06/07/2018 MINUTES
WEST MEMPHIS CITY COUNCIL
JUNE 7, 2018
A regular meeting of the West Memphis City Council was held on Thursday, June 7, 2018 at 1:30 p.m.
in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas.
Invocation was given by Reverend and reporter for The Times John Rech, followed by the Pledge of
Allegiance. Mayor Johnson called the meeting to order. City Clerk Phillip Para called the roll. Those
present were: Mayor William H. Johnson, City Attorney Michael Stephenson, City Clerk Phillip Para,
City Treasurer =rank Martin, Councilmembers: Tracy Catt, James Pulliaum, Ramona Taylor, Helen
Harris, Marco McClendon, Willis Mondy, James Holt, Wayne Croom, Melanie Hutchinson, and Lorraine
Robinson. Quorum being present, Mayor Johnson proceeded with the meeting.
BID OPENING
Bids for Comm.inity Development: 13-Rehabilitation Roof Projects were opened at 1:00 and copies of
the bid tabulation were given to the City Council. Councilmember Pulliaum made a motion, seconded
by Councilmen ber Taylor to accept the bids and refer them to Community Development for final
disposition. U ion voice vote, the voting was unanimous. (copy of bid tabulation attached)
PROCLAMATION
Donnie Blair, Planning & Development read a Proclamation from Mayor William H. Johnson proclaiming
the month of June 2018 as Fair Housing Month.
MINUTES
Councilmember Catt made a motion, seconded by Councilmember Pulliaum to dispense with the
reading of the Minutes of May 17, 2018 City Council Meeting, and approve them as submitted. Upon
voice vote, the voting was unanimous.
OLD BUSINE.c:S
2"d Reading '%N ORDINANCE TO LEVY AN ANNUAL PRIVILEGE LICENSE UPON ALL
PERSONS, Pf RTNERSHIPS, ASSOCIATIONS, FIRMS, AND CORPORATIONS ENGAGED IN
CARRYING ON OR FOLLOWING CERTAIN TRADES, BUSINESS, PROFESSIONS, VOCATIONS,
AND/OR CALLINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS,
ARKANSAS T;:) PROVIDE THE TIME FOR PAYMENT OF SUCH PRIVILEGE LICENSE TO
PROVIDE PENALTIES FOR NONPAYMENT THEREOF
City Attorney Stephenson read the Ordinance for the second time. Councilmember Pulliaum made a
motion, seconc(ad by Councilmember Taylor to suspend the rules and place the Ordinance on the third
and final readir g. Upon voice vote, the voting was unanimous. City Attorney Stephenson read the
Ordinance for the third and final time. City Attorney Stephenson explained that this ordinance will
establish new faes and update the categories of the Privilege License Ordinance that will take effect
January 2019. Councilmember Pulliaum made a motion, seconded by Councilmember Taylor to adopt
the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and
assigned No. 2472.
NEW BUSINESS
Councilmember Pulliaum made a motion, seconded by Councilmember Taylor to suspend the rules and
read the title only of Resolution R-1, and Ordinances 0-1 through 0-3. Upon voice vote, the voting
was unanimou:a.
R-1 A RESOLUTION TO CHANGE THE WEST MEMPHIS COMPREHENSIVE PLAN FOR THE
AREA LOCAT I::D EAST OF AR 147 HWY, NORTH OF INTERSTATE 40 AND SOUTH OF AR 218
HWY FROM RI::SIDENTIAL, COMMERCIAL, AND CONSERVATION TO INDUSTRIAL
City Attorney Stephenson read the Resolution. Councilmember Croom made a motion, seconded by
Councilmember Pulliaum to adopt. Upon voice vote, the voting was unanimous. The Resolution was
adopted and a.,;-signed No. 2168.
0-1 AN OR)INANCE TO REZONE A 609.92 ACRE TRACT OF LAND IN THE CITY OF WEST
MEMPHIS, LOCATED AT APPROXIMATELY 1351-1983 N. AIRPORT ROAD FROM I-1 LIMITED
INDUSTRIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT WITH INDUSTRIAL USES
City Attorney Stephenson read the Ordinance for the FIRST time.
0-2 AN ORDINANCE TO AMEND THE WEST MEMPHIS ZONING ORDINANCE 1988, AS
AMENDED, ARTICLE 11; SECTION 1-ZONING DISTRICTS ESTABLISHED, ADDING 1-I-M LIMITED
INDUSTRIAL MANUFACTURING DISTRICT; ARTICLE III; SECTION 3-INDUSTRIAL DISTRICTS;
PARAGRAPH A-GENERAL DESCRIPTION, ADDING #1. B.1-1-M LIMITED INDUSTRIAL
MANUFACTURING; PARAGRAPH B- PERMITTED USES, AND PARAGRAPH C- LOT, YARD AND
HEIGHT REGULATIONS
City Attorney Stephenson read the Ordinance for the FIRST time.
