HomeMy WebLinkAboutEDCRes2016.06.02ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.06- D('-OR ADC
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR
ENVIROMENTAL SERVICES FROM FARGO CONSULTANTS
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for Environmental Services associated with a potential land purchase for
the creation of primary jobs and to enable the EDC to perform infrastructure and site
improvements, which the board finds necessary to promote or develop new or
expanded business enterprises; and
WHEREAS, the EDC intends that said funds be used solely for Environmental Services
related to the potential land purchase;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's
contract services line item account in the amount of no more than $ 2,200 for
Environmental Services for potential land purchase. JJ
PASSED M9 APPROVED by the Anna Economic Development Corporation this
day of , 2016.
APPROVED:
EDC OF ANNA, TEXAS RESOLUTION NO?jDI%-G(0-0� EbC, PAGE 1 OF 1
j 2324 Fabens Rd. • Dallas, Texas 75229
FARGO CONSULTANTS, INC. Tel. 214-352-4100 Fax. 214-352-4811
May 11, 2016
Anna City Hall
111 North Powell Parkway
Anna, Texas 75409
Attention: Ms. Jessica Perkins
Re: Proposal For
Environmental Site Assessment, Phase I
90.6-Acre Tract
Collin County Outer Loop
Anna, Texas
FARGO Proposal No. PE16-2753
Dear Ms. Perkins:
FARGO CONSULTANTS, INC. is pleased to submit this proposal for providing an Environmental Site
Assessment (ESA), Phase I for the tract of land referenced above. The purpose of ESA, Phase I would be to
formulate an opinion as to the potential for environmental conditions at the subject site based on limited
research and interviews as outlined below:
• Review of regulatory agency lists for records regarding possible hazardous material handling, spills,
storage and production at the site or in the vicinity that may potentially threaten the subject property.
These lists include: CERCLIS, RCRIS, NPL, ERNS, AST, superfund site and waste disposal site.
• Review of aerial photographs for the past use activity in the site to identify any signs of potential
environmental conditions.
• Review of additional records such as city directory, flood and fire insurance maps (if available).
• Perform a site and surrounding area reconnaissance and on site interviews to identify any indications
of potential environmental conditions.
• Prepare a report, which summarizes the results of the records review, interviews and site
reconnaissance.
Please Note: The scope of services as outlined above does not include an investigation for the presence or
absence of asbestos at the study area including any existing structures within the site.
COST ESTIMATE AND ANTICIPATED SCHEDULE
Our estimated lump sum cost for performing the referenced services is on the order of $ 2,200. It is our
understanding that the report of environmental lien(s) will be provided to us by the client or by appointed
title company for review. Referenced estimated cost does not include research study for environmental
lien(s) for the subject property.
Geotechnical Engineering • Construction Materials Testing • Environmental Services
www.dallasfargo.com
NA
Proposal No. PE16-2753
FARGO CONSULTANTS, INC.
Upon receipt of a copy of this proposal signed by the client, the site assessment will begin immediately. If
unanticipated conditions are encountered, we will notify you accordingly. The cost will not be exceeded
without the client's prior authorization.
Record reviewing, site reconnaissance and report preparation will require about 16 to 18 working days,
assuming no difficulties in obtaining information or accessing the site. A digital copy and two printed copies
of the report will be submitted, and will include the results of our findings with reference to ESA (Phase I)
for the referenced site.
Our services will be performed in accordance with the attached Terms and Conditions (Enclosure 1). Our
payment is due upon submittal of our invoice(s), as stated in Enclosure 1. The payment(s) for our services as
described in this proposal is independent of: a) funds to be provided to the Client by financial institutions, b)
closing date for approval of the funds, c) any other related conditions the Client may be subject to before
receiving their funds for the project.
To indicate acceptance of our proposal and the terms and conditions, please have a duly authorized person
(referred to as "Client") fill out the spaces provided below and return a copy of signed proposal to us for our
files.
We thank you for the opportunity to submit this proposal and look forward to working with you on this
project. Please feel free to contact us if you have any questions or need any additional information.
Enclosure: 1
Sincerely,
FARGO CONSULTANTS, INC.
