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HomeMy WebLinkAbout41-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 41-17 File Number: 2017-0014 LAKE SEQUOYAH DREDGING FACILITIES: A RESOLUTION TO APPROVE A NEW CAPITAL PROJECT FOR CONTINUED CONSTRUCTION OF DREDGING FACILITIES AT LAKE SEQUOYAH, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $503,242.00 TO FUND THE PROJECT 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 approves a new capital project for continued construction of dredging facilities at Lake Sequoyah by City staff. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $503,242.00 to fund the project. PASSED and APPROVED on 2/7/2017 Attest: W. - M � �'4 N � Sondra E. Smith, City Clerk Treasurer `y � vrr +.�U • r CYi._ ... : FA YETTEW LE Page 1 ��jj�� � • • * ■ •� ifed on 2/8/17 J�� 1j jl ll%%Ati�1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0014 Agenda Date: 2/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 11 LAKE SEQUOYAH DREDGING FACILITIES: A RESOLUTION TO APPROVE A NEW CAPITAL PROJECT FOR CONTINUED CONSTRUCTION OF DREDGING FACILITIES AT LAKE SEQUOYAH, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $503,242.00 TO FUND THE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a new capital project for continued construction of dredging facilities at Lake Sequoyah by City staff. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $503,242.00 to fund the project. City of Fayetteville, Arkansas Page 1 Printed on 21812017 5 City of Fayetteville Staff Review Form 2017-0014 Legistar File ID ?/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 1/12/2017 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION APPROVING A NEW CAPITAL PROJECT TO BE CREATED FOR THE CONTINUED CONSTRUCTION OF DREDGING FACILITIES AT LAKE SEQUOYAH AND APPROVING A BUDGET ADJUSTMENT OF $503,242.00 TO MOVE BUDGETED FUNDS TO THE NEW CAPITAL PROJECT. Budget Impact: 5400.720.5600-5808.00 Water/Sewer Account Number 17004.1 Project Number Fund- Lake-Sequoyah Sediment Removal/Dredging Project Project Title Budgeted Item? No Current Budget $ Funds Obligated $ Current Balance Does item have a cost? Yes Item Cost $ 503,242.00 Budget Adjustment Attached? Yes Budget Adjustment $ 503,242.00 Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Tay —V1• 01 T ARKANSAS MEETING OF FEBRUARY 7, 2017 TO: Mayor and City Council FROM: Tim Nyander, Utilities Director DATE: January 12, 2017 CITY COUNCIL AGENDA MEMO SUBJECT: Approval to Perform a Budget Adjustment in the amount of $503,242.00 and create a Capital Project for the Continued Construction of Dredging Facilities at Lake Sequoyah RECOMMENDATION: City Staff recommends approval of performing a budget adjustment of $503,242.00 and creating a capital project for the continued construction of dredging facilities at Lake Sequoyah BACKGROUND: For the past four years, CH2M has had contained in their Operations, Maintenance and Management Services Contract funding for the initiation of a full-scale dredging project for Lake Sequoyah (sediment removal). These four years have been focused on the design and construction of project infrastructure which included the purchase and placement of access bridges, temporary dredging activities to accumulate material for berm construction, and one or two redesigns of areas within the project. DISCUSSION: Utilities staff believes that the continuation of the infrastructure aspect of this project will be better served if the City takes over the remaining construction needs in-house. We feel that greater economies of scale cost advantages can be achieved in the bidding, procurement, engineering and inspection of the project by utilizing various city staff members. City staff is requesting the creation of a Capital Project to continue with this dredging project. A budget adjustment of $503,242.00 will remove the 2017 Lake Sequoyah funding, currently in the Wastewater Treatment Plants Operating Budget, and place the funds in a new Lake Sequoyah Capital Project. This item was presented to the Water, Sewer & Solid Waste Committee on January 10, 2017, and was approved 3-0 to be forwarded to the City Council. BUDGET/STAFF IMPACT: Funds for the Lake Sequoyah Sediment Removal/Dredging Project are budged within the Wastewater Treatment Plant 2017 operational budget. A budget adjustment is attached to move the budgeted funds to a new capital project for the continued construction of dredging facilities at Lake Sequoyah. Attachments: Staff Review Form Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 C11ZM0 I November 28, 2016 Tim Nyander City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Subject: Out of Scope Agreement Lake Sequoyah Sediment Removal 2016 Site Development Construction Project What is being provided: Lake