HomeMy WebLinkAbout43-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 43-21
File Number: 2021-0018
TITAN RBR PROPERTIES, LLC:
A RESOLUTION TO APPROVE AN ENCROACHMENT PERMIT AGREEMENT WITH
ARKANSAS & MISSOURI RAILROAD CO. AND A CONTRACT WITH TITAN RBR
PROPERTIES, LLC FOR UTILITY RELOCATIONS ASSOCIATED WITH A MULTI -FAMILY
DEVELOPMENT ON RAZORBACK ROAD
WHEREAS, a multi -family development is proposed at the southeast corner of Razorback Road and
15th Street; and
WHEREAS, the City has several utility lines in the Railroad Right -of -Way and the proposed
development requires a few minor alignment changes to these utilities; and
WHEREAS, the Arkansas & Missouri Railroad Company requires that the City sign an
Encroachment Permit Agreement in order to complete the utility relocations; and
WHEREAS, City staff also recommend the approval of a utility relocation agreement with the
developer, Titan RBR Properties, LLC, which requires the developer to pay the railroad permit costs
and indemnify the City against any potential claims related to the utility relocations within the railroad
right of way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an encroachment permit agreement with Arkansas & Missouri Railroad Co. and a utility
Page 1 Printed on 2/3121
Resolution: 43-21
File Number: 2021-0018
relocation agreement with Titan RBR Properties, LLC for utility relocations associated with a
multi -family development at the southeast corner of 15th Street and Razorback Road.
PASSED and APPROVED on 2/2/2021
Attest:
Kara Paxton, City Clerk Treasures
9
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Page 2 Printed on 213121
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
_ (479) 575-8323
-- Text File
File Number: 2021-0018
Agenda Date: 2/2/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.6
TITAN RBR PROPERTIES, LLC:
A RESOLUTION TO APPROVE AN ENCROACHMENT PERMIT AGREEMENT WITH ARKANSAS
& MISSOURI RAILROAD CO. AND A CONTRACT WITH TITAN RBR PROPERTIES, LLC FOR
UTILITY RELOCATIONS ASSOCIATED WITH A MULTI -FAMILY DEVELOPMENT ON
RAZORBACK ROAD
WHEREAS, a multi -family development is proposed at the southeast corner of Razorback Road and 15th
Street; and
WHEREAS, the City has several utility lines in the Railroad Right -of -Way and the proposed development
requires a few minor alignment changes to these utilities; and
WHEREAS, the Arkansas & Missouri Railroad Company requires that the City sign an Encroachment Permit
Agreement in order to complete the utility relocations; and
WHEREAS, City staff also recommend the approval of a utility relocation agreement with the developer, Titan
RBR Properties, LLC, which requires the developer to pay the railroad permit costs and indemnify the City
against any potential claims related to the utility relocations within the railroad right of way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
an encroachment permit agreement with Arkansas & Missouri Railroad Co. and a utility relocation agreement
with Titan RBR Properties, LLC for utility relocations associated with a multi -family development at the
southeast corner of 15th Street and Razorback Road.
City of Fayetteville, Arkansas Page 1 Printed on 21312021
City of Fayetteville Staff Review Form
2021-0018
Legistar File ID
2/2/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 1/8/2021 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of and the Mayor's signature on the attached Underground Line Permit Application to
the Arkansas & Missouri Railroad Co. and the Agreement with Titan RBR Properties, LLC related to utility
installation for the Razorback Road multifamily development project.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Project Title
Budgeted Item? NA
Does item have a cost?
Budget Adjustment Attached?
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
NA Item Cost
NA Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF FEBRUARY 2, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Corey Granderson, Utilities Engineer
DATE: January 8, 2021
CITY COUNCIL MEMO
SUBJECT: Utility Permit Application with Arkansas & Missouri Railroad Company and
Agreement with Titan RBR Properties, LLC
RECOMMENDATION:
Staff recommends approval of and the Mayor's signature on the attached Underground Line
Permit Application to the Arkansas & Missouri Railroad Co. and the Agreement with Titan RBR
Properties, LLC related to utility installation for the Razorback Road multifamily development
project.
BACKGROUND:
The Razorback Road Multifamily Large -Scale Development is proposed at the southeast corner
of Razorback Road and 15th Street in a long, narrow parcel of land between Razorback Road
and the Railroad Right of Way. The City has several water and sewer utilities already present in
the Railroad Right of Way along this corridor and the proposed development is making a few
minor alignment changes to these utilities.
DISCUSSION:
In order to perform this work, the Railroad requires that the City sign their Underground Line
Permit Application since we are the owner of the utility. This agreement contains indemnification
language which must be approved through the City Council by policy. Furthermore, the
additional agreement between the City and Titan RBR Properties transfers liability to the
developer during the construction phase of the project. The City Attorney's office has reviewed
these documents prior to this request.
BUDGET/STAFF IMPACT:
No budget impact. The permit fees on the permit application will be paid by the developer.
Attachments:
Agreement between City and Titan RBR Properties, LLC
Underground Line Permit Application
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CONTRACTUAL AGREEMENT FOR UTILITY RELOCATIONS
This Agreement, made and entered into on this Y- day of 020, by
and between the City of Fayetteville, Arkansas ("City") and TITAN RBR PROPERTIES, LLC
("Developer"), witnesseth:
WHEREAS, Developer has proposed a new multifamily development at the southeast
comer of Razorback Road and 15'' Street which requires the relocation of City utility easements
and construction or relocation of water and sewer lines (the "Project"); and
WHEREAS, Arkansas & Missouri Railroad Co. has agreed to grant the City a permit for
the Project within the adjacent railroad right of way which is the only feasible location for those
utility lines.
NOW, THEREFORE, the City of Fayetteville, Arkansas and Developer agree as follows:
1. Developer agrees to:
A. Provide the necessary and normal project management, inspection, and testing
as necessary for the complete and acceptable construction of the water and
sewer mains required for this Project, in the locations specified by the City of
Fayetteville Engineering Division.
B. Pay all permitting, maintenance, and other fees required by Arkansas &
Missouri Railroad Co. pursuant to the permit authorizing this Project.
C. Complete the Project in a timely manner.
D. Pay all costs associated with construction of the Project.
2. The City of Fayetteville, Arkansas agrees to:
A. Accept maintenance responsibility of the public portions of the Project after
approval and acceptance by the Engineering Division and permit -closure by the
Arkansas & Missouri Railroad Co.
3. It is further understood that the contract for construction of the Project is between
Developer and its Contractor and that the City has no contractual obligation with
either the Contractor or any agent for Developer. The City's only obligation shall be
to maintain the Project upon acceptance by the City.
4. Developer hereby releases and discharges City of and from any and all liability for
damage to or destruction of the utilities, and any other property of Permittee located
on or near the Project area; and shall and hereby assumes any and all liability for
Page l of 2
injury to or death of any and all persons whomsoever, including officers, employees
and agents of the parties hereto, or loss of or damage to property of whomsoever,
including officers, employees and agents of the parties hereto, or loss of or damage to
property to whomsoever belonging, including property owned by, and leased to or in
the care, custody and control of the parties hereto, in any manner arising from or
during the construction or maintenance of the Project.
