HomeMy WebLinkAboutEDCRes2016.06.03If /
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. 016- 4 -C.3 Eb C,
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR
GEOTECHNICAL SERVICES FROM FARGO CONSULTANTS
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for Geotechnical 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 Geotechnical 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 $ 3,400 for
Geotechnical Services for potential land purchase.
Ad
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2016.
APPROVED:
Cons ance Stump, EDC Presid t
ATTF.qT-
EDC OF ANNA, TEXAS RESOLUTION NO a416 -06 -C'3 EhG PAGE 1 OF 1
.yj 2324 Fabens Rd. • Dallas, Texas 75229
Faxao CONSULTANTS. INC. Tel. 214-352-4100 Fax. 214-352-4811
May 16, 2016
Anna City Hall
111 North Powell Parkway
Anna, Texas 75409
Attention: Ms. Jessica Perkins
Re: Proposal for Preliminary
Geotechnical Exploration
90.6-Acre Tract
Collin County Outer Loop
Anna, Texas
FARGO Proposal No. PG16-2754
Dear Ms. Perkins:
Submitted herewith is our proposal to perform a preliminary geotechnical exploration at the site referenced
above. We understand the referenced site is being considered for commercial development.
The primary objectives of this preliminary study are to explore general subsurface conditions by performing
limited number of borings. Field and laboratory data obtained will be used to provide preliminary geotechnical
related information for general estimation purposes. Localized and global slope stability studies are beyond the
scope of services described in this proposal.
FIELD EXPLORATION
For this preliminary exploration, we plan to advance a total of 4 borings to a maximum depth of 25 feet at the
referenced site. Depending on the depths to primary formation, the borings may be terminated at shallower
depths.
Surveying of the boring locations for ground elevations and precise boring locations is beyond the scope of this
study. Surveying services may be performed by client's survey representatives or if desired, can be arranged by
FARGO upon request at additional cost.
If survey services are not desired, then general locations of the borings will be marked in the field by a member
of our geotechnical staff. A basic GPS will be used to mark the borings. As a guide in locating the borings,
landmarks, which could be identified in the field and as shown on the provided site plan, will be used. With
reference to the aforesaid, the location of borings in our report should be considered as approximate.
Geotechnical Engineering • Construction Materials Testing . Environmental Services
www.dallasfargo.com
Proposal No. PG 16-2754
Page 2 of 4
FARGO CONSULTANTS, INC.
The borings will be advanced using a truck -mounted drilling rig equipped with sampling tools for intermittent
sampling. Depending on the nature of subsurface materials at the boring locations, the following sampling
and/or testing methods, where applicable, are considered.
• Shelby tube samplers to obtain intermittent relatively undisturbed soil samples.
• Split -spoon sampler to obtain intermittent disturbed samples of sandy soils or hard formation in
accordance with the Standard Penetration Test (SPT).
• Texas Department of Transportation Cone Penetrometer to measure general strength of rock or
rocklike formation.
Field drilling and sampling operation will be performed in general accordance with the applicable ASTM
procedures and local practice experience. At the completion of field operation, boreholes will be backfilled to
the surface using on -site materials.
LABORATORY TESTING
The samples obtained from the test borings will be visually examined and described in the laboratory.
Representative samples will be selected for index, strength, and swell testing in general accordance with the
applicable ASTM procedures. Depending on the nature of subsurface materials encountered in the borings and
where applicable, the following routine laboratory tests are considered:
➢ Moisture contents and dry unit weight determinations.
➢ Atterberg limits (Liquid and Plastic limits) tests.
➢ Unconfined compressive strength tests on soils.
➢ One -Point swell test.
➢ Percent Passing a No. 200 Sieve.
PRELIMINARY ANALYSES AND REPORT PREPARATION
The results of the field and laboratory data will be evaluated to develop prelintinary geotechnical information. A
report will be prepared and will include the following.
➢ Plan of borings, boring logs, and laboratory test results.
➢ Subsurface conditions at the boring locations.
➢ Preliminary evaluation of the swell characteristics of the subsurface soils.
➢ Preliminary geotechnical related information.
➢ Earthwork construction.
Client (and other parties as directed by client), will be provided with digital (pd� copy of the report. Printed
copies of the report will be provided upon request.
Geotechnical Engineering • Construction Materials Testing • Environmental Services
www.dallasfargo.com
Proposal No. PG16-2754
Page 3 of 4 FARGO CONSULTANTS, INC.
ANTICIPATED SCHEDULE AND COST
The field exploration will be scheduled shortly after receipt of a copy of this proposal signed by the client and
after obtaining, if needed, additional site information. Field coordination, drilling and sampling, should be
finished within 5 to 7 days with favorable weather conditions and assuming no site related difficulties in
accessing the boring locations. Laboratory testing and preparation of the report will require an additional 12 to
14 working days.
The total cost estimate and breakdown of the cost are shown on the attached Enclosure ##1 and are based on the
scope of work outlined herein. If unanticipated conditions are encountered, we will notify you accordingly. Our
services will be performed in accordance with the attached Terms and Conditions and our fees for the services
performed are due upon presentation of our invoice, as stated in Enclosure #2.
The payment(s) for our services as described in this proposal is independent of funds to be provided to the
Client by financial institutions, closing date for approval of the funds, and any other related conditions the Client
may be subject to before receiving their funds for the project.
