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Section 5: Temporary Suspension of Work or Work Day Charges

In accordance with Article 8.4, whenever work is suspended, wholly or in part, provide the contractor with written notice stating the reason(s) for the suspension. Prior to time charges resuming, provide the contractor with written notice directing the resumption of work by a specified date. Non-critical work may continue during suspension as determined by the Engineer. Time suspensions may not be issued when critical path activities are being performed.

Any request from the contractor to suspend time and working day charges, must be in writing. Email is acceptable.

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Reasons for Temporary Suspension of Work

Work may be suspended for the following reasons:

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  • failure to comply with the contract,
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  • failure to keep insurance coverage in force as provided in Section 3.4.3, “Insurance,” of the Standard Specifications,
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  • failure to provide workers or equipment as provided in Article 4.1, “Contract Intent,”
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  • failure to provide a contract Superintendent on the project, or failure to provide a Superintendent that meets the criteria set forth under Article 5.5, “Cooperation of Contractor,”
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  • prior to default, for investigation of apparent fraud or other unfixable conduct, as provided in Article 8.7, “Default of Contract,”
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  • unsuitable weather or soil conditions,
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  • unusual conditions that affect the work and are not usually associated with highway construction,
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  • conditions that threaten the safety of the workers, public, and nearby property.
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Reasons for Temporary Suspension of Working Day Charges

Per Article 8.4, “The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing.”

When part of the work is suspended, the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend working day charges. Examples for temporary suspension of working day charges:

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  • Safety of the traveling public and contractor due to external circumstances such as increased heavy holiday traffic
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  • In preparation for hazardous weather conditions for safety purposes at Engineers direction
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  • Performance or vegetative establishment periods where no critical path activities are performed
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  • At the Area Engineer's discretion for flexible start dates for projects

A contractor cannot be placed under a time suspension of working day charges to complete critical path activities whether added by change order or originally included in the project. In addition, reasons within the contractor's control do not constitute a suspension of working day charges. Work not requiring an inspector to be present or no need for traffic control is not a reason for time suspension. However, it may be a reason for not charging a working day per Item 8 of the specification.

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