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-115 1-08.7 Maintenance During Suspension Delete all of 1-08.7 and substitute the following: Before and during any suspension (as described in Section 1-08.6) the Contractor shall protect the Work from damage or deterioration. Suspension shall not relieve the Contractor from anything the Contract requires unless this Section states otherwise. At no expense to the City, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, and path for public use during suspension, as required in 1-07.23 PUBLIC CONVENIENCE AND SAFETY. This may require a temporary road or detour. If the Engineer determines that the Contractor failed to pursue the Work diligently before the suspension, or failed to comply with the Contract or orders, then the Contractor shall maintain the temporary roadway, sidewalk, and path in use during suspension. In this case, the Contractor shall bear the maintenance costs. If the Contractor fails to maintain the temporary roadway, sidewalk, and path the City will do the Work and deduct all resulting costs from payments due to the Contractor. If the Engineer determines that the Contractor has pursued the Work diligently before the suspension, then the City will maintain the temporary roadway, sidewalk, and path (and bear its cost). This City-provided maintenance work will include only routine maintenance of: 1. The Traveled Way, Auxiliary Lanes, Shoulders, detour surface, sidewalks, and paths, 2. Roadway drainage along and under the traveled Roadway, sidewalk, path or detour, and 3. All barricades, signs, and lights needed for directing traffic through the temporary Roadway, sidewalk, path or detour in the construction area. The Contractor shall protect and maintain all other Work in areas not used by traffic. All costs associated with protecting and maintaining such Work shall be the responsibility of the Contractor except those costs associated with implementing the TESC Plan according to Section 8-01. After suspension during which the City has done the routine maintenance, the Contractor shall accept the traveled Roadway, sidewalk, path or detour as is when Work resumes. The Contractor shall make no claim against the City for the condition of the Roadway or detour. After any suspension, the Contractor shall resume all responsibilities the Contract assigns for the Work. 1-08.8 Extensions of Time Delete the second paragraph of 1-08.8 and replace with: In evaluating requests for time extension, the Engineer will consider how well the Contractor used the time from Contract execution up to the point of the delay and the effect the delay had on any completion times included in the Special Provisions. The Engineer will evaluate and issue a Written Determination. Delete the final two sentences of 1-08.8 and replace with: If the Contractor does not agree with the Engineer’s Written Determination, the Contractor shall provide Notice in accordance with Section 1-04.5. By failing to follow the procedures of Section 1-04.5 and Section 1-9.11, the Contractor completely waives claims for protested Work. Supplement 1-08.8 by adding the following: Any requests for extensions in Contract Time, whether resulting from Extra Work directed by the City or not, shall be accompanied by an analysis of schedules using the