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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
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101.39 NON-EXCUSABLE DELAY . A delay to the Contract or Milestone/phase completion
date which was reasonably foreseeable and within the control of the Contractor for which no time extension will be granted.
101.40 NOTICE TO CONTRACTORS . A public announcement inviting bids for work to be
performed and/or materials to be furnished. Such notice will indicate with reasonable accuracy the nature and location of the work to be performed; the time and place of the opening of Proposals; and any Contract statutory provisions required by the Federal Government.
101.41 NOTICE TO PROCEED . Written notice from the Engineer to the Contractor to
commence the Contract work and which designates the date of beginning of Contract time. 101.42 NOTICE OF TENTATIVE AWARD . A written communication from the State or its designee to the successful bidder indicating the conditional intention of the State to award the Contract. This communication instructs the successful bidder to arrange a meeting with the appropriate State official within fifteen days of the receipt of said notice for the purpose of executing the Contract Agreement and Contract Bonds, and for the delivery of the required Certificates of Insurance. 101.43 PAVEMENT STRUCTURE . The combination of subbase, base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.
101.45 PRECONSTRUCTION CONFERENCE . A meeting between the Contractor and the
Engineer prior to the actual commencement of work for the purpose of reviewing the following: