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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 &4t,4- t- {!) 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