5. Developer agrees to indemnify and save harmless City of and from any and all
claims, demands, suits, actions, damages, recoveries, judgements, costs or expenses
arising or growing out of or in connection with any such injury, death, loss, damage
or destruction related to the Project. Developer further agrees to appear and defend in
the name of the City, and to pay and satisfy any final judgement that may be rendered
against the City in any such suit or action related to the Project.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
TITAN RBR PROPERTIES, LLC
CITY OF FAYETTEVILLE,
ARKANSAS i
By: B
N Title LI NEL O AN, Mayor
WITNESS:
ATTEST:
GOER
��`��y•'• UTy'•�Fy�'�
By: v; �.�'• s ;
•G�
KARA PAXTON, City Clerk FgYe777�V�<<f
=z• y
rVSAs .•' •
Page 2 of 2
AV
ENCROACHMENT PERMIT #12162020
THIS AGREEMENT, made this 16th day of December 2020, between ARKANSAS & MISSOURI RAILROAD
CO, A VIRGINA CORPORATION, hereinafter called "Railroad," address is 306 EAST EMMA, SPRINGDALE
AR 72764 and CITY OF FAYETTEVILLE whose address is 113 W. MOUNTAIN STREET FAYETTEVILLEAR
72701 hereinafter called "Permittee."
W ITN ESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by permittee and of the
covenants and promises hereinafter made to be observed and performed by Permittee, does hereby
grant to Permittee license and permission to excavate for, construct, maintain and operate
An underground sewer and water line that runs parallel to AMRR ROW at approximately MP
354.35
Hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath
the surface thereof, and under the tracks of its railroad, as the case may be, at or near FAYETTEVILLE, in
the County of WASHINGTON, State of ARKANSAS:
As shown on the exhibit 1 through 2 dated by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay to the Railroad a one-time Encroachment administrative fee of $850.00
2. Permittee will pay a one-time Encroachment fee of $3,500.00
3. Total payment due at this time is $4,350.00
4. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct,
maintain and repair the heretofore approved by the Railroad's Chief Engineer or delegate.
5. Said water lines and piping shall follow the required guidelines according to the Arkansas &
Missouri Utility Accommodation Policy
6. Said waterlines and piping shall be constructed and maintained in accordance with the
AMRR's requirements, City of Fayetteville requirements, and any statue, order, rule or
regulation of any public authority have jurisdiction.
*Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition
subject to the approval of the Chief Engineer of the Railroad upon which the facility is located. Said
Chief Engineer shall have the right at any time when in his judgement it becomes necessary or
advisable, to require any material used in the work to be replaced with like material or with material
of a more permanent character; also to require additional work or change of location of said facility
as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade
thereof, construction of a building, or for any other reason whether or not connected with the
operation, maintenance, or improvement of railway of Railroad, all of which shall be done at the
expense of Permittee in the manner herein provided.
Permittee shall give to the said Chief Engineer at least ten (10) days' advance notice of any
work to be done by Permittee in the excavation, construction, any reconstruction,
maintenance, repair, change of location or removal of the facility, and shall conduct such
work in such manner as not to interfere with the maintenance and operation of the railway
of Railroad.
AV
In the event that Railroad, at the request of Permittee or any agent or contractor of
Permittee, or for the protection of its property and operations, does any work, furnishes any
material or flagging service, or incurs any expense whatsoever on account of the excavation
for, construction, any reconstruction, maintenance, repair, change of location, removal of
the facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within
twenty (20) days after bills are rendered therefor. If the excavation for construction, any
reconstruction, maintenance, repair, change of location, or removal of the facility, requires
any or all of the following work: removal and replacement of track, bridging, protection of
track or other railway facilities by work or flagging, engineering and/or supervision, such
work is to be performed by Railroad employees and the cost borne by Permittee.
9. In the event the said water lines and piping installed, in the opinion of Railroad, in any way
interferes with any train signals, telephone or telegraph lines, or other facilities of Railroad,
Permittee upon being informed by Railroad of such interference shall forthwith discontinue
operation of and remove said grounding system, or take such steps as may be necessary to
avoid and eliminate all such interference. Permittee further agrees to indemnify and save
harmless Railroad from and against any damages, claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals, telephone or telegraph
lines of Railroad by the operation, use or existence of any such grounding system.
10. Permittee shall and hereby releases and discharges Railroad of and from any and all liability
for damage to or destruction of the said facility, and any other property of Permittee
located on or near Railroad's premises; and shall and hereby assumes any and all liability
for injury to or death of any and all persons whomsoever, including officers, employees
and agents of the parties hereto, or loss of or damage to property to whomsoever, including
officers, employees and agents of the parties hereto, or loss of or damage to property to
whomsoever belonging, including property owned by, and leased to or in the care, custody
and control of the parties hereto, in any manner arising from or during the construction, any
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless
Railroad of and from any and all claims, demands, suits, actions, damages, recoveries,
judgements, costs or expenses arising or growing out of or in connection with any such
injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear
and defend in the name of property, and to pay and satisfy any final judgement that may be
rendered against the railroad in any such suit or action. The liability assumed by Permittee
herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents,
servants or employees, or be contributed to by such negligence.
11. Permittee shall not transfer or assign this permit without the written consent of Railroad.
12. Any work, men or equipment within 25' feet, of the tracks, refer to the Agreement for
Flagging Services document.
13. Nothing herein shall imply or import a covenant on the part of Railroad for quiet enjoyment.
14. Upon any failure of Permittee punctually and strictly to observe and perform the covenants
and promises, herein by Permittee to be kept and performed, Railroad may terminate this
agreement on ten (10) day notice to Permittee, remove the facility, and restore the right of
way to its previous condition at the cost and expense of Permittee.
AV
15. It is expressly understood and agreed that Railroad may at any time cancel and terminate
this license and permission by giving to Permittee thirty (30) days' notice in writing of its
intention to cancel the same and at the expiration thereof, Permittee, under the supervision
and direction of the said President of Railroad. If Permittee shall fail to remove the same
and restore the said right of way to its previous condition, and Permittee shall pay the cost
and expense thereof to Railroad.
16. The license and permission herein granted is subject to permits, leases and licenses, if any,
heretofore granted by Railroad affecting the premises upon which said facility is located.
17. Subject to the foregoing provisions, this agreement and all the covenants and promises
thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective
executors, administrators, successors and assigns.
AM
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first
above written.
NON -TRANSFERABLE
In presence of:
CITY OF 0AtY£TT£VILL£
pany R
2 - �-
Date:
ARKANSAS & MISSOURI RAILROAD
Company Representative
Date:
PARALLEL UTILITY LINE PER -MIT # i9f2S-2p,7/
THIS AGREEMENT, made this 25-014day of /�%tr( _, 20 2 / ,between
ARKANSAS & MISSOURI RAILROAD CO., A VIRGINIA CORPORATION, hereinafter
called "Railroad," address is 306 EAST EMMA, SPRINGDALE// AR. 72764 an
��� olC�y►r v��� whose address 113 P. /%%.r.�. �n St j �►r ��� 71201
hereinafter called "Permittee." rHis JWREF-MEYT AMENDS E.YCROACHNIEVT PERNHT #12162020
WITNESSETH:
Railroad, for and in consideration of the fee(s) herein provided to be paid to it by Permittee and
of the covenants and promises hereinafter made to be observed and performed by Permittee,
does hereby grant to Permittee license and permission to install, excavate for, constru t, maintain
and operate the following. �s �� cs /e "A--r /, n e. /, s irw o.0 ��✓i/� ".,/1 ,Nth
hereinafter referenced to as the "Facility," along the right of way
of Railroad and parallel to the existing track(s) on said right of way, underneath or above the
surface the of as permittedby/ this Permit, and at or near /V-grii/, y , in the County
of "sA ,State of /S/nrCwws�S .to be located as follows, to -wit:
As shown on the plat and plan(s) hereto attached, marked Exhibit "A", dated by this reference
thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as
follows:
Permittee will pay in advance to Railroad for this permit the sum of $ 645 0 - v o
ADMINISTRATIVE FEE, $ 3,Y 00- 0 (c) PERMIT FEE for a total of
$ L/ 3 Sc • 0 0 . This Permit Fee shall be a (check box)
[9 one time fee 0 annual fee. Also, Permittee shall also pay all taxes and assessments that
may be levied or assessed against said Facility. Unless the permit fee is designated as a
one time fee herein, this Permit shall be renewed annually on or before the anniversary
date of the above date by the payment of the above Permit Fee; provided, however,
Railroad reserves the right to change the Permit Fee at any time while this Permit
remains in effect upon thirty (30) days' written notice. This provision for payment shall
in no way restrict Railroad's right of termination under any provisions hereof.