0-3 AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS,
LOCATED EAST OF AR 147 HWY, NORTH OF INTERSTATE 40 AND SOUTH OF AR 218 HWY
FROM R-1 SINGLE FAMILY DISTRICT, C-2 OPEN DISPLAY COMMERCIAL DISTRICT, AND CV
CONSERVATIVE DISTRICT TO 1-I-M LIMITED INDUSTRIAL MANUFACTURING
City Attorney Stephenson read the Ordinance for the FIRST time.
PERMISSION REQUESTS
Councilmember Taylor made a motion, seconded by Councilmember Pulliaum to refer the bids for the
Sewage Treatment Plant Automatic Screens to the West Memphis Utility Commission for disposition.
Upon voice vote, the voting was unanimous. (Copy attached)
Councilmember McClendon made a motion, seconded by Councilmember Pulliaum to give permission
for Mayor Johnson to sign an agreement with John M. Youngbeck Logistics Consultant, LLC for grant
support services pertaining to grant application for U.S.D.O.T. Build Discretionary Infrastructure
Planning Grant. Upon voice vote, the voting was unanimous.
Councilmember Taylor made a motion, seconded by Councilmember Croom to give permission for
Mayor Johnson to sign an agreement for transportation planning/engineering services with Brawley
Consulting Engineering, Inc. (MPO Agreement) Upon voice vote, the voting was unanimous.
Councilmember McClendon made a motion, seconded by Councilmember Hutchinson to approve the
hiring of two (2) interns for the Police Department. Upon voice vote, the voting was unanimous.
Councilmember Harris made a motion, seconded by Councilmember Croom to approve the Planning
Commission recommendations as presented. Upon voice vote, the voting was unanimous. (Copy
attached)
COMMITTEE REPORTS
Utility Commission- Councilmember Croom reported that the Utility Commission met on May 10, 2018.
There were no injuries or accidents in April. There were no resignations. They hired two new
employees. There are currently fifteen openings at the Utility Commission. General Manager Todd
Pedersen presented the 1St Quarter Financial Report. The Commission approved (1) the Proposed
Corrective Action Plan submitted to ADEQ, (2) approved hiring F & A to perform the WWTH Hydraulic
Capacity Assessment, (3) approved the hiring of RJN to perform a System Wide Flow Monitoring, and
(4) to partner with Rotary of West Memphis on a golf tournament.
Personnel Committee —Councilmember Hutchinson reported they are looking into the current
residency requirement the city currently has in place and also the sick leave and vacation time. There
will be a recruiting event for the Sanitation Department on June 11, 2018 from 1:30 to 3:30 at the
Arkansas Workforce Center, 2003 W. Broadway.
Advertising & Promotion Committee —Councilmember Taylor reported there are now two bike rental
stations in West Memphis, one at the Trail Head across from Pancho's and one at the base of the
bridge on the Arkansas side. There were 10 events at the Auditorium with 6,539 visitors and 4 events
at the Civic Center with 341 visitors. April collections of the 2% tax was $136,648.89 which was up 1%
from last year.
Public Works Committee— Councilmember Taylor reported Recycling for May was 13,760 lbs. with no
e-waste pickup. They approved the overlay list for 2018. (copy attached) They approved the city
absorbing all of the cost of uniforms for the Public Works employees. The Police Department is
starting another sweep on the abandoned cars. They reported now having 65% compliance.
Councilmember, Robinson gave a Keep West Memphis Beautiful report. The Clean-up Blitz will be
Saturday, June 23. The litter index was completed on May 15'h. She encouraged everyone to come
out and help and then enjoy refreshments afterwards.
City Engineer ikmanda Hicks gave a brief report on the current trash situation in West Memphis. She
said they have five trash trucks in the Sanitation Department but 2 out of 5 trucks were out of service
due to mechanical issues in late March and early April which caused them to get behind with all of the
spring cleaning and yard debris. Now they have 2 drivers with Class B CDL license out because they
were injured on the job. They are cutting back on overtime, but they have been able to return to a faster
pace. She exp ained a new 6-month pilot program they are going to try called Rubicon. It is
technology witli features that work together to improve the efficiency and effectiveness of municipal
refuse collection services, while also gathering and analyzing data to inform the public when they can
expect their tre sh to be picked up.
CITIZENS REQ. UESTS
Orlundo Hubbard — 512 S 7 1 Street. Expressed areas he felt the city needed to improve on such as
filling the empty buildings on Broadway and Missouri, updating the library, recruiting more restaurants
with a healthier alternative, summer programs for youth and incentive programs for youth to want to
stay in West Memphis.