Alo---L �-
Moe A. Munim, MSCE, P.E.
Engineering Division
CLIENT ACCEPTANCE AND CONTACT INFORMATION
Name and Title (Please Print)
//. Al"M
}
Physical Address
l X
City State Zip Code
(CY Telephone No. Fax No.
ev
Email Address
Geotechnical Engineering - Construction Materials Testing • Environmental Services
www.dallasfargo.com
Proposal No. PE16-2753
Enclosure #2 (Page 1 of 2)
FARGO CONSULTANTS, INC.
TERMS AtW CONDITIONS
Client
Client as used herein is the entity or individual who authorizes performance of services by Fargo Consultants, Inc. (hereafter referred to as
Fargo) and accepts responsibility for payment under the conditions stated herein.
On -site R espons Rbilities. and Risks
• Right of Entry - Unless otherwise agreed Client will notify all owners, lessees, contractors and other possessors of the project site to
fiumish right -of -entry and obtain permits as required for Fargo to perform the fieldwork.
• Damage to Property - During normal course of fieldwork, some damage including but not limited to damage to vegetation, crops,
rutting and cracking of pavement may occur. Client understands that Fargo is not responsible for the correction of any such damages
unless so specified in the proposal.
• Toxic and Hazardous Materials - Client will provide us with all information within his possession or knowledge as to the potential
occurrence of toxic or hazardous materials at the site being investigated. If unanticipated toxic or hazardous materials are
encountered, Fargo reserves the right to demobilize our field operations at the Client's expense.
Relevant Proiect/Site Records
To the extent requested by Fargo, Client will make available to Fargo all information in its possession regarding existing and proposed
conditions at the site. Such information shall include, but not be limited to, plot plans, topographic surveys, and previous Geotechnical
reports.
Warranty
• Services performed by Fargo will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing under similar conditions. Interpretations and recommendations by Fargo will be based solely on
information discovered by, or made available to, Fargo during the course of the engagement. In connection with such information,
Client recognizes that subsurface conditions across the site may vary from those observed at locations where testing, borings, surveys,
or explorations are made, and that site conditions my change over time. Fargo shall not be responsible for the use or interpretation of
such information by non-parties to this Agreement. No other warranty, either expressed or implied, is made or intended by our letter
of authorization, proposal, contract, or reports.
• Client acknowledges that Fargo cannot know the exact composition of a site's subsurface, even after conducting a comprehensive
exploratory program. As a result, there is a risk that drilling and sampling may result in contamination of certain subsurface areas.
Although Fargo will take precautions to avoid such an occurrence, Client waives any claim against, and agrees to defend, indemnify
and save Fargo harmless from any claim or liability for injury or loss which may arise as a result of subsurface contamination caused by
drilling, sampling, testing, or monitoring well installation. Client also agrees to adequately compensate Fargo for any time spent and
expenses incurred in defense of any such claim to the extent permissible by law.
Liabili
In order for Client to obtain the benefit of a lower fee than would otherwise be available, Client agrees to limit Fargo's liability to Client,
and to all other parties, for claims arising out of Fargo's performance and the services to $202000 or the total fee for services rendered,
whichever is lower, for any liabilities, including but not limited to negligent professional acts, or errors or omissions, and Client agrees to
indemnify Fargo for all liabilities in excess of the monetary limits established. Client also agrees that Fargo shall not be responsible for
means, methods, procedures, performance, quality or safety of the construction contractors, subcontractors or any other third party
including any errors or omissions arising from their workmanship.
Termination of Services
This Agreement may be terminated without cause by Fargo upon thirty (30) days' written notice. This Agreement may also be terminated if,
after seven (7) days after written notice of a default by Client in the performance of any material provision of this Agreement, Client fails to
cure or correct said default. In the event of termination, Fargo will be paid for services performed through the date of termination, plus
reasonable termination expenses, including the cost of completing analysis, records, and reports necessary to document job status at the
time of termination.