Annual fees shall increase 3% or by the Consumer Price Index, whichever is greater,
annually. The Consumer Price Index ("Index") shall be for the area in which Springdale,
Arkansas is located for all items issued by the Bureau of Labor Statistics for the United
States Departmcnt of Labor. If publication of the Index has discontinued, the parties
shall thereafter accept comparable statistics on the cost of living for the area in which
Springdale. Arkansas is located, as they may be computed and published by any other
agency of the United States.
2. Permittee, at Pennittee's sole cost and expense, shall install, excavate for, construct,
reconstruct, maintain and repair the heretofore described Facility in accordance with and
at the location identified on Exhibit A and no closer to the tracks on the right of way than
as approved herein: in accordance with the guidelines of the Arkansas and Missouri
Utility Accommodation Policy, which is incorporated herein by reference; and in
accordance with any applicable statutes, orders, rules and regulations of any authority
with jurisdiction over such installation.
Permittee shall fill in the excavation and restore the surface of the ground to its previous
condition subject to the approval of the Chief Engineer of Railroad upon which the
Facility is located. Said Chief Engineer shall have the right at any time when in his
judgment, it becomes necessary or advisable to require any material used in the work to
be replaced with like material or with material of a more permanent character and to
require additional work or change of location of said Facility as a matter of safety, or of
appearance, or on account of additional tracks being laid, change of grade thereof,
construction of a building, or for any other reason whether or not connected with the
operation, maintenance, or improvement of railway of Railroad, all of which shall be
done at the expense of Permittee in the manner herein provided.
Pemiittee shall give to the Chief Engineer at least ten (10) days advance notice of the
initial work to be done by Permittee in the excavation and construction pursuant to this
Permit and shall conduct such work in such manner as not to interfere with the
maintenance and operation of the Railroad. Permittee must have a copy of this permit on
the job site when working. Permittee (or its contractor) must also notify the Railroad's
main dispatch 802-774-5013 every morning before work begins and advise the Railroad
when installation is completed. If these requirements are not met Railroad can pull the
Pennittee's permit and or assess an additional charge for noncompliance with these
stipulations. For a flagman, Permittee shall contact Chief Engineer. As to any
reconstruction, maintenance, repair, change of location or removal of the Facility after
the initial installation, Permittee shall not perform such without prior written permission
from Chief Engineer, and such work may require Permittee to submit a new application
for underground permit.
4. In the event that Railroad, at the request of Permittee or any agent or contractor of
Permittee, or if Railroad deems it necessary for the protection of its property and
operations, does any work, furnishes any material or flagging service, or incurs any
expense whatsoever on account of the excavation for, construction, any reconstruction,
maintenance, repair, change of location, removal of the Facility or otherwise, Permittee
shall reimburse Railroad for the cost thereof within twenty (20) days after bills are
rendered therefor. If the excavation, installation, any reconstruction, maintenance, repair,
change of location, or removal of the Facility, requires any or all of the following work:
removal and replacement of track, bridging, protection of track or other railway facilities
by work or flagging, engineering and/or supervision, then such work is to be performed
by Railroad employees and the cost borne by Permittee. If there shall be any work, men
or equipment requires flagging services, then the provisions of the Flagging Services
Policy, attached hereto as Exhibit B, shall apply and such Policy is hereby incorporated
herein by reference.
In the event any cathodic electrolysis or other electrical grounding system is installed in
connection with the Facility which, in the opinion of Railroad, in any way interferes with
any train signals, telephone or telegraph lines, any other utility or lines, or other facilities
of Railroad (collectively "Lines"), Permittee upon being informed by Railroad of such
interference shall forthwith discontinue operation of and remove said grounding system
or take such steps as may be necessary to avoid and eliminate all such interference.
Pennittee and its contractor, if any, further agrees to indemnify and save harmless
Railroad from and against any damages, claims, losses, suits or expenses in any manner
arising from or growing out of interference with the Lines by the operation, use or
existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all
liability for damage to or destruction of the said Facility and any other property of
Permittee located on or near Railroad's premises. Permittee agrees that, if it does not
perform the work contemplated by this Permit itself, then it shall cause the installation of
the Facility to be performed by a licensed contractor, and Railroad reserves the right to
approve such contractor. Permittee and its licensed contractor, if any, assume any and all
liability for injury to or death of any and all persons whomsoever, including officers,
employees and agents of the parties hereto, or loss of or damage to property to
whomsoever belonging, including property owned by, and leased to or in the care,
custody and control of the parties hereto, in any manner arising from or during the
construction, however, such injury or damage may occur or be caused; and does agree
and shall cause its licensed contractor to agree to indemnify and save harmless Railroad
of and from any and all claims, demands, suits, actions, damages, recoveries, judgments,
costs or expenses arising or growing out of or in connection with any such injury, death,
loss, damage or destruction aforesaid. Permittee agrees to appear and to cause its licensed
contractor, if any, to appear and defend in the name of Railroad, and to pay and satisfy
any final judgment that may be rendered against the railroad in any such suit or action.
The liability assumed by the Permittee and the licensed contractor, if any, herein shall not
be affected or diminished by the fact, if it be a fact, that any such suit or action brought
against Railroad may arise out of negligence of Railroad, its officers, agents, servants or
employees, or be contributed to by such negligence. Permittee or licensed contractor, if
applicable, shall provide Railroad with a railroad protective liability policy naming
Railroad as an insured and providing in addition to all other coverages, coverage for
damage to structures and buildings. Such policy shall be subject to the approval of
Railroad and shall be in the amount of $ v - 1 o coverage and shall contain a
provision requiring that Railroad be notified at least thirty (30) days in advance in case of
cancellation. In addition, Permittee or licensed contractor, if applicable, shall provide
evidence of such other insurance policies as Railroad may require from time to time.
After construction and installation. Permittee shall, subject to obtaining written approval
as required herein, keep and maintain Facility in as good of a condition as when first
installed, normal wear and tear excepted, and Permittee shall repair and replace any loss
of or damage to property to whomsoever belonging, including property owned by, and
leased to or in the care, custody and control of the parties hereto, in any manner arising
from or during the existence of the Facility however such damage may occur or be
caused; and shall hereby indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, cost or expenses arising
or growing out of or in connection with such property damage. The obligation of
indemnity by licensed contractor and Permittee shall include damages incurred by
Railroad for delays to its operations proximately caused by the failure of such Permittee
or licensed contractor, as the case may be, to comply with its obligations herein.
