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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. 1−28 Additional work caused by such suspension, for reasons beyond the control of the Contractor, will be paid for by the State in accordance with Subsection 109.04; Differing Site Conditions, Changes, Extra Work and Force Account Work .
c.Maintenance Directed by the Engineer . If the Engineer directs special maintenance for the benefit of the traveling public, then the Contractor will be paid on the basis of prevailing unit prices or in accordance with Subsection 104.05; Extra Work . The Engineer will be the sole judge of work to be classed as special maintenance. Detours or routes used exclusively by the Contractor for hauling materials and equipment shall be constructed and maintained at its own expense. In order to provide for the safety, comfort, and well-being of residents of heavily populated residential areas, the Contractor shall select haul routes between the project and material sources that will minimize disturbance to such residents. The Contractor shall submit for the Engineer's review its planned route of haul and its plan for minimizing the adverse effect of such hauling operations on local residents. It shall be the responsibility of the Contractor to obtain all necessary permits, approvals and licenses and to comply with the ordinances, rules and regulations of the local community concerning haul routes and detours, all at no expense to the Department. The Department reserves the right to select alternative haul routes, to divide the hauling traffic over several routes, and to impose such ot her restrictions it deems necessary to minimize the impact of the hauling operation on local residents. The Contractor shall not store barricades, material, or equipment in a manner that would impede or impair the safety of the traveling public.
d.Maintenance for Traffic Flow-Utility Work . The Contractor shall provide, as part of the Contract, construction signing in accordan ce with the Manual on Uniform Traffic Control Devices for all utility work performed directly by utility companies, municipalities, or their respective subcontractors. Also included is the pr ovision by the Contractor of flaggers, traffic persons, and the setting up, maintaining, and moving of signs, all in accordance with applicable provisions contained in PART 900 of these Standard Specifications.
104.09 MAINTENANCE OF PUBLIC ACCESS . Unless otherwise provided, the Contractor
shall maintain existing streets, highways, roads, private walks and sidewalks which may be involved with the Project, open for vehicular and/or pedestrian traffic. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, and intersections with trails, roads, streets, businesses, parking lots, residences, garages, farms, and other features as may be necessary, and at its own expense and as directed by the Engineer. With respect to maintaining public access as described above, the Contractor will not be required to remove snow. If the Engineer decides that the interests of the public and/or abutting property owners so require, the Contractor shall construct pl ank crossings, or other such approved temporary crossings, over trenches in streets, roads, or private ways. All such temporary crossings shall be provided as directed by the Engineer.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 41–42 of 826.