Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-114 unworkable days (or parts of days) by deciding how long the suspension delayed the entire project. If the Work is suspended for reason (2) above, the period of Work stoppage will be counted as working days. The lost Work time, however, shall not relieve the Contractor from the Contract responsibility. If the performance of all or any part of the Work is suspended, delayed, or interrupted for an unreasonable period of time by an act of the City in the administration of the Contract, or by failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time), the Engineer will make an adjustment for increases in the cost or time for the performance of the Contract (excluding profit) necessarily caused by the suspension, delay, or interruption. However, no adjustment will be made for suspensions, delays, or interruptions if (1) the performance would have been suspended, delayed, or interrupted by other causes, including the fault or negligence of the Contractor, or (2) an equitable adjustment is provided for or excluded under another provision of the Contract. If the Contractor believes that the performance of the Work is suspended, delayed, or interrupted for an unreasonable period of time and such suspension, delay, or interruption is the responsibility of the City, the Contractor shall immediately submit a written Notice to the Engineer within 14 calendar days of the start of the suspension delay or interruption requesting an equitable adjustment. No adjustment shall be allowed for costs incurred more than 14 calendar days before the date the Engineer receives the Contractor’s written Notice. The Engineer will issue a Written Determination to the Contractor and adjust payment and time in accordance with this section, if warranted. If the Contractor does not agree with the Written Determination, then the Contractor may pursue remedies in accordance with Section 1-04.5 and Section 1-09.11. The Contractor shall keep full and complete records of the costs and additional time of such suspension, delay, or interruption and shall permit the Engineer to have access to those records and any other records as may be deemed necessary by the Engineer to assist in evaluating the Notice. The Engineer will determine if an equitable adjustment in cost or time is due as provided in this section. The equitable adjustment for increase in costs, if due, shall be subject to the limitations provided in Section 1-09.4, provided that no profit of any kind will be allowed on increases in costs caused by the suspension, delay, or interruption. Request for extensions of time will be evaluated in accordance with Section 1-08.8. The Engineer’s determination as to whether an adjustment should be made will be final. By failing to follow procedures of Section 1-04.5 and Section 1-9.11, the Contractor completely waives claims for protested Work. 1-08.6(1) Suspension Procedures (******) The City may, at its convenience and at any time and without cause, suspend all or any part of the Work by notice in writing to the Contractor. The Contractor will be allowed an increase in the Contract Sum or an extension of Contract Time, or both, directly attributable to any suspension in accordance with the Change Order procedures in these Special Provisions; provided, (1) the Contractor shall not be entitled to any increase to the extent caused by the Contractor and (2) Contract Sum increases and Contract Time extensions for suspension caused by Third Parties or Force Majeure Events are limited as set forth in 1-09.11A(3)D THIRD PARTY CAUSED DELAYS AND FORCE MAJEURE. The Contractor shall resume the Work within five (5) calendar days after receiving written notice from the City to do so.