The provisions of this permit are for the benefit of the parties hereto (and their
contractors and agents) and there is no intention of the parties to benefit third parties. In
particular. with reference to the public and third parties, the Permittee, if entitled to such
defense, retains its sovereign immunity (immunity from claims under Arkansas law) to
the full extent as provided by law; provided, however, notwithstanding any immunity to
which Permittee is entitled as to third party claims, Permittee shall remain liable to
Railroad for the indemnity obligations contained herein.
S. Permittee shall not transfer or assign this permit without the written consent of Railroad.
9. Nothing herein shall imply or import a covenant on the part of Railroad for quiet
enjoyment.
10. It is specifically agreed that this permit is not in full force and effect until and unless
Permittee's licensed general contractor, if such contractor is to perform the work
contemplated herein, signs this permit. It is expressly understood and agreed that Railroad
may at any time cancel and terminate this license and permission by giving to Permittee
thirty (30) days notice in writing of its intention to cancel the same and at the expiration
thereof, Permittee shall, with the written approval of the said Chief Engineer of Railroad
as to the removal of the Facility, remove the Facility and restore Railroad's property. If
Permittee shall fail to remove the same and restore the said right of way to its previous
condition, and Permittee shall pay the cost and expense thereof to Railroad.
12. Upon any failure of Permittee to punctually and strictly observe and perform the
covenants and promises herein by Permittee. Railroad may terminate this agreement on
ten (10) day notice to Permittee, remove the Facility and restore the right of way to its
previous condition at the cost and expense of Permittee.
13. Any notices given under the provisions of this agreement shall be good if deposited
postpaid in a United States post office addressed to Permittee at Permittee's address above
stated or as otherwise directed by Permittee.
14. The license and permission herein granted is subject to easements, permits, leases and
licenses, if any, heretofore granted by Railroad affecting the premises upon which said
Facility is located. Perrnittee shall cause its licensed contractor, if any, to comply with
Arkansas law as it relates to checking for utilities before excavation.
l 5. Subject to the foregoing provision& this agreenent and all the covenants and promises
thereof, shall inure to the benefit of and be binding upon the parties hereto, their
respective executors, administrators, successors and assigns.
IN' WITNESS WHEREOF. Railroad and Pertnittee have executed this agreement the day and year
first above written.
[]_1TE 11/01/21
(SIGNATURES ON I.OLLOWING PAGE)
RAILROAD
ARKANSAS & MISSOURI RAILROAD
COMP ANY
DATE *&-c . 34 J&Z I
LICENSED CONTRACTOR
The undersigned licensed contractor engaged by Perminee to construct and instal] the Facility
described hereinabove, agrees to be bound by the provisions of this permit as it pertains to
installation, notices, insurance requirements. and indemnity and agrees that Railroad is a third
parry beneficiary of any constriction contracts entered into with Permittee but also acknowledges
that Railroad assumes no obligations of Pernuttee under such construction contract.
LICENSED CONTRACTOR
Name
By..
Title
EXHIBIT I
APPLICATION FOR UNDERGROUND PERMITS i
To: ARKANSAS AND MISSOURI RAILROAD °*a.o►v Data 3-30-11
1 At what city or village is permit desired? Fayetteville, AR
2. Full name and address of applicant__ _Titan RBR Properties. LL(;_a
1211__ odland Creek Cirele.,�_ t Van Swan. AS 72956
3 If Applicant is a corporation, in what state incorporated*) ArkansaS _
If an individual, under what firm name is business conducted?
If partnership, give names of all partners
4, Product to be handled Water main Extension- 8" C-900 PVC Approximately 358' 2L2�ipe will run parallel to the track and property line.
5. ONLY FILL OUT THE FOLLOWING THAT RELATES TO YOU (UNDERGROUND CABLE OR PIPE)
A. Underground Cable Crossing
1. Cable Data
B
1.
a. Number of Cables
b. Type
c. Depth Below Tie_
d. Voltage
e. Type of Protection and Size
2 Location (MP and Plus) or Cable
3. If cable is to be placed longitudinally with track, give
a. location of cable in relation to centerline of nearest track
b. depth of coverage (ground line to top o` cable) __
Underground Pipe Crossing
Pipe Data CARRIER PIPE CASING PIPE
a. Outside diameter 9.05,
b. Inside diameter 7.14'
C. Pipe material _c-900 PCV
CARRIER PIPE CASING PIPE
f_ Actual working pressure
g. Type of joint PVC
h. Coaling PVC
d. Specifications and grade CITY OF FAYETTEVILLE SPECS Method of installation CITY OF FAYETTEVILLE SPECS
j. Will cathodic protection
e. Wag thickness 0.503" — be provided? PVC
2. a. Depth of pipe under track (top of be to bottom of casing) NIA
b. Angle of crossing N/A
3. If pipe is to be placed longitudinally with track, give
a. location of pipe in relation to centerline of nearest track 33' at closest point- running parallel
b. depth of coverage (ground line to top of pipe) min- 3' cover
4. If installation is to be by jacking or goring method, give location of jacking and receiving pits.
a. Depth no bore/jack
b. Distance facing wall of pit to centerline of nearest track (measured normal) 31'
5. Reference plans (to be forwarded with original application)
a. Drawing number b. Prepared by Bates and Assocites
Applicant agrees that if installation requires any or all of the following work - removal and replacement of track, bridging, protection of track or
other railway f by work or If engineering and/or supervision - such work is to be performed by railway employees and the cost bome
by the Appkc t. N he opini Re4way Company sufficient hazard is involved, the Applicant will be required to furnish liability and
property nsurance ' o and amounts satisfactory to Arkansas and Missouri Railroad
By
' Member
(A nt) (Title)
—145
RECOMMENDATIONS: (If additional space is required, attach supplemental sheet)
Date
A LI A ION APPROVED:
-- 7
-_ -- -_ (Superintendent)
(Assistant Vice President - Operations)
(General Manager Leases)
(Regional Manager Engineering)
A-1
w 44--:..
Mathis, Jeana
From: Fankhouser, Shea
Sent: Friday, October 1, 2021 8:25 AM
To: Mathis, Jeana
Subject: FW: Razorback Rd Multifamily
Attachments: Parallel Utility City of Fayetteville Razorback Development.pdf; TITAN RBR PROPERTIES,
LLC.pdf
Speaking of old Legistar items, this is for Legistar item #2021-0018 (the second attachment is the draft Legistar file).
Would you please send me what you have so far in the holding file if it has the Mayor's signatures on the agreement and
the AMRR encroachment permit?
Thanks,
Shea
From: Granderson, Corey <cgranderson@fayetteville-ar.gov>
Sent: Friday, October 1, 20218:01 AM
To: Fankhouser, Shea <kfankhouser@fayetteville-ar.gov>
Subject: FW: Razorback Rd Multifamily
Shea — this is the Titan RBR railroad project. The permit has now slightly changed, is there a way to get this
signature "non -agenda" since we already went through council and this is just a modification of the line
locations, not the terms with AMRR?
Corey
From: Jake Chavis <Jake@batesnwa.com>
Sent: Thursday, September 30, 20214:17 PM
To: Ely, Jonathan <iely@fayetteville-ar.gov>; Granderson, Corey <cgranderson@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>; Bransen Harris <bransen harris@yahoo.com>
Subject: RE: Razorback Rd Multifamily
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.
