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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 116 <br />1-08.5(3) Acceptance of Work <br />(******) <br />Upon completion of the Project, including, but not limited to, record drawings, as-builts, <br />required reports and operations and maintenance manuals, the Contractor shall so notify <br />the City’s Representative in writing. Upon receipt of the notification, the City’s <br />Representative will promptly, by personal inspection, determine the actual status of the <br />Work in accordance with the terms of the Contract. If the City’s Representative finds <br />materials, Equipment, or workmanship that do not meet the terms of the Contract, it will <br />prepare a Punch List of such items and submit it to the Contractor. Following completion <br />of the corrective work by the Contractor, the City’s Representative will notify the City that <br />the Work has been completed in accordance with the Contract. The City shall make the <br />final determination of acceptability and completion. For portions of the Project not <br />previously accepted as substantially complete, the conditions of guarantee shall <br />commence on the date that the City determines the Project is complete. <br />1-08.6 Suspension of Work <br />Delete 1-08.6 and substitute the following: <br />The Engineer may order suspension of all or any part of the Work if: <br />1. Unsuitable weather prevents satisfactory and timely performance of the Work; <br />or <br />2. The Contractor does not comply with the Contract; or <br />3. It is in the public interest. <br />When ordered by the Engineer to suspend or resume Work, the Contractor shall do so <br />immediately. <br />If the Work is suspended for reason (1) above, the period of Work stoppage will be counted <br />as unworkable days. But if the Engineer believes the Contractor should have completed <br />the suspended Work before the suspension, all or part of the suspension period may be <br />counted as working days. The Engineer will set the number of unworkable days (or parts <br />of days) by deciding how long the suspension delayed the entire project. <br />If the Work is suspended for reason (2) above, the period of Work stoppage will be counted <br />as working days. The lost Work time, however, shall not relieve the Contractor from the <br />Contract responsibility. <br />If the performance of all or any part of the Work is suspended, delayed, or interrupted for <br />an unreasonable period of time by an act of the City in the administration of the Contract, <br />or by failure to act within the time specified in the Contract (or if no time is specified, within <br />a reasonable time), the Engineer will make an adjustment for increases in the cost or time <br />for the performance of the Contract (excluding profit) necessarily caused by the <br />suspension, delay, or interruption. However, no adjustment will be made for suspensions, <br />delays, or interruptions if (1) the performance would have been suspended, delayed, or <br />interrupted by other causes, including the fault or negligence of the Contractor, or (2) an <br />equitable adjustment is provided for or excluded under another provision of the Contract. <br />If the Contractor believes that the performance of the Work is suspended, delayed, or <br />interrupted for an unreasonable period of time and such suspension, delay, or interruption <br />is the responsibility of the City, the Contractor shall immediately submit a written Notice to <br />the Engineer within 14 calendar days of the start of the suspension delay or interruption <br />requesting an equitable adjustment. No adjustment shall be allowed for costs incurred <br />more than 14 calendar days before the date the Engineer receives the Contractor’s written <br />Notice. The Engineer will issue a Written Determination to the Contractor and adjust <br />payment and time in accordance with this section, if warranted. If the Contractor does not <br />agree with the Written Determination, then the Contractor may pursue remedies in