City May Suspend Work. The City may, at any time and without cause, suspend the Work or any portion of the Work for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the date fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes a claim as provided in Articles 14 and 15.
City May Suspend Work. A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City.
City May Suspend Work. 1. Without invalidating the Contract Documents, and without notice to any surety, City may, at any time, order Contractor in writing to stop, delay or interrupt Work for such a period of time as City may deem appropriate. Upon receipt of that order, Contractor shall immediately proceed in accordance with any specific provisions or instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the suspension order.
2. If any suspension of Work under this subsection causes an increase or decrease in Contractor’s time required to perform or complete any part of the Work, City shall make a change in Contract Time; except that no change in Contract Time will be made for any suspension of Work to the extent that performance would have been suspended anyhow by causes not meeting the criteria for change orders, or for which an adjustment is provided or excluded under any other provision of the Contract Documents.
3. The parties further recognize that the safety of the public is of paramount concern. Therefore, the parties agree that any breach of the Contract Documents by Contractor related to the life, safety or health of the public shall be considered a material breach of the Contract Documents. Upon a material breach of the Contract Documents related to life safety, as determined by the Engineer, the Engineer shall have the right to issue a stop work order suspending the Work or any specific portion of the Work until the conditions are corrected. If the life safety conditions giving rise to the stop work order are not corrected by the Contractor within a reasonable time, as determined by the Engineer, then the material breach shall entitle City to terminate Contractor’s performance of work under this Contract for cause. The recognition of breaches of the provisions of the Contract Documents related to life safety, as material breaches shall not be construed as a limitation on other remedies for breaches or material breaches of the Contract Documents. Contractor shall not be entitled for an extension of the Contract Time for a suspension of the Work pursuant to this Article VIII, paragraph D 3.
