105Control of Work

— CONTROL OF WORK

105.01AUTHORITY OF THE ENGINEER

The Engineer decides all questions regarding the quantity, quality, and acceptability of materials furnished, work performed, work progress, Contract interpretation, and acceptable Contract fulfillment. The Engineer may suspend the Project, wholly or in part, for the Contractor’s failure to correct conditions unsafe for the workers or the public; for failure to implement provisions of the Contract and for failure to comply with the Engineer’s direction. Contract time will continue to be charged during suspensions for these reasons. The Engineer may also suspend the Project, wholly or in part, due to unsuitable weather and for any other condition or reason determined to be in the Department's interest.

105.02PLANS AND SHOP DRAWINGS

Plans shall be supplemented by Contractor-prepared Shop Drawings as necessary to control the Work and its prosecution. Shop Drawings consisting of details that are not included in the Plans but required for the Work shall be furnished to the Department. Copies of any calculations required or used to prepare the Shop Drawings shall be furnished with the submission. Manufacturer’s engineering data for prefabricated material, including that for falsework and forms shall be furnished with each set of Shop Drawings. The Contractor shall not perform Work for items requiring Shop Drawings before review by the Department. This review shall neither confer upon the Department nor relieve the Contractor of any responsibility for the accuracy and completeness of the drawings, conformity with Contract requirements, and successful completion of the Contract. Before review of the Contractor’s Shop Drawings, the Contractor bears all risk and all costs of delays for items related to the respective Shop Drawing. Shop Drawings illustrate the Contractor’s methods intended to implement the Work in the Contract; they are not part of the Contract. The Contractor’s submission of a Shop Drawing represents to the Engineer that the Contractor (i) coordinated the Shop Drawing with the Contract;

construction, and performance criteria; and (iv) reviewed and accepted the Shop Drawings as its means and methods.

so that the Contractor’s accepted schedule will not be adversely impacted by the submittal process. ● Shop Drawing submittals shall be via PDF files submitted electronically by the Contractor into the Department’s web -based Project Management Portal (PMP), per RIDOT procedure posted in the Documents Tab. Each Shop Drawing submittal shall be accompanied by design computations, cuts from manufacturers' catalogs, and/or all other supporting technical bulletins and data. Upon the Department’s request, once the Shop Drawings are final, the Contractor shall submit for the record four hard copy sets of Shop Drawings to the Department.

Part 100 — General Requirements and Covenants August 2025

● All Shop Drawings shall be stamped by a Rhode Island Registered Professional Engineer. The stamping of Shop Drawings shall be according to the applicable requirements of the Rhode Island Board of Registration for Professional Engineers or other Boards of Professional Registration, as applicable.

Contractor for appropriate action within 30 calendar days from receipt of the submission or resubmission. ● Shop Drawings that are erroneous, lacking required Professional Engineer stamps, lacking information necessary to control construction, or not in conformance with accepted design criteria will be rejected and returned to the Contractor. The Contractor shall address the Engineer's comments and resubmit revised Shop Drawings. ● Shop Drawings designated “ No Exception Taken – Subject to Revisions as Noted ” may be used by the Contractor to commence corresponding Work subject to satisfying the written conditions of the review; these Shop Drawings shall be revised according to the notes (as applicable) and transmitted to the Engineer within fourteen calendar days of such approval. ● There shall be no claims for additional payment by the Contractor, nor will there be an extension of time under 108.07, for delays resulting from submissions or resubmissions due to incomplete Shop Drawings; for the time taken by the Contractor to submit revised Shop Drawings caused by an erroneous submission; or by a previous submission either lacking the information necessary to control construction; or for not conforming to accepted design criteria. In addition, the Engineer’s review time of the revised Shop Drawings will not constitute justification for an extension of time. ● The Contract price shall include the cost of furnishing all Shop Drawings, including resubmissions. Shop Drawings are deemed incidental to the Contract.