Sequoyah Sediment Removal Project, 2016 Site Development Construction Project per the Attached Exhibit A - Statement Of Work. When it is being provided: Services are expected to commence upon execution of this Agreement. Price of services: CH2M will utilize the 2016 Lake Sequoyah Rebateable Budget Estimate of costs: Estimated at approximately $267,709 plus 10% Contingency = $294,480 total (This includes 15% mark up on labor and 10% mark up on expenses.) Payment terms: Since the Price of Services utilizes the existing Lake Sequoyah Rebateable Budget, the payment terms are established in the O&M Agreement. Exhibit B, Construction Terms, is hereby made part of this agreement for this specific scope of work only. All other terms and conditions of the Agreement dated December 15, 2009, as amended November 16, 2010, November 15, 2011, November 20, 2012, November 19, 2013, December 16,2014 and December 1, 2015 in connection with the dredging project, between CH2M HILL and The City of Fayetteville remain in full force and effect. If these terms are agreeable to you, please sign both copies of this letter. We will return one fully executed original for your files. CH2M HILL appreciates the opportunity to provide these additional services to the City of Fayetteville. Sincerely, Steve Carpenter Regional Business Manager Both parties indicate their approval of the above-described services by their signature below. Authorized CH2M HILL: A4ame- 'd City of Fayetteville, Arkansas dam... Name:11-J-9-2 /A 1Tiott Wheeler i eld Jordan Title: Senior Designated Manager Title: ayor Date: 04. AMA °2 1-1- Date: n - EXHIBIT A Lake Sequoyah Sediment Removal Project 2016 Site Development Construction Out -of- Scope Jeff Hickle 10/18/16 CH2M will perform/coordinate completion of the following Construction Services on behalf of Client for the Project described on page 2 of this EXHIBIT A. The below scope of services describes what work will be completed for this project phase: TASK 1: Site Development I, Maintain all authorization(s) pertaining to Site Development Construction. a. Department of the ARMY, Little Rock District CORPS of Engineers Section 404 permit guidance b. ADEQ Notice of Coverage (NOC) & Stormwater Construction General Permit c. Project Site Map, Erosion Control Plan & SWPPP TASK 2: Heavy Equipment Temporary Access Surface to WEST Bridge Installation Work Areas II. Provide stable surface for temporary access of heavy equipment required for bridge installations. a. See SOW Description, Details & Sketches i. Excludes excavation, backfill or compaction related to Service Drive construction ii. Excludes permanent installation of metal culverts TASK 3: WEST & EAST 45 foot Modular, Steel Bridge Crossings Installation III. Coordinate all construction services for WEST and EAST bridge installations per CH2M engineer design drawings and BIG-R-BRIDGE'As-Built' design drawings. a. Installation of CH2M engineered concrete abutments b. Placement & Assembly of modular, steel bridge sections L Excludes any decking backfill or permanent Service Drive backfill ii. Excludes any construction work on MSE -wall installation REFERENCES: CH2M 2016 Lake Sequoyah Basin 3 Site Development Plan Drawings CH2M 2016 Lake Sequoyah Bidding Requirements & Contract Documents Big R Bridge MODULAR Bridges 'As -Built' Design Drawings Big R Bridge MODULAR Bridge Installation Guide Lake Sequoyah Sediment Removal Project Site Development Scope Heavy Equipment Access to Bridge Install Work Area Jeff Hickle 10/14/16 Description: 2016 Site Development will include installation of 2, 45' long modular steel bridges for improved project site access. A temporary stone -gravel surface is required to facilitate bridge installation providing heavy equipment access — namely concrete & pumper trucks, 50' trailer & truck — to the respective work area. Bridge installation activities are scheduled to begin the week starting Oct 24th, 2016. The following is a scope -of -work description of the temporary surface for heavy equipment access to work area. References: see Illustrations #1 Heavy Equipment Access to Bridge Work Area a. Extension of existing WEST Construction Entrance approximately 480 total In feet south-west to Bridge Work Area. i. 430 In ft x 18 ft w x 1.0 ft th = 300 CY stone -gravel ii. 50 ft x 30 ft x 1.25 ft (Equipment Pad) = 70 CY stone -gravel iii. 1, 025 SY; 4" Gravel -Aggregate Cap = 115 CY gravel b. Site Work to include: L No excavation of existing top -soil. ii. Placement of geotextile fabric layers between native soil and stone - gravel backfill from STA 13+60 to 14+75 1. 2, 15' wide geotextile sheets, parallel to traffic direction, side-by- side, with 12' overlap along route centerline. 2. Additional geotextile layering sufficient to cover area underneath the 30'x50' Equipment Pad area(s). 