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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 100 <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 <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.