other developers enhanced projects. Please do not close W. Garrett Drive railroad crossing. We have always taken pride in our investment and hav maintained City of Fayetteville Right -of -Way for 20 years (mowing, trash pick-up, trimming, & tree maintenance). Plei our business anytime 24/7. Our property makes our community better! William G. Sweetser Owner) Arkansas Self Storage — Fayetteville 2325 North Gregg Ave. Fayetteville, AR 1 wro MEEK'S LUMBER T �. r6 t s tii � yY i��i► ,- - -i list { { 1 i CITY OF FAYETTEVILLE ARKANSAS TO: Mayor and City Council THRU: Susan Norton Chief of Staff Garner Stoll Development Services Director FROM: Chris Brown, City Engineer DATE: September 1, 2020 STAFF MEMO SUBJECT: Futrall Drive Railroad Crossing -Alternatives to Closure of Garrett Dr. Crossing The proposed agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive includes a stipulation that the crossing at Garrett Drive, just north of Ridout Lumber, be closed to vehicular traffic. Ridout Lumber and other businesses impacted by the closing have expressed concern about the loss of this crossing. Alternatives to simply closing this location were presented to the Transportation Committee, as follows: Installing safety improvements (lights and gates) at this crossing. Installation costs would be expected to be in the range of $500,000 to $600,000. Ongoing maintenance and insurance costs would be expected as well. 2. Construction of a connector street along the railroad, to connect the Township St. crossing and the Poplar Street Crossing. This cost is estimated to be in the range of $650,000 to $950,000 depending on the alignment, but would have less operating cost than option 1. 3 alignment alternatives are attached for this option. 3. Closure of the Douglas Street/Frisco Avenue crossing in lieu of the Garrett Drive crossing. This closure would provide a safety benefit for the Razorback Greenway by also eliminating the trail crossing. Bicycle and pedestrian crossings 650 feet to the north and 1350 to the south are available, but the loss of the vehicular connection would likely result in more traffic on Wilson Avenue and Maple Street as traffic enters and exits the University of Arkansas campus. The Transportation Committee voted 3-0 to recommend pursuing the closure of the Frisco Avenue crossing, pending input from the Active Transportation Advisory Committee. The ATAC met on Monday, August 31 to discuss this closure vs. the other options considered, and unanimously approved the following recommendations: 1. That the Douglas/Frisco crossing remain open to all traffic. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 2. That improvements to the Douglas/Frisco crossing be considered as a concession to the railroad in lieu of closing the Garrett Avenue crossing. In summary, the agreement that is currently up for consideration includes simply closing the Garrett Avenue crossing in exchange for the new crossing at Futrall Drive. The Council may approve the agreement as is, with no revisions to the contract. If the Council wishes to pursue a revision to the contract, staff and the Active Transportation Advisory Committee recommends offering improvements to the Douglas/Frisco crossing as a concession for new Futrall crossing. Attachments: Connector Road -Township to Poplar (3 alternatives) Frisco Avenue Railroad Crossing Overview -«a SHA l 'fit 47- � 1 I \ b. y. ( �.� _ .,.,,. .,____• .I., ems'. ,. I a d -v �' aF t ee D Public Comments. Public comr it a Citv Council meeting shall be allowed for embers of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks; reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display Email Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Josh Moody Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 2 Phone Number Email Meeting Body* City Council Agenda Item 1 2020-0414 Railroad crossings Number/Subject Please dick the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Comment Only Comments It is my understanding that both the City Council and Railroad company are hesitant to close the railroad crossing at Garrett. It is also my understanding that the City Council is exploring the closing of Frisco/Douglas instead. As a member of the Active Transportation Committee, I want to emphasize that we agreed unanimously last night on not only keeping Frisco/Douglas open; but creating improvements there as well. It is a well used pedestrian, cycling; and motorist crossroads, and to close it would be detrimental to Loth neighborhoods and areas on either side of the tracks. We want to ease east west flow city wide; especially near downtown; rather than decrease flow. Garrett could also use some improvements in the future, but is currently mainly used for a couple of businesses near there and little other traffic. As Fayetteville continues to grow, we want to allow as much foot and bike traffic as possible to mitigate increased motor congestion. Also, rerouting motorists would only increase congestion in other places. Attachments ;" r?411,'ed Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: BIRCH AVENUE - _ I h=' WIDEN EXISTING - ROADWAY - $80,000 NEW CON $870,001 EASY AVE. O — Ti- _o -r AVE i GREGG "--� T� AVENUE"— _ I nols �? r �' � �� '` � _ _ i 't , -a �, � `• i gym, n J 113 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 Futrall/Gregg RR Crossing Project City of Fayetteville Staff Review Form 2024-0216 Item ID NA City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Casey 4/2/2024 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends approval of the Traffic Control Device Permit and Agreement for the improvements proposed for the Futrall/Gregg RR Crossing Project. Budget Impact: 2022 Transportation Bond Funds Account Number Fund 46020.7220 Futrall/Gregg and Shiloh/Gregg RR Crossings Project Number Project Title Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution# 6393 Change Order Number: Approval Date: 04/18/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Lioneld Jordan THRU: Chris Brown, P.E., Public Works Director FROM: Matt Casey, P.E., Engineering Design Manager DATE: April 2, 2024 SUBJECT: TCD Permit for the Futall/Gregg RR Crossing Project RECOMMENDATION: Staff recommends approval of the Traffic Control Device Permit and Agreement for the improvements proposed for the Futrall/Gregg RR Crossing Project. BACKGROUND: The extension of Futrall Drive has long been on the City's Master Street Plan, to provide additional access to approximately 150 acres of undeveloped property west of the railroad tracks, east of Garland Avenue, and north of Drake Street. 