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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 – 117 <br />accordance with Section 1-04.5 and Section 1-09.11. The Contractor shall keep full and <br />complete records of the costs and additional time of such suspension, delay, or interruption <br />and shall permit the Engineer to have access to those records and any other records as <br />may be deemed necessary by the Engineer to assist in evaluating the Notice. <br />The Engineer will determine if an equitable adjustment in cost or time is due as provided <br />in this section. The equitable adjustment for increase in costs, if due, shall be subject to <br />the limitations provided in Section 1-09.4, provided that no profit of any kind will be allowed <br />on increases in costs caused by the suspension, delay, or interruption. <br />Request for extensions of time will be evaluated in accordance with Section 1-08.8. <br />The Engineer’s determination as to whether an adjustment should be made will be final. <br />By failing to follow procedures of Section 1-04.5 and Section 1-9.11, the Contractor <br />completely waives claims for protested Work. <br />1-08.6(1) Suspension Procedures <br />(******) <br />The City may, at its convenience and at any time and without cause, suspend all or any <br />part of the Work by notice in writing to the Contractor. The Contractor will be allowed an <br />increase in the Contract Sum or an extension of Contract Time, or both, directly <br />attributable to any suspension in accordance with the Change Order procedures in these <br />Special Provisions; provided, (1) the Contractor shall not be entitled to any increase to <br />the extent caused by the Contractor and (2) Contract Sum increases and Contract Time <br />extensions for suspension caused by Third Parties or Force Majeure Events are limited <br />as set forth in 1-09.11A(3)D THIRD PARTY CAUSED DELAYS AND FORCE MAJEURE. <br />The Contractor shall resume the Work within five (5) calendar days after receiving written <br />notice from the City to do so. <br />1-08.7 Maintenance During Suspension <br />Delete all of 1-08.7 and substitute the following: <br />Before and during any suspension (as described in Section 1-08.6) the Contractor shall <br />protect the Work from damage or deterioration. Suspension shall not relieve the <br />Contractor from anything the Contract requires unless this Section states otherwise. <br />At no expense to the City, the Contractor shall provide through the construction area a <br />safe, smooth, and unobstructed roadway, sidewalk, and path for public use during <br />suspension, as required in 1-07.23 PUBLIC CONVENIENCE AND SAFETY. This may <br />require a temporary road or detour. <br />If the Engineer determines that the Contractor failed to pursue the Work diligently before <br />the suspension, or failed to comply with the Contract or orders, then the Contractor shall <br />maintain the temporary roadway, sidewalk, and path in use during suspension. In this <br />case, the Contractor shall bear the maintenance costs. If the Contractor fails to maintain <br />the temporary roadway, sidewalk, and path the City will do the Work and deduct all <br />resulting costs from payments due to the Contractor. <br />If the Engineer determines that the Contractor has pursued the Work diligently before the <br />suspension, then the City will maintain the temporary roadway, sidewalk, and path (and <br />bear its cost). This City-provided maintenance work will include only routine maintenance <br />of: <br />1. The Traveled Way, Auxiliary Lanes, Shoulders, detour surface, sidewalks, and <br />paths, <br />2. Roadway drainage along and under the traveled Roadway, sidewalk, path or <br />detour, and