105.03CONFORMITY WITH PLANS AND SPECIFICATIONS

Work performed and materials furnished shall be in conformity with the lines, grades, cross sections, dimensions, and material requirements as required by the Contract, including standard industry tolerances when not otherwise specified or indicated. Quality Control (QC) is the responsibility of the Contractor. Ensure that all work and material meet the Contract requirements without depending on the Department’s acceptance sampling, testing, and inspection. The Contractor shall provide a project -specific competent and experienced individual who is designated for the responsibility for overall Quality Control. The Contractor shall cooperate with the Department and provide all necessary access, assistance, and material samples for Department inspection and testing. This work is incidental to meeting the Contract requirements, and all costs shall be included in the respective bid items and will not be paid separately. If a Contract Item fails to conform to the Contract requirements, the Engineer will determine whether the Work may remain in place. If the Engineer determines that the Work is adequate to

Part 100 — General Requirements and Covenants August 2025

100-48SECTION 105 — CONTROL OF WORK

serve the design purpose, the Engineer may allow it to remain and will document the basis of this decision. The State will take a credit or reduced payments to the Contractor for such Work, all of which would be included in a corresponding Change Order. If a Contract Item does not meet the Contract requirements and the Engineer determines the Work is not acceptable, the Contractor at no cost to the State shall remove and replace the Work to meet the Contract requirements. The Engineer may require the Contractor to propose and submit a Shop Drawing for approval according to 105.02.

105.04COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL

SPECIFICATIONS, AND SPECIAL PROVISIONS. The Standard Specifications, Supplemental Specifications, Plans, Special Provisions and Contract Addenda are essential parts of the Contract and a requirement occurring in one is binding as though occurring in all. They are complementary and provide and describe the complete Contract. If there is a discrepancy, the governing ranking is in order of ‘descending precedence: Dimensions Documents

* Special Provisions include General Provisions Contract Specific (CS) and General Provisions Job Specific (JS). ** Standard Details include Rhode Island Standard Details and Bridge Standard Details. The Contractor shall not take advantage of any apparent Contract error or omission in the Contract and shall notify the Engineer promptly of any omissions or errors so that necessary corrections and interpretations can be made.

105.05COOPERATION BY CONTRACTOR AND REMOVAL OF PERSONNEL

The Contractor is required to maintain a complete copy of the Contract Documents on the Project site at all times. The Contractor shall give the Work the attention necessary to facilitate progress according to the Contract and shall cooperate fully with the Engineer, its representatives, and other Contractors on or adjacent to the Project. The Contractor shall provide a Superintendent for the Project that is available and responsive at all times and is responsible for all aspects of the Work, includingS ubcontracted Work. The Superintendent shall be capable of reading and understanding the Contract and experienced in the type of Work being performed. The Superintendent shall receive instructions from the Engineer or the Engineer’s authorized representatives. The Contractor shall provide full authority

Part 100 — General Requirements and Covenants August 2025

to the Superintendent to promptly execute the Engineer’s orders or directions and supply the required materials, equipment, tools, labor, and incidentals to complete the Work. If the Contractor or any of its representatives fail to cooperate such that the integrity of the Work is compromised or the safe prosecution of the Work is jeopardized, the Department may immediately suspend all Work. Any unsafe conditions shall be corrected by the Contractor, and the uncooperative person or persons shall be removed from the Project before the resumption of the Work. Failure to rectify the situation in a timely manner acceptable to the Department may result in Contract default according to 108.09. The Contractor shall not receive compensation for any delays, nor will it be provided with additional time due to such suspension or removal. The Department may remove any personnel from the Project at any time if: • The performance of the personnel is unsatisfactory, or • The personnel are uncooperative in their relationship with the Department, or • A pattern of inaccurate or incomplete invoice submissions