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. On December 15, 2020, the City Council approved an agreement with the Arkansas Missouri Railroad for the construction of a new railroad crossing at North Futrall Drive and North Gregg Ave. DISCUSSION: City Staff completed the design for this project and submitted the design to ArDOT for permitting since part of the project is within ArDOT right of way. Whenever a signal is modified or added on a state highway, then ArDOT requires a Traffic Control Device permit and agreement to be signed by the city for the work. The proposed work has been approved and is contingent upon the TCD being signed and returned to ArDOT. BUDGET/STAFF IMPACT: The design and construction of this project is funded by the 2019 Transportation Bond Fund. This request does not have a budget impact. Attachments: ArDOT TCD Permit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARKANSAS DEPARTMENT OF TRANSPORTATION TRAFFIC CONTROL DEITIICM PERMIT AND AGREEMENT PERMIT NO: 1795 Date Issued: 4/1/2024 Expiration Date: 4/1/2025 To: Fayetteville DISTRICT NUMBER: 4 (Maintenance Authority Name) COUNTY NAME: WASHINGTON Highway Number(s): Hwy. section number(s): Corrridor Name: N. Gregg Avenue The authority listed above is hereby authorized to install or modify a traffic control device at the location(s) specified below: Replace the existing traffic signal at the intersection of N. Gregg Avenue and Futrall Drive. in accordance with the following: Modification to existing intersection?: ❑ I. Type of Equipment: Control Device: Detection: ❑ Loop ❑ Remote Intersection Control Signal © Video II. Operation Closed Loop Coordinated © Prempt-RR III Design ❑ Prempt-EV Design By: City/County Time settings by: City/County Other comments or stipulations: All work shall be complaint with the current MUTCD. WHEREAS, authority for the control, location, and selection of traffic control devices on State Highways has been delegated to the State Highway Commission by Section 109(d), Title 23, U.S. Code, and Ark. Code Ann. §27-52-104, 105, and 106. WHEREAS, the State Highway Commission officially adopted a manual for a uniform system of traffic control devices, and by Minute Order 2001-141 of July 11, 2001, has implemented these regulations relative to the control, location, and selection of traffic control devices by local governments on State highways. Form: 3-23-2012 brb Permit No.: 1795 Page 1 of 2 ZURBILATESALISDEPgRT71CIENT OF TRgNBPORTgTION TR A FFICJ CJONTROL DEYICIE PERMIT gATD gGiREEUVIDENT NOW THEREFORE, in accordance with these authorizations, the following Permit & Agreement is made and entered into between the Department and the local government, hereinafter"Applicant", to install, operate and maintain the traffic signals at the location requested. The Applicant may proceed with work in accordance with the approved plans and specifications when both parties sign this Permit& Agreement. Acceptance of this Permit& Agreement signifies the Department and Applicant agree to the following conditions: 1) The Applicant and Applicant's contractor shall safeguard the traffic on the highway and/or intersection during construction covered hereunder by placement and maintenance of proper traffic control devices in accordance with the Manual on Uniform Traffic Control Devices. Applicant hereby agrees to hold harmless and indemnify the State Highway Commission, the Department, and its duly appointed agents, officers and employees, from all expenses, claims, liability, or damages of any kind or nature whatsoever due to the construction, performance or lack of performance of the work or that may arise during the periods the devices are being installed or in effect. 2) Applicant hereby agrees to be responsible for safeguarding all utilities in the work area(s)and to hold harmless and indemnify the State Highway Commission, the Department and its duly appointed agents, officers and employees, from all expenses, claims, liability, or damages of any kind or nature whatsoever due to the construction, performance or lack of performance of the work or that may arise during the periods the devices are being installed or in effect. Applicant shall notify Arkansas One-Call, at 1-800-482-8998, and have utility services located in this area prior to beginning work. 3) All work performed by the Applicant and Applicant's contractor shall comply with the Americans With Disabilities Act. The Department will not inspect the work for compliance; assurance of compliance shall be the responsibility of the Applicant. If required,Applicant shall correct any deficiencies found by others. 4) NPDES Phase I1 Storm Water Construction Permits shall be required on all projects that have a"disturbed soil area" of one acre or more. The Applicant may be required to obtain a Storm Water Construction Permit from the Arkansas Department of Environmental Quality (ADEQ) at 501-682-0627 or 501-682-0621. Regardless of any existing or future ADEQ requirements, all areas of disturbed soil, of any size, on the right of way shall be revegetated in accordance with the Standard Specifications for Highway Construction,Edition of 2003. 5) The Applicant hereby agrees that any change from the plan as submitted and approved must be reviewed by the Department before starting work. No changes will be made in the controller dial settings,cycle length and operation of the signals as noted in this Permit&Agreement without approval of the Department. 6) The Applicant hereby agrees that all work will be done at no cost to the Arkansas Department of Transportation. 7) The Applicant hereby agrees that the work and all materials used will be in conformance with the Institute of Transportation Engineers Specifications, the Manual on Uniform Traffic Control Devices (current edition), the Standard Specifications for Highway Construction, Edition of 2014 and any specifications or design standards supplied by the Department for this installation. The Applicant shall contact the District Engineer listed below to schedule a preconstruction conference before beginning work and to provide information to the District Engineer prior to placing the traffic control device into flashing or full operation. Dist.Eng.: .lason Hughey Dist. Phone: (-179)484-53(16 THE NDERSIGNED IS DULY AUTHORIZED TO ENTER INTO THIS PERMIT AGREEMENT AND AGREES TO THE TERMS AND CONDITIONS THEREOF j04/18/2024 /444144., 04-02-2024 pplica 'e Date Dept Signature Date _ tteVllle Trinity D. Smith Mayor Engineer of Roadway Design Form 3-23-2012 brb Permit No.. 1795 Page 2 of 2