Eric Everett— )wner of Meadowbrook shopping center located at 500 W Broadway was present to ask
the City Council to reconsider the Special Use Permit Ordinance to add storage space at their storage
facility at 500 IN. Broadway. He addressed the situation of standing water in the back of the building
and said this f as been a constant battle for them to deal with. Mr. Everett said that they have had
reoccurring is: ues with the docks flooding due to the cold weather freezing the pipes causing them to
burst. The pLimps have been stolen and also, they had power issues to the pumps. Mr. Everett said
that they intend to do better, and that he is committed to taking the necessary steps to prevent these
issues from happening again. They have installed new pumps and installed a lock on system and have
informed the managers to contact them immediately should there be any problems with the pumps. City
Attorney Stephenson advised Mr. Everett that the Ordinance was tabled indefinitely at the last City
Council Meeti ig, therefore he would have to start all over procedures with the Planning Commission.
Councilmember Robinson made a motion, seconded by Councilmember Mondy to allow Daryl Anthony
to speak. The motion carried with a unanimous vote.
Daryl Anthony — 726 Oaklawn Drive, Marion, Arkansas. Mr. Anthony said he wanted to inform the City
Council of his non-profit organization P.O.P. "Producing Outstanding People". They are campaigning
for a better Crittenden County and are creating a platform to connect and encourage dialog between
constituents, candidates, causes, organizations and programs in order for constituents to make
informed deci i-ions to promote quality in leadership and programming in Crittenden County. He invited
everyone out for their first event June 28 at the Civic Center for an informational meeting of all
candidates ru,*ining for office to inform the citizens on who they are and their agenda for the city.
ANNOUNCEMENTS
Councilmemt=er McClendon spoke about the need to get the shootings under control in West Memphis
by getting the community involved.
Councilmemt er Mondy asked for prayer for Michael Lamb an employee at West Memphis Utility who
lost his daughter in an automobile accident. He also announced there will be a Community Meeting
Saturday Jun 16 at Pilgrim Rest Church at 10:00 am.
Councilmemt,er Taylor reminded everyone that Relay for Life is this Saturday from 4 till 11 at Tilden
Rodgers Park and asked everyone to come out and support the American Cancer Society.
Councilmember Pulliaum announced that per the President of the United States a veteran may salute
the flag instead of putting their hand over their heart.
Having no further business to come before the Council, Councilmember Pulliaum made a motion,
seconded by Councilmember Taylor to adjourn. Upon voice vote, the voting was unanimous. The
meeting adjo.airned at 2:35 p.m.
PASSED anc APPROVED this 21 sc day of June 2018.
'WILLIAM H. JOH ON, MAYOR
PHILLIP PAF!` ITY CLERK Minutes prepared by: Cindy Greenwood, Sr. Deputy City Clerk
B-2018 Rehabilitation Roof Projects Bid Tabulation
Legal Address R&D Ventures L.G. Construction Carroll's Roofing Ability Roofing
409 S 12th $ 3,950.00 $ 8,623.10 $ 8,927.83 $ 3,390.00
303 S 14th $ 3,714.00 $ 8,761.42 $ 6,887.78 $ 4,520.00
518 S 14th $ 4,788.00 $ 8,862.51 $ 10,727.48 $ 5,198.00
228 S 20th $ 3,698.00 $ 8,586.70 $ 6,803.81 $ 2,938.00
2511 Autumn $ 3,850.00 $ 8,935.03 $ 10,988.89 $ 3,164.00
310 W Madison $ 3,634.00 $ 8,877.57 $ 7,055.61 $ 3,842.00
1905 Madison $ 3,330.00 $ 8,339.39 $ 7,360.39 $ 2,260.00
1116 McAuley Cove $ 4,554.00 $ 11,148.49 $ 12,449.41 $ 6,102.00
1209 Park $ 4,554.00 $ 9,060.67 $ 7,699.49 $ 5,650.00
1102 W E Catt $ 4,786.00 $ 10,846.73 $ 10,261.01 $ 7,232.00
Total $ 40,858.00 $ 92,041.61 $ 89,161.70 $ 44,296.00
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CITY OF NVEST INIEMPHIS
Wu! Memphis, Arkansas 72301
Planning and Development
Ph#(870)732-7520
PLANNING COMMISSION RECOMMENDATIONS
Wednesday, May 30, 2018
I. PUBLIC HEARINGS:
A. Planned Unit Development, 1351-1983 N. Airport Road,Application Case#
PUD-01-18—This case is being presented by Guaranty Loan&Real Estate Co.,
represented by Attorney Chadd L. Durrett,Jr., for the property located at 1351-1983
N. ,Airport Road. The property is currently zoned I-1 Limited Industrial District and
contains 609.92 acres.
