1−24 confidential within the Department and will not be made available to anyone outside the Department, or used by a fo rmer Department employee.
g.Cost and Escrow Instructions . The cost of the escrow will be borne by the Department. The Department will provide escr ow instructions to the document depository consistent with this clause. There will be no separate payment for compilation of the data, container or cost of verification of the bid documentation. All costs shall be included in the overall Contract bid price.
104.01 INTENT OF CONTRACT . The intent of the Contract is to provide for the construction
and completion in every detail of the work as described. The Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies required to complete the work, all in accordance with the Plans, Specifications and terms of the Contract.
104.02 Changes In The Contract .
a.Right to Change . The Engineer reserves the right to make changes in the Contract at any time during the progress of the work as are necessary to satisfactorily complete the Project. Such changes shall not invalidate the Contract nor release the Surety. The Contractor agrees to perform the work as directed by the Engineer. Any costs applicable to such changes will be paid for by the execution of an appropriate Contract Modification.
b.Causes for Changes . Changes in the Contract may result from any of the following causes:
1.Differing site conditions.
2.Alterations in the Plans or Details; additions to, reductions in, or elimination of an existing item of work contained in the Proposal.
3.Extra or unforeseen work for which there is no item of work in the Proposal.
4.Suspension of the work for which delay damages are reasonable.
5.Significant changes in the character of the work. 1−25
104.03 DIFFERING SITE CONDITIONS . During the progress of the work, if subsurface or
latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.
104.04 ALTERATIONS IN THE PLANS OR DETAILS . The Engineer may order changes in
the Plans or Details, increase, reduce, or elim inate any Contract work item deemed necessary to satisfactorily complete the Project. Should such alterations in the Contract result in changes in the quantities of work to be performed, the Contractor shall complete such altered quantities in the same manner prescribed for the corresponding unaltered quantities. Unless otherwise provided for under Subsection 104.07; Significant Changes in the Character of the Work , such altered work shall be paid for at the same unit prices as for the corresponding unaltered items of work.
a.Prefabricated Materials . The Engineer may find it necessary to decrease or eliminate items of work that involve prefabricated materials which are not considered stock commercial items. In the event fabrication of such materials was started or completed before the Contractor is advised of the decrease or elim ination of the items in question, the Department may:
1.Upon verification, reimburse the Contractor for the fabrication cost, including material cost less salvage value; or
2.Instruct the Contractor to have the fabricated material delivered to the project to be placed in the care of the Engineer for subsequent use by the State on other work. Payment for such material will be made in accordance with Subsection 109.06; Partial Payments .
104.05 EXTRA WORK . The Contractor shall perform extra work, for which there is no price
included in the Contract, whenever it is deemed necessary or desirable to complete the work as contemplated. Such work shall be performed in accordance with the Specifications and as
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 38–39 of 826.
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103.05 Contract Bond …………………………………………………....……… 1-21 103.06 Execution and Approval of the Contract …………………….………… 1-22 103.07 Failure to Execute Contract…………………………………...………… 1-22 103.08 Escrow of Bid Documentation …..…………………………...………… 1-22
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104.06 Suspensions of Work Ordered by the Engineer ………..………….… 1-26