Jonathan,
I think I sent this to you a while back, but it probably got lost in the emails. AMRR has given us a NEW permit application
for you all to sign. They are fine with the additional utility relocation. Please let me know if you need anything else from
us.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
CBates
Associates.Inc.
www.batesnwa.com
From: Ely, Jonathan <iely@fayetteville-ar.gov>
Sent: Friday, August 20, 2021 11:45 AM
To: Jake Chavis <Jake@batesnwa.com>; Granderson, Corey <cgranderson@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Jake,
Plan Comments at a glance:
Waterline STA 1+28 should encase the new water, not the old sewer. Will be hard to dig up the old sewer line
and encase it.
Waterline STA 3+56 needs encasement too since water will not be 18" above sewer. Need to coordinate how
this will work with the nearby changes in grade.
Railroad Status:
We need to see the AMRR approved permit before we can approve any work related to AMRR r/w. Attached is
a signed agreement between the City and Bransen (titan RBR) as well as the Mayor's signature on the AMRR
permit application (first PDF). We do not have any further information if this permit has been submitted, and
fees paid, to AMRR for review/approval. If the exhibits and plans shown in that permit (end of 2nd PDF) are no
longer accurate, then we need to see this is very clear detail prior to you submitting an incorrect application to
AMRR.
Thank you,
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayetteville-ar.gov
CITY OF
w9" FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Friday, August 6, 2021 12:09 PM
To: Ely, Jonathan <iely@fayetteville-ar.gov>; Granderson, Corey <cgranderson@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
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.
Jonathan,
Please see attached revised pages. I have aligned the water main as you have laid out here. We have about 8' from the
manhole and 6.5' or so from the wall
1.) The wall on the north end is only 1'-2' tall near that north end
2.) Noted
3.) AMRR doesn't care about the alignment as long as the easements from them don't change.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
Bates
= Associates,inc.
www.batesnwa.com
From: Ely, Jonathan <iely@fayetteville-ar.gov>
Sent: Thursday, August 05, 2021 2:56 PM
To: Jake Chavis <Jake@batesnwa.com>; Granderson, Corey<cgranderson@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Ja ke,
Couple questions on this.
1. What is the height of the wall near the north end? If it is short and tapers to nothing near the end, we'd prefer
to keep the waterline alignment straight and reduce the number of fittings. Something similar to the red line
below.
2. When you resubmit, please include responses to all the previous comments so we know how each of them were
addressed.
3. How will these changes impact the AMRR permit?
3
45 DEGREE BEND i t
XISTING/ y�
NNHOLE.
l 1
V ( ---
�45 DEGREE BEND - J
Y
IACATE EXISTING WATER LINE
r--
z
PROPOSED WATER METER
ARRAY PER DETAIL W35
w/ J' DBL. METER SET
PROPOSED 2" COPPER
WATER SERVICE. SLEEVE
THROUGH WALL
-INSTALL 8%2"
TEE W/ 2" VALVE
DUD nETAII Mlr,
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayetteville-ar.gov
CITY OF
.� FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Wednesday, July 28, 2021 10:18 AM
To: Ely, Jonathan <iely@fayetteville-ar.gov>; Granderson, Corey <cgranderson@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
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.
4
Jonathan,
Please see attached. I have re-routed the proposed water main to maintain 10' separation from the sewer As best as I
could while maintaining 10' separation from the proposed wall per previous comment. We will have about 7' clearance
from the edge of that existing manhole. Please let me know if you want me to change anything.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
Bates
NA=
.ssOCiates. l nc.
w&.wwr*•L=dN *9ft-L wew
www.batesnwa.com
From: Ely, Jonathan <jely@fayetteville-ar.gov>
Sent: Monday, June 14, 2021 11:00 AM
To: Jake Chavis <Jake@batesnwa.com>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Jake,
I was able to take a quick look at this today, and will ultimately need to send it back over to Corey for a final
review. However, I noticed a couple things that need to be fixed right off the bat before we even send it over. See clip
below. The new waterline is over/around and conflicting with the 24" water main. Must provide 10ft horzontal
separation. Also, there are no notes about cut/cap of old line and how that will be coordinated on the plans
Please take another look at these areas and get it back to us. Feel free to copy Corey directly in case I'm out.
Thanks,
.. - p' TRAA
T. .,, - . -Sj1,-1
T& S (W1 4 )
END WATER
)N CUT AND
SOUTH LINE _
u
ASPHA T
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.favettevi I le -a r.eov
CITY OF
�_ FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Thursday, June 10, 20214:07 PM
To: Ely, Jonathan <jely@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
45 DEGRE
VACATE EXISTI1
6
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.
Jonathan,
Please see attached comment response and updated plan. I have Also included the recorded easement plan
acknowledging a portion of the dumpster in the easement, and included the sewer/ water profiles that show all the
crossings that Corey mentioned in the comments.
Please let me know if you need anything else.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
: Bates
Associates 1 nc.
cw..rw.ro- �•�• �-u�row.�ww..
www.batesnwa.com
From: Ely, Jonathan <jely@fayetteville-ar.gov>
Sent: Monday, May 24, 20219:56 AM
To: Jake Chavis <Jake@batesnwa.com>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Jake,
Been a while on this, but I got some feedback from Corey in utilities.
See attached.
Thanks
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayetteville-ar.gov
CITY OF
._ FAYETTEVILLE
ARKANSAS
7
From: Jake Chavis <Jake@batesnwa.com>
Sent: Thursday, April 29, 2021 3:46 PM
To: Ely, Jonathan <jely@favetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
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.
Jonathan,
I sent plans a while back and you commented on them. Dint know what SOP was for this case, so I thought I would get
the railroad paperwork out of the way before I began seeking approved revised plans.
I have attached the most updated plans for the relocation, but I have not checked with the meter department to see if
they will allow the meter connection under the wall.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
Bates -
= Associiates.Inc.
w �.«M � ur •..My-�...e...ra.a..
www.batesnwa.com
From: Ely, Jonathan <jely@favetteville-ar.gov>
Sent: Thursday, April 29, 2021 2:33 PM
To: Jake Chavis <Jake@batesnwa.com>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Jake,
Are there revised plans that should accompany this change in easement and waterline placement? As far as I know, we
do not have anything approved on that.
Just trying to pull all the various pieces together on this request.
Thanks,
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444, 3424
www.fayetteville-ar.gov
CITY OF
Win FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Wednesday, April 28, 2021 10:47 AM
To: Ely, Jonathan <jely@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
CAU70N 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.
Yes, this has changed from the original proposal, once they began digging up the water line on site, we discovered it was
running under a proposed building and needed to be relocated. We are proposing it to be reocated on the railroads
property, which is why we needed more easement.
I contacted AMRR and they amended the request and gave it to me, to give the city to sign.
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
Bates
Associates, I r►c.
AM
www.batesnwa.com
From: Ely, Jonathan <jely@fayetteville-ar.gov>
Sent: Wednesday, April 28, 2021 10:42 AM
To: Jake Chavis <Jake@batesnwa.com>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Jake,
I discussed with Utilities, and we're a bit confused. This has already gone through AMRR review and city council to get
the mayors signature. See attached. The next step is for Bransen to pay the fee and submit this for AMRR signature,
unless something has changed.
Thanks,
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayettevi I le -a r.gov
CITY OF
Iwo FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Thursday, April 22, 2021 10:44 AM
To: Ely, Jonathan <iely@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
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.
Jonathan,
I know its been a while on this, but the railroad just now signed off on letting us relocate the water line on their
property. They said This agreement needs to be signed by the City of Fayetteville and sent back to them.
Once we get full approval from the railroad, I will send you updated water main relocation plans addressing your
previous comments if that's ok with you.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
Bates
= Assoc iates.Inc.
a+. w r.. • �.. w n., w . �... w.. a,.. a �..
www.batesnwa.com
From: Ely, Jonathan <iely@fayetteville-ar.gov>
Sent: Tuesday, January 12, 20217:52 AM
To: Jake Chavis <Jake@batesnwa.com>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
10
If the easement is existing, it may be ok, but we'll need to see some information on that, as our GIS does not reflect the
easement or any information on it. On the south end, it appears the tie in may cross outside of the easement, so you
may need to check that. Either way, work within AMRR ROW will need to be coordinated with them for safety of the
tracks, etc..
Also, it appears the relocated water main may be going right through a utility pole. Is that something that will also be
relocated?
Thanks,
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayetteville-ar.gov
CITY OF
FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Monday, January 11, 2021 4:02 PM
To: Ely, Jonathan <iely@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
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.
Jonathan,
Thanks for taking a look at that! I will get those methods of connection added to the plan, and work with the meter
department to make sure this will work. We will also look into different places to connect the meter bank., though it's
pretty centered on the retaining wall.
As far as AMRR is concerned, we are moving the water line INTO the existing easement near our property. To me, it
seems like the water line was somehow installed outside of the easement originally dedicated specifically for it. Let me
know if I'm wrong, or if you still think we need to contact AMRR to dedicate any more easement, I'm probably missing
something.
Thanks,
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
11
= Bates
Associates, inc.
www.batesnwa.com
From: Ely, Jonathan <iely@fayetteville-ar.gov>
Sent: Monday, January 11, 2021 3:48 PM
To: Jake Chavis <Jake@batesnwa.com>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Jake,
From a quick look, I don't see any information about methods of connection at each end, or cutting/capping/removing
the old line. Also, we'll need to consult with the meter department about the meter array service line going through the
wall. Is there any where else that could be located?
Have you all discussed this with AMRR? I'm curious if they will approve the additional easement and waterline being
located closer to the tracks.
Thanks
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayetteville-ar.gov
CCTV OF
FAYETTEVILLE
ARKANSAS
From: Jake Chavis <Jake@batesnwa.com>
Sent: Friday, January 8, 2021 2:44 PM
To: Ely, Jonathan <iely@fayetteville-ar.gov>
Cc: 'Geoff Bates' <geoff@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
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.
Jonathan,
Here is a plan of the water line relocation. Would you mind reviewing this and letting me know what I need to correct?
Thanks,
12
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
Bates
= Associates.lnc.
w&VMNft•L"A.r+I-u.ftcwwe.rNww
www.batesnwa.com
From: Ely, Jonathan <iely@fayetteville-ar.gov>
Sent: Tuesday, December 15, 2020 3:13 PM
To: Jake Chavis <Jake@batesnwa.com>
Subject: RE: Razorback Rd Multifamily
Hi Jake,
I don't know or haven't heard anything more on this. They should probably pot hole the line to determine the actual
location to confirm the field marks. What information were the plans developed from? GIS?
Yes, you will need to revise the plans to resolve the issue and submit the revisions to us for review.
Thanks,
Jonathan Ely, P.E.
Development and Construction Manager
Engineering Division
City of Fayetteville, Arkansas
T 479.444.3424
www.fayettevi I le -a r.gov
CITY OF
Win FAYETTEVILLE
ARKANSAS
From: lake Chavis <Jake@batesnwa.com>
Sent: Wednesday, December 9, 2020 11:55 AM
To: Ely, Jonathan <iely@fayetteville-ar.gov>
Subject: Razorback Rd Multifamily
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.
Jonathan.
13
We have run into a situation on site. essentially, it looks like the water line that we had shown on the south side
of the property is actually 20' to the west of where we have it on the plans. See attached. The contractor called a
locate on that water line, and they painted it 20' west.
Do you happen to know anything about this? It's a little confusing because there is an existing U.E. surrounding
where we said the waterline was, but the water line is installed outside of it.
If, in fact, the water line is running right through out proposed building/ drainage structures/ retaining walls,
like the survey points say, do we just need to send you some revised plans showing you how we plan to relocate
the water line into that existing easement?
14
Thanks for your help and teel free to call me with questions or a better explanation. Let me know if you need
any other information as well.
Jake Chavis E.I.
Project Engineer
Bates & Associates, Inc.
7230 S. Pleasant Ridge Dr.
Fayetteville, AR, 72704
479.442.9350
15
�= Bates
Associates. Inc.
www.batesnwa.com
16
PARALLEL UTILITY LINE PERMIT
City of Fayetteville Staff Review Form
2021-0846
Legistar File IC
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 10/27/2021 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of and the Mayor's signature on the attached Parallel Utility Line Permit for the
Arkansas & Missouri Railroad Co. related to utility installation for the Razorback Road multifamily development
project.
N/A
Account Number
N/A
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
N/A
Fund
N/A
Project Title
V20210527
Purchase Order Number: Previous Ordinance or Resolution # 43-21
Change Order Number: Approval Date: 11/1/21
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: October 27, 2021
STAFF MEMO
SUBJECT: Modification to Utility Permit Application - Arkansas & Missouri Railroad
RECOMMENDATION:
Staff recommends approval of and the Mayor's signature on the attached Parallel Utility Line
Permit for the Arkansas & Missouri Railroad Co. related to utility installation for the Razorback
Road multifamily development project.
BACKGROUND:
The Razorback Road Multifamily Large -Scale Development is proposed at the southeast corner
of Razorback Road and 15th Street in a long, narrow parcel of land between Razorback Road
and the Railroad Right of Way. The City has several water and sewer utilities already present in
the Railroad Right of Way along this corridor and the proposed development is making a few
minor alignment changes to these utilities. An agreement between the City and Titan RBR
Properties, LLC and a utility permit application with AMRR was previously approved via Res.
43-21. However, during construction it was determined that modifications to this permit
application would be necessary.
DISCUSSION:
During construction a waterline assumed to be within the AMRR right of way was discovered to
be further west, in conflict with proposed buildings. This updated permit will allow the waterline
to be adjusted slightly into the AMRR right of way, where the waterline had been assumed
located previously. The City water/sewer department is amenable to these changes. The City
Attorney's office has reviewed these documents prior to this request, and agrees that a minor
change to this previously approved permit can be processed as Non -Agenda.
BUDGET/STAFF IMPACT:
None.
Attachments:
Parallel Utility Line Permit
Resolution 43-21
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
PARALLEL UTILITY LINE PERMIT # of2S10Z/
THIS AGREEMENT, made this 2 rt!' day of /j%..r,,( _, 20 2 / ,between
ARKANSAS & MISSOURI RAILROAD CO.. A VIRGINIA CORPORATION, hereinafter
called "Railroad," address is 306 EAST EMMA, SPRINGDALEor� AR. 72764 an
whose address 113 P./r%v�lf�in Srr/5/r� l"if,Q 7Z 70!
hereinafter called "Permittee." 'rHis ,,rut; MEN r AM vn. FNCRO k( 11%1 vT PER%11T 412162otu
WITNESSETH:
Railroad, for and in consideration of the fee(s) herein provided to be paid to it by Permittee and
of the covenants and promises hereinafter made to be observed and performed by Permittee,
does hereby grant to Permittee license and permission to install, excavate for, constru t, maintain
and operate the following. ,&I*ir>te eoo
.fe,- 4,(, i,/-74 zr hereinafter referenced to as the "Facility," along the right of way
of Railroad and parallel to the existing track(s) on said right of way, underneath or above the
surface the of as permitted by this Permit, and at or near /V SS'y S/ , in the County
of 4.is,�i State of A w»srS ,to be located as follows, to -wit:
As shown on the plat and plan(s) hereto attached, marked Exhibit "A", dated by this reference
thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as
follows:
Permittee will pay in advance to Railroad for this permit the sum of $ r cl
ADMINISTRATIVE FEE, $ 3d5 0V- 0 (_-) PERMIT FEE for a total of
$ '-1 3 S o • o c_� . This Permit Fee shall be a (check box)
C9 one time fee 0 annual fee. Also. Permittee shall also pay all taxes and assessments that
may be levied or assessed against said Facility. Unless the permit fee is designated as a
one time fee herein, this Permit shall be renewed annually on or before the anniversary
date of the above date by the payment of the above Permit Fee; provided, however,
Railroad reserves the right to change the Permit Fee at any time while this Permit
remains in effect upon thirty (30) days' written notice. This provision for payment shall
in no way restrict Railroad's right of termination under any provisions hereof.