3. Geotextile Fabric provided by CH2M �s c c Crossing`=�� d _ Arj_ WEST .. ! Geotextile Under -lay 13+60 — 14+75 Equipment Pad constniction Entrance - WEST EAST Bridge Crossing . � ♦ . � y , a art" ti t - �� ."+ s.. �. 4 9y 1 _Goode earth EXHIBIT B CONSTRUCTION SERVICES SPECIFIC SERVICES: Fayetteville, Lake Sequoyah Sediment Removal Project, 2016 Site Development Construction Out -of --Scope Project (collectively, the "Project" or the "Work") SUPPLEMENTAL TERMS AND CONDITIONS: The following terms and conditions supplement the terms and conditions of the Agreement with regard to this Out -of -Scope work. In the event of ambiguity or conflict with these Supplemental Terms and Conditions and the terms and conditions of the Agreement or Exhibits/Attachments incorporated therein, these Supplemental Terms and Conditions shall govern. 1. Definitions 1.1 "Beneficial Use" means the use of the applicable property, equipment or process for its intended purpose. 1.2 A "Change Order" is a written order to CH2M HILL signed by CLIENT, issued after the execution of the Agreement, authorizing a Change in the Work or an adjustment in the Contract Price or Contract Time. A Change Order signed by CH2M HILL shall be considered an amendment to the Agreement. 1.3 The "Contract Price" is the amount payable to CH2M HILL, including adjustments thereto, for completion of the Work in accordance with the Contract Documents. 1.4 The "Contract Time" is the period of time allotted in this Agreement for completion of CH2M HILL's Work, including adjustments thereto. 1.5 "Force M ieure" means any event or condition which has an effect on the rights or obligations of the parties under this Agreement, or upon the Project, which is beyond the reasonable control of the party relying thereon and constitutes a justification for a delay in or non-performance of action required by this Agreement, including but not limited to (i) an act of God, landslide, lightening, earthquake, hurricane, tornado, fire, explosion, flood, failure to possess sufficient property rights, acts of the public enemy, war blockade, sabotage, insurrection, riot or civil disturbance or a pandemic event; (ii) any change in Laws/Regulations; (iii) labor disputes, strikes, work slowdowns or work stoppages, but excluding labor disputes, strike or work slowdowns or stoppages by employees of CH2M HILL; (iv) the presence of Hazardous Waste; (v) the existence or discovery of differing subsurface conditions; and (vi) loss of or inability to obtain service from a utility necessary to furnish power for the operation and maintenance of the Project. 1.6 "Hazardous Waste" means asbestos, PCB's, petroleum, radioactive material and any other toxic substances, in whatever form or states that is known or suspected to adversely effect the health and safety of humans or of animal or plant organisms, or which are known or suspected to impair the environment in any way whatsoever and shall include but not be limited to substances with the meanings provided in Section 4004 of the Solid Waste Disposal Act (42 USC 6903); Section 9601(14) of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601(14); as listed or designated under Sections 1317 and 1321(b)(2)(a) of Title 33 (33 USC 1317 and 1321(b)(2)(a)) or as defined, designated or listed under United States OSHA any other Federal, State or local law, regulation or ordinance concerning hazardous wastes, toxic substances or pollution. 1.7 "Liens" are mechanics' and materialmen's liens, security interests or encumbrances on real or personal property. CONSTRUCTION SERVICES AGREEMENT PAGE 1 OF 6 1.8 "Laws/Regulations" are applicable laws, rules, regulations, ordinances, codes or orders, including those relating to equal employment opportunity and affirmative action, of any governmental bodies, agencies, authorities and courts having jurisdiction. 1.9 "Substantial Completion" of the Work, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Contract Documents so that CLIENT can occupy or utilize the Project, or a designated portion, for the use for which it is intended. 2. Construction Obligations. CH2M HILL shall furnish all supervision and labor, materials, tools, equipment, unloading, taxes, insurance and other things necessary to perform and complete this Agreement. Work performed under this Agreement may be performed using labor from affiliated companies of CH2M HILL. 3. CLIENT Obligations 3.1 Site. CLIENT will obtain, arrange and secure at its own expense all permits, licenses, approvals, legal or administrative orders, deposits, land, easements, rights-of-way, and access necessary for CH2M HILL to perform this Agreement. CH2M HILL may rely upon the accuracy of soils reports, subsurface investigations, legal limitations and legal descriptions, and any other information provided by CLIENT. CLIENT shall furnish such information in its possession as CH2M HILL may request and shall immediately transmit to CH2M HILL any new information and any changes in plans resulting from such information. CLIENT shall be responsible for the location of any installation or underground utilities. 