Guaranty Loan&Real Estate Co. is requesting the Commission consider changing
the zoning to PUD with Industrial uses.
After review and discussion, the Planning Commission recommended to approve the
Z01 ing change from I-1 Limited Industrial District to PUD with Industrial uses for the
prcperty located at 1351-1983 N. Airport Road.
B. Zoning Ordinance Text Amendment,Application,Case#ZTA-01-18—This
case is being presented by City of West Memphis Department of Planning and
Development. This Public Hearing is being held to consider amending Zoning
Ordinance 1988, as amended, to establish a new Zoning District,I-1-M Limited
Industrial Manufacturing.
After review and discussion,the Planning Commission recommended to approve the
Zoning Text Amendment to establish a new Zoning District, I-1-M Limited Industrial
Mznufacturing District.
C. Comprehensive Plan Chahee,See Attached May,Application,Case#CP-01-
18—This case is being presented by City of West Memphis Department of Planning
and Development for the property located on the attached map. This is in conjunction
with the next Zoning Ordinance Text Amendment and Rezoning case.
After review and discussion, the Planning Commission recommended to approve the
Comprehensive Plan Change from Residential, Commercial, and Conservation to
Inde strial for the subject property.
D. 1.1ezone,See Attached May,Application Case#Z-02-18—This case is being
presented by City of West Memphis Department of Planning and Development for
the property located on the attached map. The property is currently zoned R-1 Single
Farr.ily District, C-2 Open Display Commercial District, and CV Conservation
District and contains 1,920 acres.
The Department of Planning and Development is requesting the Commission consider
changing the zoning to I-1-M Limited Industrial Manufacturing.
After review and discussion, the Planning Commission recommended to approve the
zoning change of the subject property from R-1 Single Family District, C-2 Open
Display Commercial District, and CV Conservation District to 1-1-M Limited
Industrial Manufacturing District.
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'i 9 West Memphis 2018
-
_ Overlay and Street
- Improvement
Program
2D-1
WESTMEMPHIS 2018 OVERLAY AND STREET IMPROVEMENT PROGRAM
First Priority
Street From To Length Width Lbs/S.Y. Tons
1 Dickson Walker Denton 905 25 165 207
2 Rosemary Scottwood Julia 960 26 165 229
3 Denton Service Rd Beatty 1380 26 165 329
4 East Barton 4 way Intersection at Ingram 160 40 165 59
Pine Danner Graham 833 28 165 214
Pryor Lehr Rich 1685 27 165 417
Shopppingm iy Regions Avalon 1425 30 165 392
[.Highland
Holiday (Nora h) McAuley Wilson 805 26 165 192
S Roselawn Spears 2045 26 165 487
10 jPurdue Rice Vanderbilt 1035 26 165 247
11 Autumn 26th Walker 795 27 165 197
12 N Avalon 1002 North of Balfour 2565 29 165 682
13 South 13th Jackson South to end 1705 28 165 438
14 Church Walker 36th 2435 26 165 580
Total 18,733 4,669
Second Priority
Street From To Length Width Lbs/S.Y. Tons
1 (� 0
2 0
3 0
4 0
5 0
Total 0 0
Note:
*Milling: 1.5" ± at curb line to zero inches 8' from curb line
Bidding Note: Bid quantities as in proposal are based on Priority 1 Streets. Priority 2 Streets may
be added to conti pct by change order if funds are available.
John M. Youngbeck
Logistics Consultant LLC
Contract Agreement No. 071918-WMlA for Grant Support Services
U. Department of Transportation, BUILD Discretionary Infrastructure Planning Grant
1.The Pari lies
This Agreer cent(the"Agreement")is entered into thivzDay OV464I4018, by and between John M.Youngbeck
Logistics Consultants LLC,a Florida Limited Liability Company, ("Contractor'),on the one hand and The City of West
Memphis,Arkansas,Department of Economic Development, (the"City") with offices located at 205 S. Redding,West
Memphis,Arkansas,72303. and ACBL Transportation Services LLC(ACBL),with offices located at 1701 E.Market
Street,Jeffe rsonville, IN 47130. referenced herein as"Company 1"and West Memphis Base Railroad LLC with offices at
5703 East F ine Street,Tulsa, OK 74115, referenced herein as"Company 2";companies 1 and 2 collectively referenced
herein as-T he Companies", on the other hand. For purposes of this Agreement,when reference is made to the"Parties",
it shall mean Contractor,The City and The Companies. Contractor shall enter into supplementary agreements and
subcontract.;with other entities"subcontractors'as defined in Section 5 and as necessary under the direction of the
Contractor i;:rr speck functions and services necessary for fulfillment of its services under this Agreement.