Annual fees shall increase 3% or by the Consumer Price Index, whichever is greater,
annually. The Consumer Price Index ("Index") shall be for the area in which Springdale,
Arkansas is located for all items issued by the Bureau of Labor Statistics for the United
States Department of Labor. If publication of the Index has discontinued, the parties
shall thereafter accept comparable statistics on the cost of living for the area in which
Springdale, Arkansas is located, as they may be computed and published by any other
agency of the United States.
2. Permittee, at Permittee's sole cost and expense, shall install, excavate for, construct,
reconstruct, maintain and repair the heretofore described Facility in accordance with and
at the location identified on Exhibit A and no closer to the tracks on the right of way than
as approved herein, in accordance with the guidelines of the Arkansas and Missouri
Utility Accommodation Policy, which is incorporated herein by reference; and in
accordance with any applicable statutes, orders, rules and regulations of any authority
with jurisdiction over such installation.
Permittee shall fill in the excavation and restore the surface of the ground to its previous
condition subject to the approval of the Chief Engineer of Railroad upon which the
Facility is located. Said Chief Engineer shall have the right at any time when in his
judgment, it becomes necessary or advisable to require any material used in the work to
be replaced with like material or with material of a more permanent character and to
require additional work or change of location of said Facility as a matter of safety, or of
appearance, or on account of additional tracks being laid, change of grade thereof,
construction of a building, or for any other reason whether or not connected with the
operation, maintenance, or improvement of railway of Railroad, all of which shall be
done at the expense of Permittee in the manner herein provided.
3. Permittee shall give to the Chief Engineer at least ten (10) days advance notice of the
initial work to be done by Permittee in the excavation and construction pursuant to this
Permit and shall conduct such work in such manner as not to interfere with the
maintenance and operation of the Railroad. Permittee must have a copy of this permit on
the job site when working. Permittee (or its contractor) must also notify the Railroad's
main dispatch 802-774-5013 every morning before work begins and advise the Railroad
when installation is completed. If these requirements are not met Railroad can pull the
Pennittee's permit and or assess an additional charge for noncompliance with these
stipulations. For a flagman, Permittee shall contact Chief Engineer. As to any
reconstruction, maintenance. repair, change of location or removal of the Facility after
the initial installation, Permittee shall not perform such without prior written permission
from Chief Engineer, and such work may require Permittee to submit a new application
for underground permit.
4. In the event that Railroad, at the request of Permittee or any agent or contractor of
Pennittee, or if Railroad deems it necessary for the protection of its property and
operations, does any work, furnishes any material or flagging service, or incurs any
expense whatsoever on account of the excavation for, construction, any reconstruction.
maintenance, repair, change of location, removal of the Facility or otherwise, Permittee
shall reimburse Railroad for the cost thereof within twenty (20) days after bills are
rendered therefor. If the excavation, installation, any reconstruction, maintenance, repair,
change of location, or removal of the Facility, requires any or all of the following work:
removal and replacement of track. bridging, protection of track or other railway facilities
by work or flagging, engineering and/or supervision, then such work is to be performed
by Railroad employees and the cost bome by Permittee. If there shall be any work, men
or equipment requires flagging services, then the provisions of the Flagging Services
Policy, attached hereto as Exhibit B, shall apply and such Policy is hereby incorporated
herein by reference.
In the event any cathodic electrolysis or other electrical grounding system is installed in
connection with the Facility which, in the opinion of Railroad, in any way interferes with
any train signals, telephone or telegraph lines, any other utility or lines, or other facilities
of Railroad (collectively "Lines"), Permittee upon being informed by Railroad of such
interference shall forthwith discontinue operation of and remove said grounding system
or take such steps as may be necessary to avoid and eliminate all such interference.
Permittee and its contractor, if any, further agrees to indemnify and save harmless
Railroad from and against any damages, claims, losses, suits or expenses in any manner
arising from or growing out of interference with the Lines by the operation, use or
existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all
liability for damage to or destruction of the said Facility and any other property of
Permittee located on or near Railroad's premises. Permittee agrees that, if it does not
perform the work contemplated by this Permit itself, then it shall cause the installation of
the Facility to be performed by a licensed contractor, and Railroad reserves the right to
approve such contractor. Permittee and its licensed contractor, if any, assume any and all
liability for injury to or death of any and all persons whomsoever, including officers,
employees and agents of the parties hereto, or loss of or damage to property to
whomsoever belonging, including property owned by, and leased to or in the care,
custody and control of the parties hereto, in any manner arising from or during the
construction, however, such injury or damage may occur or be caused, and does agree
and shall cause its licensed contractor to agree to indemnify and save harmless Railroad
of and from any and all claims, demands, suits, actions, damages, recoveries, judgments.
costs or expenses arising or growing out of or in connection with any such injury, death,
loss, damage or destruction aforesaid. Permittee agrees to appear and to cause its licensed
contractor, if any, to appear and defend in the name of Railroad, and to pay and satisfy
any final judgment that may be rendered against the railroad in any such suit or action.
The liability assumed by the Permittee and the licensed contractor, if any, herein shall not
be affected or diminished by the fact, if it be a fact, that any such suit or action brought
against Railroad may arise out of negligence of Railroad, its officers, agents, servants or
employees, or be contributed to by such negligence. Permittee or licensed contractor, if
applicable, shall provide Railroad with a railroad protective liability policy naming
Railroad as an insured and providing in addition to all other coverages, coverage for
damage to structures and buildings. Such policy shall be subject to the approval of
Railroad and shall be in the amount of $ o, e o coverage and shall contain a
provision requiring that Railroad be notified at least thirty (30) days in advance in case of
cancellation. In addition, Permittee or licensed contractor, if applicable, shall provide
evidence of such other insurance policies as Railroad may require from time to time.
After constnuction and installation. Penmittee shall, subject to obtaining written approval
as required herein, keep and maintain Facility in as good of a condition as when first
installed, normal wear and tear excepted, and Permittee shall repair and replace any loss
of or damage to property to whomsoever belonging, including property owned by, and
leased to or in the care, custody and control of the parties hereto, in any manner arising
from or during the existence of the Facility however such damage may occur or be
caused; and shall hereby indemnify and save hannless Railroad of and from any and all
claims. demands, suits, actions, damages, recoveries, judgments, cost or expenses arising
or growing out of or in connection with such property damage. The obligation of
indemnity by licensed contractor and Pennittee shall include damages incurred by
Railroad for delays to its operations proximately caused by the failure of such Pennittee
or licensed contractor. as the case may be, to comply with its obligations herein.