Resolution of Disputes
All claims, disputes, controversies or matters in question with a monetary value of more than ten thousand dollars arising out of, or relating
to this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract,
errors, omissions, or acts of professional negligence, (collectively "Disputes' shall be submitted to mediation before and as a condition
precedent to pursuing any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and
Fargo shall select a neutral mediator by mutual agreement. Such selection shall be made within ten (10) calendar days of the date of receipt
by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected
mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client and Fargo within ten (10) calendar
days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in
effect.
Any disputes or controversies not resolved or settled by the parties hereto shall be submitted to arbitration. Demand for arbitration shall
be made by either party within ten (10) calendar days following termination of mediation. The date of termination of mediation shall be the
date of written notice of closing mediation proceedings issued by the mediator to each of the parties. Demand for arbitration shall be made
Geotechnical Engineering • Construction Materials Testing • Environmental Services
www.dallasfargo.com
& 011
VA
I If
Proposal No. PE 16-2753
Enclosure #2 (Page 2 of 2) FARGO CONSULTANTS, INC.
by filing notice of demand, in writing, with the other party and with the American Arbitration Association. The award rendered, if any, by
the arbitrator(s) shall be final and binding on both parties and judgment may be entered upon it in accordance with applicable law in any
court having jurisdiction. Notwithstanding any other provisions of this Section, in no event shall a demand for mediation be made more
than two (2) years from the date of the party making demand knew or should have known of the dispute or five (5) years from the date of
substantial completion of Fargo's Services, whichever date shall occur earlier. All mediation or arbitration shall take place in Dallas County,
Texas. The fees of the mediator or arbitrator(s) and the costs of transcription and other costs incurred by the mediator or arbitrator(s) shall
be apportioned equally between the parries.
The parties hereto hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas to
hear and determine any claims or disputes between the parties hereto pertaining to this Agreement or to any matter arising out of or related
to this Agreement.
Neither Client nor Fargo may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the
other party. This Agreement shall inure other to the benefit of the parties hereto, and no third party shall have any rights hereunder. Each
party binds itself, its partners, successors, executors, administrators and assigns.
Invoaice and Payment
Our invoices for services rendered are due upon presentation of our invoices and shall not be contingent upon Client receipt of separate
payment, financing or closing on the project property, or other conditions whatsoever. If Client objects to any portion of an invoice, it
shall notify Fargo in writing within ten (10) days from the date of actual receipt of the invoice and shall timely pay undisputed portions of
the invoice.
Client agrees to pay all costs and expenses, including reasonable attorney's fees and costs, incurred by Fargo should collection proceedings
become necessary to collect on Client's overdue account.
Unless the Proposal specifies the cost for services as not -to -exceed or lump sum, Client understands that any cost estimates and schedules
are based on Fargo's best judgment of project information at the time of Proposal as compared to similar projects and should be used by
Client for planning purposes only. In the case of additional services beyond such estimates that will require additional time or other
expenses, all additional fees will be calculated based on unit fees in our proposal. In the event Fargo is required to respond to any subpoena
or provide testimony (as a fact or expert witness) related to the Services, Client would pay Fargo for time and expenses in accordance with
Fargo's then current fee schedule.
Samples
Due to the high volume of soil, rock, and concrete we generally receive each day, long term storage of the samples in our lab is not
practical. In general, samples will be discarded shortly after submission of test report unless Client advises us otherwise. Upon request,
Fargo will deliver samples in accordance with Client instructions, or will store them for an agreed charge.
Records
All pertinent records relating to services performed and prepared by Fargo in connection with this engagement shall remain the property of
Fargo. Client agrees that all reports, or other material furnished to Client or the Client's agents for which Client has not paid will be
returned to Fargo upon demand and will not be used by Client or others for any purpose whatsoever. Unless otherwise required by law,
Fargo will retain all pertinent records relating to the Services performed for a period not exceeding five years following submission of the
reports during which period the records will be made available to Client upon request and at all reasonable times.
Swryiyal
If any of the provisions contained in this agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions
will not be impaired. Limitations of liability and indemnities shall survive the termination of this agreement for any cause.
Geotechnical Engineering • Construction Materials Testing • Environmental Services
www.dallasfargo.com
`r