2. Backgr<and
This effort s eeks Federal funding to complete design and engineering studies on new phases of a project commenced by
the City of bvest Memphis in 2013 when it received a TIGER IV grant to build improvements to railroad, roadway and
utility infras ructure.These new phases when built,will support increased access by manifest and bulk unit train
shipments t City and privately owned facilities using the Friday Graham Railroad, Port of West Memphis and
surroundinc privately owned lands and environs. While improvements to the Friday-Graham rail line are proceeding to
conclusion .ruder the TIGER IV grant,there is a need for additional funding to support the engineering design and
construction!of a new bulk unit train"The Western Wye"industrial lead track and a manifest train competitive rail access
solution"Tt iia Southwest Connector"linking the existing Friday Graham rail line and the proposed new rail corridors north
and south c Ditch 17. These new rail elements are necessary to support future competitive rail access by Class I and
Class III rai operators serving shippers and receivers on the Friday Graham line including a new public-private Bulk
Transfer Fa,:ility
Also includr;d in the proposed scope is a ditch crossing bridge at Ditch 17 to connect the Western Wye and Southwest
Connector!.ail elements with future private industry tracks serving river terminals and new industrial development in
designated"RailPort megasite"properties proposed for future development by the City of West Memphis.The Western
Wye and D Itch 17 bridge are infrastructure elements necessary to provide rail service to privately developed and
financed ra I industry trackage and developing multimodal rail to barge and truck to barge inland terminals that will be
used for tra isfer of bulk commodities and intermodal containers
Additionally, the City is working with The State of Arkansas and adjacent jurisdictions to certify and develop lands it owns
as a prospe(.five second megasite defined as the"automotive megasite"for industrial site development as an automobile
manufactur rig and distribution location. This contract scope includes the performance of a market study and feasibility
analysis to ;upport the infrastructure design of these two new megasite industrial areas.
3.Scope of Agreement
The City,as Federally-eligible Applicant,under direction of Contractor,will apply for a U.S.Department of Transportation Better
Utilizing lnve!;tments to Leverage Development(BUILD)Transportation Discretionary grant. Under BUILD program,the City will
apply for a"F fanning"grant,which provides for engineering design,environmental compliance and class of action assessment
and feasibility study components. While this effort is not a capital construction grant application,the outcomes from the planning
grant would c irectly support project final design and construction. Thus if the planning grant is approved,federal funding to
design the nE w Western Wye lead track,Southwest Connector manifest track and Ditch 17 bridge crossing,as well as perform a
National Env.ronmental Policy Act class of action environmental survey and market feasibility study will be provided on a
maximum of .10%Federal,minimum 20%local share,the local share.
The Feasibili y Study's primary scope will be to evaluate the economic issues and infrastructure requirements surrounding the
development of a Container on Barge and Bulk Distribution Complex(ACBL property south and east of Fletcher Lake).and the
two identified West Memphis megasite properties,one located primarily South of Ditch 17,("The West Memphis RailPort
megasite"),and the second located in the Northwest part of the City of West Memphis and Marion,bounded by Interstate 40,
("The Center for Automotive Logistics and Mobility Technologies megasite")and any relevant infrastructure and service
connections ,etween the two.The RailPort megasite evaluation will address the design-build of a private rail marshalling yard
and rail indu.,trial leads serving all megasite areas South of Ditch 17.Factors to be evaluated include competitive analysis and
strategic alliances;tenant design-build and service requirements;supply chain modeling;workforce requirements;risk
assessment;engineering design requirements and estimated construction costs for road,rail and utility access;financing options;
environment:d permitting requirements including National Environmental Policy Act(NEPA)and US Army Corps of Engineers;
and right of way requirements,including availability and cost of land for megasite industrial development and infrastructure
access and construction. A conceptual map rendering of the relative location of the RailPort megasite and Container on Barge
Terminal I=itions and the industrial rail lead connectors is contained in Attachment 2 to this Agreement.
As detailed c n Attachments No 1 to this Agreement,if the planning grant is awarded by the US DOT,The City and The
Companies, rill cost share in equal amounts,the local/private match funding requirement.The matching funds requirement shall
be as outline 1 in the BUILD Notice of Funding Availability as published in The Federal Register.
4. Contractor's Services.Contractor shall be available and shall provide to the City and to the Companies, services as
defined in Paragraphs A and B:
A Project Definition
Contractor;hall direct efforts to perform services as outlined in Attachment 1 to this agreement to support the preparation
and filing of U.S.DOT BUILD Planning Grant Application in the amount of$957,500. The scope and cost of the work to
prepare and file the BUILD Planning grant application is as outlined in Attachment 1 to this Agreement.