7. The provisions of this permit are for the benefit of the parties hereto (and their
contractors and agents) and there is no intention of the parties to benefit third parties. In
particular, with reference to the public and third parties, the Permittee, if entitled to such
defense, retains its sovereign immunity (immunity from claims under Arkansas law) to
the full extent as provided by law; provided, however, notwithstanding any immunity to
which Permittee is entitled as to third party claims, Permittee shall remain liable to
Railroad for the indemnity obligations contained herein.
8. Permittee shall not transfer or assign this permit without the written consent of Railroad.
9. Nothing herein shall imply or import a covenant on the part of Railroad for quiet
enjoyment.
10. It is specifically agreed that this permit is not in full force and effect until and unless
Permittee's licensed general contractor, if such contractor is to perform the work
contemplated herein, signs this permit. It is expressly understood and agreed that Railroad
may at any time cancel and terminate this license and permission by giving to Permittee
thirty (30) days notice in writing of its intention to cancel the same and at the expiration
thereof, Permittee shall, with the written approval of the said Chief Engineer of Railroad
as to the removal of the Facility, remove the Facility and restore Railroad's property. If
Permittee shall fail to remove the same and restore the said right of way to its previous
condition, and Permittee shall pay the cost and expense thereof to Railroad.
12. Upon any failure of Permittee to punctually and strictly observe and perform the
covenants and promises herein by Permittee, Railroad may terminate this agreement on
ten (10) day notice to Permittee, remove the Facility and restore the right of way to its
previous condition at the cost and expense of Pennittee.
13. Any notices given under the provisions of this agreement shall be good if deposited
postpaid in a United States post office addressed to Permittee at Permittee's address above
stated or as otherwise directed by Permittee.
14. The license and permission herein granted is subject to easements, permits, leases and
licenses, if any, heretofore granted by Railroad affecting the premises upon which said
Facility is located. Pennittee shall cause its licensed contractor, if any, to comply with
Arkansas law as it relates to checking for utilities before excavation.
15. Subject to the foregoing provisions, this agreement and all the covenants and promises
thereof, shall inure to the benefit of and be binding upon the parties hereto, their
respective executors, administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year
first above written.
DATE 11/01/21
( SIGNATURES ON FOLLOWING PAGE)
RAILROAD
ARKANSAS & MISSOURI RAILROAD
COMP NY
DATE W'Ww 4 s4 '10"/
LICENSED CONTRACTOR
The undersigned licensed contractor engaged by Permittee to construct and install the Facility
described hereinabove, agrees to be bound by the provisions of this permit as it pertains to
installation, notices, insurance requirements, and indemnity and agrees that Railroad is a third
party beneficiary of any construction contracts entered into with Permittee but also acknowledges
that Railroad assumes no obligations of Permittee under such construction contract.
LICENSED CONTRACTOR
Name
By:
Title
EXHIBIT I
APPLICATION FOR UNDERGROUND PERMITl�j�
To ARKANSAS AND MISSOURI RAILROAD �io-o*° Data 3-30 1
i At what city or village is permit desired' Fayetteville, AR
2 Full name and address ofapplicant__ —Titan RBR Properties , LLC
I ZU,_ jgodland Creek Circle., _ _ Van Buren, AR 72956
3 If Applicant is a corporation, in what state incorporated? Arkansas
If an individual, under what flmt name is business conducted?
If partnership, give names of all partners
4 Product to be handled _ Water main Extension- 8" C-900 PVC _ _proximate 358' of pipe will run parallel to the track and property line.
5 ONLY FILL OUT THE FOLLOWING THAT RELATES TO YOU (UNDERGROUND CABLE OR PIPE)
A. Underground Cable Crossing
1. Cable Data
a. Number of Cables
b. Type
c. Depth Below Tie
d. Voltage
a. Type of Protection and Size
2 Locat:on (MP and Plus) or Cable
3. If cable is to be placed longitudinally with track, give
a, location of cable in relation to centerl.ne of nearest track
b. depth of coverage (ground line to top 0` cable) ,
B. Underground Pipe Crossing
1. Pipe Data CARRIER PIPE CASING PIPE CARRIER PIPE CASING PIPE
a. Outside diameter 9.05 f. Actual working pressure
b. Inside diameter 7.14"
c Pipe material _c-900 PCV
g. Type of joint PVC _
h. Coating PVC
d. Specifications and grade CITY OF FAYETTEVILLE SPECS Method of installation CITY OF FAYETTEVILLE SPECS
j. Will cathodic protection
e. Wall thickness 0.503" _ be provided? PVC
2. a. Depth of pipe under track (top of be to bottom of casing) NIA
b. Angle of crossing NIA
3 If pipe is to be placed longitudinally with track, give
a location of pipe in relation to centerline of nearest track 33' at closest point- running parallel
b. depth of coverage (ground line to top of pipe) min- 3' cover
4. if installation is to be by jacking or boring method, give location of jacking and receiving pits.
a. Depth no bore/jack _
b. Distance facing wall of pit to centerline of nearest track (measured normal) 31'
5. Reference plans (to be forwarded with ongnal application)
a. Drawing number b. Prepared by Bates and Assocites
Applicant agrees that if installation requires any or all of the lollowing work - removal and replacement of track, bndging, protection of track or
other railway t by work or B engineering and/or supervision - such work is to be performed by railway employees and the cost borne
by the Applic t. !/ ' .he opRaiiway Company sufficient hazard is involved, the Applicant will be required to furnish liability and
property insurance ' o and amounts satisfactory to Arkansas and Missouri Railroad
By. ° Member
(Title)
RECOMMENDATIONS. (if additional space Is required, attach supplemental sheet)
Date
APPLICATION APPROVED:
(Superintendent)
Manager Leases)
(Assistant Vice President — Operations)
(General
(Regional Manager Engineering)
A-1
I
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 43-21
File Number: 2021-0018
TITAN RBR PROPERTIES, LLC:
A RESOLUTION TO APPROVE AN ENCROACHMENT PERMIT AGREEMENT WITH
ARKANSAS & MISSOURI RAILROAD CO. AND A CONTRACT WITH TITAN RBR
PROPERTIES, LLC FOR UTILITY RELOCATIONS ASSOCIATED WITH A MULTI -FAMILY
DEVELOPMENT ON RAZORBACK ROAD
WHEREAS, a multi -family development is proposed at the southeast corner of Razorback Road and
15th Street; and
WHEREAS, the City has several utility lines in the Railroad Right -of -Way and the proposed
development requires a few minor alignment changes to these utilities; and
WHEREAS, the Arkansas & Missouri Railroad Company requires that the City sign an
Encroachment Permit Agreement in order to complete the utility relocations; and
WHEREAS, City staff also recommend the approval of a utility relocation agreement with the
developer, Titan RBR Properties, LLC, which requires the developer to pay the railroad permit costs
and indemnify the City against any potential claims related to the utility relocations within the railroad
right of way.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an encroachment permit agreement with Arkansas & Missouri Railroad Co. and a utility
Page f Printed on 213121
Resolution: 43-21
File Number. 2021-0018
relocation agreement with Titan RBR Properties, LLC for utility relocations associated with a
multi -family development at the southeast comer of 15th Street and Razorback Road.
PASSED and APPROVED on 2/2/2021
Attest:
3,•'•GITYgJ'�
Kara Paxton, City Clerk Treasure
p! ; CpU"
Page 2 Printed on 213121