3.2 Authorized Representative. CLIENT's representative is fully acquainted with the Work and has authority on behalf of CLIENT to approve design submittals, changes in the Work, execute Change Orders, approve daily reports, render decisions promptly, and furnish information expeditiously and in time to meet the schedule for completion of the Work. 3.3 Underground Utilities. Unless specified to the contrary in the Contract Documents, CLIENT shall be responsible for the location of any installation or underground utilities. 4. Safety/Emergencies: 4.1 CH2M HILL shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the site. CH2M HILL, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of this Agreement, necessary safeguards for the protection of workers and the public. CH2M HILL, however, shall not be responsible for the elimination or abatement of safety hazards created or otherwise resulting from work at the site carried on by CLIENT or its employees, agents, separate contractors or tenants. CLIENT agrees to cause its employees, agents, separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve CH2M HILL's subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 4.2 In an emergency affecting the safety of persons, work or property at the site and adjacent thereto, CH2M HILL will act at its discretion to protect the persons, property and Work from the threatened damage and will notify CLIENT as soon as practicable. The Contract Price and Contract Time shall be equitably adjusted pursuant to Section 7 below. 5. Force Majeure: Either party may suspend the Work on account of delays that may result from Force Majeure, provided that CH2M HILL shall be entitled to an adjustment in Contract Time and Contract Price pursuant to Section 7 below. CONSTRUCTION SERVICES AGREEMENT PAGE 2 OF 6 6. Differing Site Conditions: 6.1 Notice. CH2M HILL shall promptly, and within a reasonable time after it has knowledge of the condition, give a written notice to CLIENT of: 6.1.1 physical, subsurface, structural, soil, chemical or other conditions at the Site which differ materially from those indicated in the Contract Documents or information furnished by CLIENT; or 6.1.2 physical, subsurface, structural, soil, chemical or other conditions which differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character in the Contract Documents. 6.2 Adiustment to Contract Time /Contract Price. If the conditions cause an increase or decrease in CH2M HILL's cost of or time required for, performing any part of the Work, whether or not changed as a result of the conditions, the Contract Price or Contract Time will be modified by mutually agreed Change Order in accordance with Section 7. 6.3 Cessation of Work. CH2M HILL may, in its discretion, cease work in the affected portions of the Work upon giving notice of such differing condition and shall not be required to resume performance until a Change Order has been mutually agreed. 7. Changes; Delays; Adjustments in Contract Price/Time 7.1 Changes. CLIENT and CH2M HILL may, without invalidating this Agreement, make or request changes, revisions, additions, deletions (collectively referred to as "Changes") within the scope of the Work by written notice. CH2M HILL will notify CLIENT within a reasonable time of any claim for an adjustment in the Contract Price and Contract Time. CH2M HILL is not required to perform Changes in the absence of an agreed Change Order. 7.2 Delays. If CH2M HILL is delayed in the prosecution or completion of the work by any act or neglect of CLIENT, its employees or agents, or by Force Majeure, suspension of the Work by CH2M HILL for CLIENT's convenience, or for any other causes without the fault or control of CH2M HILL, CH2M HILL will give timely notice to CLIENT of the cause of the potential delay and estimate the possible time and/or compensation adjustment involved. After the cause of delay has been remedied, CH2M HILL will give notice to CLIENT of any actual time or compensation adjustment requested as a result of the aforementioned occurrence. 7.3 AJustment in Contract Price /Time. Promptly after CH2M HILL submits to CLIENT a written request for an adjustment of Contract Time and/or Contract Price, CLIENT will issue a Change Order for execution. 