Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 101 <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 <br />3. All barricades, signs, and lights needed for directing traffic through the <br />temporary Roadway, sidewalk, path or detour in the construction area. <br />The Contractor shall protect and maintain all other Work in areas not used by traffic. All <br />costs associated with protecting and maintaining such Work shall be the responsibility of <br />the Contractor except those costs associated with implementing the TESC Plan according <br />to Section 8-01. <br />After suspension during which the City has done the routine maintenance, the Contractor <br />shall accept the traveled Roadway, sidewalk, path or detour as is when Work resumes. <br />The Contractor shall make no claim against the City for the condition of the Roadway or <br />detour. <br />After any suspension, the Contractor shall resume all responsibilities the Contract assigns <br />for the Work.