1−26 directed, and will be paid for as provided under Subsection 109.04; Differing Site Conditions, Changes, Extra Work, and Force Account Work .
104.06 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER . If the performance of all
or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor belie ves that additional compensation and/or Contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Contractor will be notified of the Engineer's determination whether or not an adjustment of the Contract is warranted. No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other te rm or condition of this Contract.
104.07 SIGNIFICANT CHANGES IN THE CHARACTER OF THE WORK . The Engineer
reserves the right to make in writing at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustm ent, excluding anticipated profits, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.
a.Circumstances for Significant Change . The term "significant change" shall be construed to apply only to the following circumstances: 1−27
1.When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction or;
2.When a major item of work, as defined elsewhere in the Contract, is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
104.08 MAINTENANCE OF TRAFFIC. Unless otherwise provided, the Contractor shall maintain
the road undergoing improvement open to all traffic during the work of the Contract. Where so provided on the Plans, the Contractor may bypass traffic over an approved detour route. Additional detours not shown on the Plans may be employed only if plans for the detours are designed, submitted, reviewed, approved, and implemented in accordance with the requirements indicated in the Transportation Management Plan and such plans receive the written approval of the local City/Town Public Works Director. Detours of a short-term nature, which may be implemented only during the Contractor’s scheduled hours of operation, and which must be removed at the close of the day’s operations, shall require a 24-hour advance notice and approval of the Engineer. The Contractor shall keep the portion of the project being used by public traffic, whether it be through or loca l traffic, in a condition that shall safely and adequately accommodate such traffic. The Contractor shall furnish, erect and maintain all temporary traffic control devices in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, latest Edition. The Contractor shall bear all expense of maintaining traffic over the section of road undergoing improvement without direct com pensation, except as provided below:
a.Special Detours . When the Contract contains items for "maintenance of detours" or "removing existing structures and maintaining traffic," the payment for such items shall cover all cost of constructing and maintaining detour or detours, including the construction of temporary bridges and accessory features and the subsequent legal removal of the same. The failure or refusal of the Contractor to construct detours at the proper time and to maintain same in working condition shall be sufficient cause for suspending the work until such detours are provided in satisfactory condition for use by public traffic. Right-of-way for temporary roads or bridges will be furnished by the Department.
b.Maintenance of Traffic During Suspension of Work . During any suspension of the work, the Contractor shall make passable and shall open to traffic those sections of the project, together with temporary roadways or portions thereof as may be agreed upon between the Contractor and the Engineer, for the temporary accommodation of traffic during the anticipated period of suspension. Thereafter, and until an issuance of an order for the resumption of construction operations, the maintenance of the temporary roadways and sections of the project will be the responsibility of the Department. When work is resumed, the Contractor shall replace or renew any work or materials lost or damaged because of such temporary use of the project; remove to the extent directed by the Engineer any work or materials used in the temporary maintenance thereof by the State; and complete the project in every respect as though its prosecution had been continuous and without interferences.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 40–41 of 826.