8. Limitation of Scope of Services: 8.1 CLIENT acknowledges that, except to the extent included in the Work, CH2M HILL has had no role in generating, treating, storing or disposing of Hazardous Waste which may be present at the Project Site and CH2M HILL has not benefited from the processes that produced such Hazardous Waste. No Hazardous Waste encountered by CH2M HILL in performing, or associated with, the Work shall at any time be or become the property of CH2M HILL. Any arrangements made by CH2M HILL for the treatment, storage, transport or disposal of any hazardous waste are made solely and exclusively for the benefit of owner using owner's EPA generator identification number(s) when required and shall not result in any liability of CH2M HILL under this agreement or with respect to the hazardous waste. CLIENT shall handle all hazardous waste in compliance with applicable laws and regulations and shall sign manifests and obtain generator identification numbers when required by laws and regulations. If required by the contract documents, CH2M HILL shall furnish the names of facilities currently licensed to accept CONSTRUCTION SERVICES AGREEMENT PAGE 3 OF 6 hazardous waste, but it shall be owner's sole responsibility to select those to be engaged. Nothing contained in this Agreement shall confer on CH2M HILL the status of (a) a generator, storer, disposer or treater of Hazardous Waste, (b) the party who arranged for the disposal of Hazardous Waste, or (c) a Hazardous Waste disposal facility, as provided in any Law or Regulation. 8.2 To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CH2M HILL, Subcontractors and Sub -subcontractors, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by hazardous waste. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. 9. Warranties and Completion. 9.1 CH2M HILL warrants that all materials and equipment furnished under this Agreement and the pertinent Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of this Agreement or of a designated portion. CH2M HILL agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and materials within a period of one year from the date of Beneficial Use or Substantial Completion, whichever occurs first. 9.2 Those products, equipment, systems or materials incorporated in this Agreement at the direction of or upon the specific request of CLIENT shall be covered exclusively by the warranty of the manufacturer. There are no warranties that extend beyond the description on the face thereof. 9.3 ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 10. Liens. CH2M HILL will promptly pay for all services, labor, material and equipment used or employed in performance of any Agreement and will maintain the Project free and clear of Liens arising from its work. CLIENT will promptly give CH2M HILL a copy of any Notice of Lien or claim received by CLIENT from any subcontractor or supplier engaged by CH2M HILL or any of its subcontractors prior to final payment. As requested, CH2M HILL will furnish certification that all of its obligations on the Project have been satisfied and that all claims and indebtedness have been paid. 11. Substantial Completion, Acceptance, and Final Payment 11.1 Substantial Completion Generally. Unless a date for Substantial Completion is previously agreed, when the drawings and specifications are sufficiently complete, the parties shall establish a date of Substantial Completion and any agreed schedule shall be updated to reflect such a date. CLIENT and CH2M HILL recognize that time is important in the performance of this Agreement and that CLIENT will enjoy substantial benefit if this Agreement is completed by the Substantial Completion date set forth in any agreed schedule. CH2M HILL shall use its best efforts to complete Services pursuant to each Agreement by the Substantial Completion date. Substantial Completion of the Services, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Contract Documents so that CLIENT can occupy or utilize the Project, or a designated portion, for the use for which it is intended. 11.2 Notice of Substantial Completion. CH2M HILL will notify CLIENT when the construction work is substantially complete. Within 5 business days, CLIENT shall inspect the work and furnish a certificate of acceptance or notify CH2M HILL in writing of any work requiring completion or correction. CONSTRUCTION SERVICES AGREEMENT PAGE 4 OF 6 Upon Substantial Completion, CLIENT shall pay CH2M HILL the unpaid balance of this Agreement price, less a sum equal to CH2M HILL's estimated cost of completing any unfinished items. Each month thereafter, CLIENT shall pay CH2M HILL the amount retained for unfinished items as each item is completed. 