Geotechnical Engineering • Construction Materials Testing • Environmental Services
www.dallasfargo.com
Proposal No. PG16-2754
Page 4 of 4
FARGO CONSULTANTS, INC.
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. Please feel free to contact us if you have any
questions or need any additional information.
Sincerely,
FARGO CONSULTANTS, INC.
A194- �-�
Moe Munim, MSCE, P.E.
Engineering Division
Enclosures: (#1) Cost Estimate
(#2) Terms and Conditions
CLIENT ACCEPTANCE AND CONTACT INFORMATION
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Company,--,/11�
Name and Title (Please Print)
CLIENT Physical Address
4wy, —rk c7
City State Zip Code
cep
Telephone No. Fax No.
ate Address
Geotechnical Engineering • Construction Materials Testing - Environmental Services
www.dallasfargo.com
Proposal No. PG 16-2754-1
Enclosure # 1
COST ESTIMATE
Preliminary Geotechnical Exploration
90.6-Acre Tract
Anna, Texas
FIELD EXPLORATION
FARGO CONSULTANTS, INC.
Descri a
Quantitv
Unit Rate
Amount
Site Visit and Marking Boring Locations
3
$48.00 /hr.
$144.00
Mobilization of Drilling Equipment (within 30 miles
of Fargo office - Lump Sum)
1
350.00
350.00
Additional Mobilization Charge due to additional
milles - Lump Sum)
1
200.00
200.00
Core/Patch Existing Pavement
0
60.00 /ea.
0.00
Drilling and Intermittent Sampling (Flight Auger
Drilling)
100
14.00 /ft.
11400.00
Hollow Stem Drilling
0
16.00 /ft.
0.00
Texas Cone Penetration/SPT
4
16.00 /ea.
64.00
LABORATORY TESTING
Descri "
Quantitv
Unit Rate
Amount
Moisture Content Determination
16
$8.00 lea
$128.00
Dry Unit Weight
2
15.00 /ea
30.00
Soil Unconfined Compressive Strength
2
28.00 /ea
56.00
Atterberg Limits / Percent Passing No. 200 sieve
4
36.00 /ea
144.00
One Point Free Swell Test
2
78.00 /ea
156.00
ENGINEERING AND REPORT PREPARATION
Descri a Quantitv Unit Rate Amount
Engineering 4 $110.00 /hr. $440.00
Log Preparation and Drafting 2 45.00 /hr. 90.00
Report Preparation and Distribution(Lump Sum) 1 120.00 120.00
TOTAL COST ESTIMATE $33,322,00
Actual amount of field, laboratory, and en ineenng services may vary based on the actual field conditions encountered. The unit
fees presented above is valid for three months from the date of this proposal. Estimated cost does not include charges related to
locating underground private lines by a third pary.
Geotechnical Engineering - Construction Materials Testing • Environmental Services
www.dallasfargo.com
Proposal No. PG 16-2754
Enclosure #2 (Page 1 of 2) FARGO CONSULTANTS, INC
TERMS AND CONDITIONS
li nt
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 Responsibilities and Risks
• Right of Entry - Unless otherwise agreed Client will notify all owners, lessees, contractors and other possessors of the project site to
furnish 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.
• Utilities and Pipelines - Client agrees to hold Fargo and its officers, agents, employees, and subcontractors harmless for any claims,
damages, penalties, fines and other liabilities related to any damage to such structures, pipelines, and utilities, if the correct location and
depth are not called to our attention and correctly shown on plans furnished to us. Client agrees to compensate Fargo for any time
spent or expenses incurred by Fargo in defense of any such claim.
Construction Monitoar
v
Unless stated in project documents, Fargo shall have no authority to reject or terminate the work of any agent or contract of Client. No
action, statements, or communications of Fargo, or Fargo's site representative can be construed as modifying any other agreement. Fargo's
presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained by Client
to provide construction related services. Neither the professional activities of Fargo, nor the presence of Fargo or its employees,
representatives, or subcontractors on the Project Site, shall be construed to impose upon Fargo any responsibility for methods or quality of
work performance, sequencing of construction, or safety conditions at the Project site. Client acknowledges that Client or its general
contractor is solely responsible for job site safety, and warrants and agrees that such responsibility shall be made evident in the Project
owner's agreement with the general contractor. Client also agrees to make Fargo an additional insured under any general contractor's
general liability insurance policy.
Relevaw Proigctl Site Recgxds
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.
Warra
• 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 $20,000 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.
Proiect Chamees
In the event Client, the Project owner, Architect, Structural/Civil Engineer or other party makes any changes in the plans and
specifications, Client agrees to defend and hold Fargo harmless from any liability arising out of such changes, and Client assumes full
responsibility for any liabilities arising out of such changes unless Client has given Fargo full prior notice of said changes and has received
Fargo's written consent for such changes.
Geotechnical Engineering • Construction Materials Testing • Environmental Services
www. dallasfargo. co
Proposal No. PG16-2754
Enclosure #2 (Page 2 of 2) FARGO CONSULTANTS, INC.
Ten 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 DisPu es
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
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 parties.
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 pertains to this Agreement or to any matter arising out of or related
to this Agreement.
Neither Client not 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.
Invoice and Payment
�r-
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 pap undisputed portions of
the invoice.
Client agrees to pay all costs and expenses, including reasonable attorneys 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.
Sam es
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.
Survival
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