It is recogni.ped that the planning grant engineering,environmental and feasibility study components comprising the grant
application amount of$957,500 are estimated amounts based upon discussions and detailed supporting documentation
supplied by qualified kubcontractors. Actual costs for the services to be performed for the grant project engineering,
environmental and feasibility study services outlined shall be based upon formal solicitations and procurements of same
by the The Gity and The Companies.should the planning grant be awarded.During the course of such processes,it is
customary f:ar independent engineering contractors and consultants to provide to the City,formal proposals outlining in
detail their;cope of services, terms and conditions and fees to perform services under the proposed grant should the
grant be aw 3rded. Each contractors'services are subject to formal review and approval processes as outlined by The
City of Wes Memphis. The Companies shall assist in the formulation of any Request for Proposal that may be required
or requester l by The City under this Agreement. It should also be recognized that costs incurred over and above the
amounts as arded under the Grant will be bome solely by the City and/or The Companies as mutually agreed to by them.
B. Scope of Services
Project Lea,t/Grant Lead Preparers Contractor shall serve as the Lead Preparer for drafting and assembly of all subcomponents
necessary ai A required for a formal Application filing on behalf of The City and The Companies with Grants.gov for a US DOT
BUILD Plam ting Grant.Scope shall include interim progress reviews in preparation for formal filing with Grants.gov by 19 July
2018.Conti tctor shall endeavor to structure the Application in line with the Primary Selection Criteria and Project Readiness
Criteria as Ii.0ed in the Notice of Funding Availability as published in The Federal Register. Contractor shall procure additional
support sery res under subcontract to Contractor,as necessary for the execution of this Scope as follows:
-N EPA Project Preliminary Study and Class of Action review. All Federal infrastructure grant projects must
st iccessfully provide evidence of process to fulfill the DOT's and the EPA's NEPA standards so that the Project
n lay proceed_ As such a definition of the process,schedule and cost for NEPA class of action field surveys
ar td reviews must be made part of the formal BUILD application. This preliminary information
w 1l provide assurance to DOT that the Applicant and the Companies can comply with NEPA
standards to support the construction phase of the proposed projects which is the ultimate aim and objective of
the BUILD grant program. At a minimum the application must provide a pathway for completion of a NEPA Gass of
act ion determination by the DOT before the end of the defined grant obligation period as defined
in the grant Notice of Funding Opportunity.
-Prc ject Benefit Cost Analysis—A Benefit Cost Analysis("BCA")must be performed as part of a US DOT BUILD
6ra,it application. The BCA review of the proposed infrastructure investments
shz 11 include estimates of the independent utility benefits of enhanced rail manifest and bulk unit train
cap icity and services.Additionally,an economic impact study shall be performed to estimate
cap tal,operations and maintenance expenditures,and the broader economic impacts of the Project in
sup port of the BUILD application. An Economic Impact Analysis that assesses the Project
impacts to the national economy in terms of jobs,output,value added,and wages will also be performed
as )art of the BCA,to assess regional economic impacts of the construction,operations,maintenance,and
on:,ping impacts to businesses. A business case development aspect is also required to supportthe BCA.
Proj,:ct Pre-Engineering. The DOT's standard for Project Readiness for BUILD grants
invo ves an in depth review of the Project Scope,Design-Build Schedule and Budget.These pre-engineering
elerT ents,which address the"test"for project'Technical Feasibility",will be generated by this subcontracted
com)onent and included as attachments to the BUILD grant submission.
C. Contractc r Warranty
Contractor N arrants that the services provided in accordance with this Agreement will be performed to the best of
Contractor's, and its employees',agents',and contractors'ability and in a professional manner in accordance with all
applicable la nrs,and that all documentation produced by Contractor will conform to any relevant specifications. Contractor's
obligation ur der this warranty is to re-perform the services and correct and adjust any portion of any documentation which
do not comply with this warranty. This warranty is in addition to all other warranties expressed or implied.
5.Consideration,Fee Schedule and Period of Performance
In considers ition for the Services to be performed by Contractor under this Agreement,the City and the
Companies nsill pay a total fee of not to exceed$37,500(thirty seven thousand five hundred U.S.dollars)to be
shared eque Ily by The City,Company 1 and Company 2,which covers all expenditures for the services listed in
Section 4 to this Agreement. Contractor shall enlist other entities and subject matter experts and execute
subcontracts:with same,for certain phases of the contracted services,specifically as listed below:
- NEPA Environmental Review process,AECOM, Inc.,Nashville,TN(no charge)
- Benefit Cost Analysis,Advanced Economic Development,Little Rock,AR($15,000)
- Project Preliminary Engineering and application Attachments, CRS Inc.,Salt Lake City, UT
($'i„000.00—not to exceed)
- Le:rd Preparer(Contractor—John Youngbeck), Santa Rosa Beach, FL($7,500)
- Business Case Analysis to Support Benefit Cost Analysis(Youngbeck and Advanced)$10,000
The City or The Companies shall have the right to review all subcontract agreements with named providers..
