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101.16 CONTRACTOR . The individual, partnership, corporation, or any combination thereof,
or joint venture contracting with the State for performance of the prescribed work. (The terms “Contractor” and “Bidder” are frequently used synonymously.)
101.17 COUNTY . The county in which the work specified is to be performed.
101.18 CULVERT . Any structure which provides an opening under the roadway but which
does not meet the classification of a "bridge" as defined in Subsection 101.06 .
101.19 DAILY CHARGE . The per diem rate for liquidated damages specified in the Contract
and so-established in accordance with the "Schedule of Liquidated Damages.” 101.20 DEPARTMENT . The Department of Transportation, as constituted under the laws of this State.
101.21 DIG SAFE . A one-call damage prevention system, established and funded by public
utilities that own and operate underground facilities within the State, for the purpose of receiving and giving notice of proposed excavation activity pursuant to Chapter 39-1.2 of the General Laws of Rhode Island entitled, EXCAVATION NEAR UNDERGROUND UTILITY FACILITIES.
101.22 DIVISION OF PURCHASES . A division in the Department of Administration of the
State of Rhode Island, the head of which is the State Purchasing Agent.
101.23 ENGINEER . The Chief Engineer of RIDOT, acting directly or through his or her duly
authorized representatives, who is responsible for engineering and administrative supervision of the Contract.
101.24 EQUIPMENT . All machinery, tools, and apparatus, together with the necessary
supplies for upkeep and maintenance, necessary for the construction and completion of the Contract. 101.25 EQUITABLE ADJUSTMENT . An adjustment in the Contract price and/or time occasioned by the performance of work beyond that required by the original Contract, including extra work, changes, certain differing site conditions and changes in quantities. The equitable adjustment of Contract price will be based on an agreed upon lump sum, agreed upon unit prices, force account, or the actual cost of the work. The equitable adjustment of the Contract time will be based on a comparison of the time demonstrated by the Contractor's schedule and the time required for the execution of the work.
101.26 EXCUSABLE DELAY . A delay to the Contract or Milestone/phase completion date, not
otherwise precluded by these Regulations, which was unforeseeable and beyond the Contractor's control and not caused by the Contractor's fault or negligence and for which a Contract or Milestone time extens ion may be granted by the Department.
101.27 EXTRA WORK . Work not provided for in the Contract as awarded but considered
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101.28 FINANCIAL STATEMENTS . A set of reports, detailing on an annual, semi-annual or
other prescribed time period, the financial activity or a company, corporation or other business venture. For purposes of Post Qualification and Award, these shall include a complete set of audited financial statements certified by a Certified Public Accountant (CPA) or, in the case of contracts valued at $500,000 or less, a bidder’s financial references and an original copy of its current financial statement. 101.29 FORCE ACCOUNT . A method of payment for extra work ordered by the Engineer when no other method of payment is provided for in the Contract and when the Contractor and the Engineer are unable to agree upon an acceptable method. The force account method of payment provides for reimbursing the Contractor fo r those actual costs it incurred in performing such work. 101.30 GEOTEXTILE . Any permeable textile material used with foundation, soil, rock, earth, drainage, or any other geotechnical engineering related material, as an integral part of a man- made project, structure, or system.
101.31 HIGHWAY, STREET, OR ROAD . A general term denoting a public way for purposes of
vehicular and pedestrian travel, including the entire area within the Right-of-Way. 101.32 HOLIDAYS . In the State of Rhode Island legal holidays occur on New Year's Day; Martin Luther King Day; Memorial Day; Independence Day; Victory Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day; and Christmas. If any holiday listed above falls on a Sunday, the following Monday shall be considered a holiday. 101.33 INCLEMENT WEATHER . Any day or days for which the Engineer decides that weather conditions are so extreme and/or severe that normal construction operations should not proceed
101.34 LABORATORY . The testing laboratory of the Department or any other testing
laboratory which may be designated by the Engineer. 101.35 LIQUIDATED DAMAGES . Deductions from monies due the Contractor, assessed on a daily basis, to compensate the State for losses incurred because of the failure of the Contractor to complete the work within the time established by the Contract.
101.36 MAJOR AND MINOR CONTRACT ITEMS . Any item having an original value in excess
of 5 percent of the original Contract amount sha ll be considered to be a major item. All other original Contract items shall be considered minor items. In addition, any minor item which increases by 100 percent will be considered a major item. The revised quantity will then be considered the original Contract quantity for purposes of determining a major item of work under Subsection 104.07; Significant Changes in the Character of Work .
101.37 MATERIALS . Any substances specified for use in the construction of the project.
101.38 NONCOMPENSABLE DELAY . An excusable delay for which the Contractor may be
entitled to an extension of time but no additional monetary compensation.