11.3 Acceptance and Final Payment. Within five business days after receiving notice from CH2M HILL that the work is completed or corrected, CLIENT will issue a certificate of acceptance. Final payment will be due within 15 days after the certificate of acceptance is issued. CH2M HILL shall be relieved of any further responsibility for the Services under this Agreement except for re -performance pursuant to Section 9 above. If CLIENT fails to issue such certificate or notice within the specified time, the Services under this Agreement shall be deemed to be accepted for all purposes hereunder. 11.4 Waiver of Claims. Final payment shall constitute a waiver of all claims by CLIENT except those previously made in writing and identified by Client as unsettled at the time of acceptance and those arising during the warranty period pursuant to Section 9 above. Acceptance of final payment shall constitute waiver of all claims by CH2M HILL except those previously made in writing. 12. Termination for Cause: This Agreement may be terminated for cause if (a) either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within five (5) days of written notice and diligently complete the corrections thereafter or (b) if CH2M HILL does not receive payment pursuant to Article 3 of the Agreement. CH2M HILL will be paid for all Work up to the termination date. Neither party shall be liable to the other for consequential damages. 13. Suspension of Work by CLIENT: CH2M HILL will, upon written notice from CLIENT, suspend, delay, or interrupt all or a part of the Work. In such event, CH2M HILL will resume work upon written notice from CLIENT, and the Contract Time will be extended and Contract Price will be adjusted for demobilization, remobilization, standby and other costs incurred. If CLIENT does not direct CH2M HILL to resume work within 90 days, CH2M HILL may, in its discretion, treat the suspension as a Termination for Convenience pursuant to Article 6.5.1 of the Agreement. 14. Insurance 14.1 In addition to the Insurance required pursuant to Section 4.9 of the Agreement, CH2M HILL will maintain throughout the term of this Project the following insurance and will, if requested, submit certificates verifying such to CLIENT: 14.1.1 Builder's Risk Property Insurance including work and materials, upon the entire project for the full replacement cost at the time of loss. This insurance shall include as additional insureds CLIENT, Subcontractors and Sub -subcontractors. The policy shall insure against direct risk of physical loss or damage including flood or other water damage, earthquake, transit, off premises storage, boiler and machinery, delay in opening, testing (both hot and cold), and damage resulting from defective design, or faulty workmanship or materials. Minimum deductible for all risks perils, flood, earthquake, business interruption, and delay in opening are subject to prevailing market conditions. 14.2 Waiver. The CLIENT and CH2M HILL waive all rights against each other, the Engineer, and any of their respective employees, agents, consultants, Subcontractors and Sub -subcontractors, for damages caused by risks covered by the Builder's Risk Insurance to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by CLIENT and CH2M HILL as trustees. CH2M HILL shall require similar waivers from the Engineer and all Subcontractors, and shall require each of them to include similar waivers in their sub -subcontracts and consulting agreements. The CLIENT waives subrogation against CH2M HILL, Engineer, Subcontractors and Sub -subcontractors on all property and consequential loss policies carried by CLIENT on adjacent CONSTRUCTION SERVICES AGREEMENT PAGE 5 OF 6 properties and under property and consequential loss policies purchased for the Project after its completion. 14.3 Additional insureds; Cancellation. All insurance certificates will provide that the insurance carrier will give CLIENT 30 days' notice of cancellation of the policies. CLIENT will be named as additional insured on the Automobile Liability and Commercial General Liability coverage. CONSTRUCTION SERVICES AGREEMENT PAGE 6 OF 6 a City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division /0rg2 WATER SEWER (720) 2017 Adjustment Number I Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed to move budgeted funds within the Wastewater Treatment Plant operational budget to set up a new captial project for continued dredging facilities at Lake Sequoyah. RESOLUTION/ORDINANCE TOTAL - - Account Number 5400.720.5600-5808.00 5400.730.5100-5328.00 COUNCIL DATE: 2/7/2017 LEGISTAR FILE ID#: 2017-0014 503,242 - 17004 1 (503,242) - 1/24/2017 7:20 AM Budget Director Date TYPE: DESCRIPTION: GLDATE: POSTED: v.20161021 Increase / (Decrease) ��,I Expense Revenue Project Sub 503,242 - 17004 1 (503,242) - 48048 510 AT Account Name EX Water Line Improvements -Water Line Irr EX PCP Operation Contract - PCP Operation ( CAUsers\Ismith\AppData\Roaming\L5\Temp\3ec21 cfd-281 a-49el-83fc-81867aa8516d 1 of 1