Contractor E hall invoice the City and The Companies for all subcontracted services performed and remit
payment to:>ame from Contractor's accounts on the following schedule:Such fee when paid in full shall be the
total compensation for services defined and rendered under this Agreement:
- W th contact signing: 50%of total payment due
- UK on filing of grant application: balance of 50%of payment due
The Schedule or Period of Performance shall commence with contract signing and conclude on the deadline for
formal Gran.Application filing with Grants.gov.or July 19,2018 whichever is sooner.
6.Indepenc lent Contractor. Nothing herein shall be construed to create an employer-employee relationship between
the Compar ies and the Contractor,or Contractor's subcontractors.Contractor is an independent contractor and not an
employee o the City or the Companies or any of its subsidiaries or affiliates.The consideration set forth in Section 4 shall
be the sole .onsideration due Contractor for the services rendered hereunder. It is understood that the City and the
Companies v rill not withhold any amounts for payment of taxes from the compensation of Contractor hereunder.
Contractor w II not represent to be or hold himself out as an employee of the City or the Companies.
7.Confident iality. In the course of performing services listed in this Agreement,the Parties recognize that Contractor or
Contractor's subcontractors may come in contact with or become familiar with information that the parties and or any
subsidiaries it affiliates may consider confidential.This information may include, but is not limited to,information
pertaining to contracts,services, commodity types and traffic volumes,or confidential Project details,which information
may be sens,tive or of value to a competing entity. Contractor and Contractor's subcontractors,agree that they will treat
all confidenti al information with the same degree of care as the Contractor affords its own confidential information, but in
any event nct less than reasonable care. Contractor agrees that it shall disclose confidential information only to those of
its contractor s,employees or agents who need to know such information,and Contractor certifies that such contractors,
employees c agents have previously agreed,either as a condition in their contract,or their employment or in order to
obtain the Confidential Information,to be bound by terms and conditions applicable to Contractor under this Agreement.
Contractor scall immediately give notice to the City or the Companies of any unauthorized use or disclosure of
confidential i iformation.Upon termination of this Agreement,Contractor shall have no further right to use of any
confidential i iformation provided the City or the Companies. .The City and the Companies understand that confidential
information:hared under this Agreement shall be subject to Freedom of Information Act(FOIA)requests and be subject
to release or recognition under terms and conditions of The National Environmental Policy Act(NEPA),and other
releases tha may apply under law as affects The City of West Memphis,The State of Arkansas or The U.S.Department
of Transportation and U.S.Federal Railroad Administration.
8. Indemnification. Contractor agrees to indemnify and hold harmless the City and the Companies(including its
officers,dire;tors,employees and agents)from and against any and all losses,damages, liabilities,and expenses
(including re asonable legal fees and reasonable costs of investigation)resulting from or arising out of(a)failure of
Contractor t<-comply in material respects with federal,state,and local laws and regulations applicable to the services
undertaken I ry Contractor hereunder;(b)breach by Contractor of warranties or other provisions hereunder;or(c)any
injury or death of any person(including employees and agents of Contractor,the City and the Companies,or damage or
loss or destr fiction of any property(including property of Contractor,the City and the Companies and their respective
employees,:agents and subcontractors)resulting from or arising out of fault of Contractor in performing the services
hereunder.
9. Intellech gal Property. Contractor and The City and the Companies agree that all designs,files,patents and
intellectual F roperty developed under this Agreement shall remain the exclusive property of the City of West Memphis,
Arkansas.T ie Companies shall be provided access to work product and results generated as the result of this
Agreement. An appropriate legal instrument or Letter of Agreement between the Companies and The City of West
Memphis sh all be executed prior to the expiration of the Period of Performance,covering same.
10.Ter n/E)i tension.This Agreement shall commence on nd shall terminate on
extended by mutual agreement of The Parties.The City and/, the m�ma ,at their option,a ct t e and the
Y P xp
scope of thiF Agreement for additional work by Contractor for additional time periods as determined by the Parties,on the
same terms ar different terms and conditions as set forth herein.
11. Records and Audit. Contractor agrees to retain all pertinent records for labor,materials,equipment and as
otherwise relates to any matter governed by this Agreement for a period of not less than twenty-four(24)months
following the completion of the services contemplated herein,and representatives of the City and/or the Companies shall
have access at all reasonable times to said records maintained by Contractor relating to any services performed or
required to t r:performed,as well as amounts invoiced by Contractor,or its subcontractor and/or paid as defined herein.
The City an( the Companies shall have the right to audit said records at any reasonable time or times for compliance with
the terms of this Agreement.
12.Notice. Any notice or communication permitted or required by this Agreement shall be deemed effective when
personally d alivered or deposited,postage prepaid,by U.S.first class mail,properly addressed as forth below:
1. Notices to Contractor.P.O.Box 611526, Rosemary Beach, FL 32461
2. Notices to the City: Phillip Sorrell, City of West Memphis Economic Development,205 South
Redding St,West Memphis AR 72303
3. Notices to Company 1: ACBL Transportation Services LLC, 1701 E.Market St.,Jeffersonville, IN
47130,Attn: Legal Department
4. Notices to Company 2: West Memphis Base Railroad LLC,5307 East Pine St.,Tulsa,OK 74115
13. Miscellaneous.
12 1 Enure Agreement and Amendments. This Agreement constitutes the entire agreement of the
Ps rties with regard to the subject matter hereof, and replaces and supersedes all other agreements or
un:ierstandings.whether written or oral. No amendment or extension of the Agreement shall be
bir ding unless in writing and signed by all Parties.
12 2 Binding Effect.Assignment. This Agreement shall be binding upon and shall inure to the benefit
of contractor,The Companies and The City of West Memphis and to the Contactors,Companys'and
Ci•y's successors and assigns Nothing in this Agreement shall be construed to permit the assignment
by Contractor of any of its rights or obligations hereunder,and such assignment is expressly
prohibited without the prior written consent of the Companies and The City of West Memphis,
Ar<ansas.
12 3 Governing Law, Severability. This Agreement shall be governed by the laws of the State of
Ar wsas.The invalidity or unenforceability of any provision of the Agreement shall not affect the
va idity or enforceability of any other provision.
WHEREFORE,the Parties have executed this Agreement as of the date first written above.
The City of!Nest Memphis.
By: /" Date is t �'
ACK T ran:portation Services, LLC
By:
Date
West Memphis Base Railroad LLC
By
Date
J. Scott Dickman, Manager
John M.Youngbeck Logistics Consultants LLC
I*6-"y—ff
By. ¢ Date:
t
13. Miscellaneous.
92 1 Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the
Parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or
understandings,whether written or oral. No amendment or extension of the Agreement shall be
binding unless in writing and signed by all Parties.
12.2 Binding Effect,Assignment. This Agreement shall be binding upon and shall inure to the benefit
of Contractor,The Companies and The City of West Memphis and to the Contactors,Companys'and
City's successors and assigns.Nothing in this Agreement shall be construed to permit the assignment
by Contractor of any of its rights or obligations hereunder,and such assignment is expressly
prohibited without the prior written corisent of the Companies and The City of West Memphis,
Arkansas.
12.3 Governing Law, Severability. This Agreement shall be governed by the laws of the State of
Arkansas.The invalidity or unenforceability of any provision of the Agreement shall not affect the
validity or enforceability of any other provision.
WHEREFORE,the Parties have executed this Agreement as of the date first written above.
The City of West Memphis.
By: Date:
ACBL Tr msportation Services,LLC
By.
Date:
West Memphis Base Railroad LLC
By
l -� Date: _
J.Scott Dickman,Manager
John M. v'oungbeck Logistics Consultants LLC
By: Date Z 2'Gj s
e
13. Miscellaneous.
12 1 Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the
Parties with regard to the subject matter hereof.and replaces and supersedes all other agreements or
un ierstandings,whether written or oral.No amendment or extension of the Agreement shall be
bir ding unless in writing and signed by all Parties.
122 Binding Effect,Assignment. This Agreement shall be binding upon and shall inure to the benefit
of t;ontractor.The Companies and The City of West Memphis and to the Contactors.Companys'and
Cit:'s successors and assigns.Nothing in this Agreement shall be construed to permit the assignment
by ;:ontractor of any of ds rights or obligations hereunder.and such assignment is expressly
prohibited without the prior written consent of the Companies and The City of West Memphis.
Arkansas.
12 ?Governing Law. Severabilfty. This Agreement shall be governed by the laws of the State of
Arkansas.The invalidity or unenforceability of any provision of the Agreement shall not affect the
validity,or enforceability of any other provision.
WHEREFORE,the Parties have executed this Agreement as of the date first written above.
The City of"est Memphis
By. Date.
ACBL Transpartabon Services.LLG
By: �-
Date C- /--7
L c.c i
West Memphi-:Base Railroad LLC
By
Date:
J.Scott Dickman.Manager
John M.Youncbeck Logistics Consultants LLC
By: Date: n �!
9