105.06COOPERATION WITH UTILITIES

The Department will notify all utility companies, municipalities, pipeline owners, or other parties affected by the Work and make, as soon as practical, all necessary adjustments of the public or private utility fixtures and appurtenances within or adjacent to the limits. Water lines, sewer lines, gas lines, power lines, communications lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the Project in which the respective owners hold no private easements will be relocated or adjusted by the owners according to the executed Utility Construction and Maintenance Agreements. It is agreed that the Contractor has considered in its Bid all of the permanent and temporary utility facilities in their present or relocated positions as shown on the Plans and as evident on the site, and that no compensation will be allowed for any delays, inconvenience, or damage sustained due to any interference from such utility facilities or the operation of moving them, unless otherwise provided for in 104.03. The Contractor shall adhere to all clearance and safety requirements of the affected utility company. The Contract will indicate whether the utility owner, Contractor, or other party shall relocate or adjust the utility. When Contractors are required to retain firms to relocate the utility, it shall submit to the Engineer written statements from the respective utility companies that the firm or firms selected by the Contractor are approved for such Work before subletting the Work. Before commencing Work, , the Contractor shall make arrangements to protect the property of utility owners from damage and loss of operation. The Contractor shall notify utility owners and/or affected municipalities at least one week, or as specified in the Contract Documents, whichever duration is longer, in advance of commencement of such work. The locations and depths of existing utilities as shown on the Plans are approximate. The Contractor shall verify the location of all existing utilities, both underground and overhead, before proceeding to commence the Work or order materials. The Contractor is specifically required to follow the Dig Safe process. Damage to existing utilities that are shown on the Plans or located

Part 100 — General Requirements and Covenants August 2025

100-50SECTION 105 — CONTROL OF WORK

by the respective utilities according to the Dig Safe process shall be the sole responsibility of the Contractor and repaired to the satisfaction of the utility owner at no additional cost to the Department. The Contractor shall coordinate and cooperate with the utility owners in the removal and rearrangement of any underground or overhead utilities to minimize interruption to utility services and duplication of Work by the utility owners. Facilities or appurtenances that are to remain in place during construction shall be accounted for and protected by the Contractor. If an underground facility is not shown on the Plans, this shall not relieve the Contractor of its responsibility under this Section. Where the Contractor’s operations are adjacent to properties of railway, telecommunications, gas, and electric power companies and other utilities, or are adjacent to other property where damage might result in considerable expense, loss, or inconvenience, Work shall not commence until all arrangements necessary for their protection have been made. The Contractor shall be responsible for damage to identified and located utilities on or adjacent to the Project at its own expense. The Contractor shall restore damaged utilities to the satisfaction of the utility owner according to current standards and code requirements and any specific requirements of the utility owner. If utility services are interrupted due to damage or exposure, the Contractor shall promptly notify the utility owner and proper authority and shall cooperate fully in the restoration of such services. If the Contractor interrupts service, repair Work shall be continuous until service is restored. The local fire authority must approve the Contractor’s work plan for continued uninterrupted water service before commencement of Work around fire hydrants. Fire hydrants shall be accessible to fire departments at all times. If the Engineer determines that adjustment or relocation of utilities is necessary, the Engineer will make necessary arrangements with the utility owner or Contractor to perform the Work not otherwise provided for in the Contract. If the Contractor desires to reconfigure any utility facility or other improvement for the Contractor’s convenience, which is in addition to or different from the configuration indicated in the Contract, the Contractor shall make whatever arrangements necessary with the owner for such reconfiguration and bear all related expenses.

coordinate with the US Postal Service where existing US Postal Boxes (mail drop/collection boxes) within the limits of the Project will be removed and reset to allow for sidewalk/curbing construction. This requirement applies only for standard US Postal Service main drop boxes. It is not applicable for the removal, resetting or replacement of private mailboxes. The removal and resetting of US Postal Service mail drop boxes shall be conducted only by the US Postal Service and, therefore, the Contractor shall plan Work operations to allow the US Postal Service time to complete the removal before start of construction. Finally, the Contractor shall notify the US Postal Service when the relevant Work is complete so that the boxes may be reset without any subsequent disturbance or impedance to access.

Part 100 — General Requirements and Covenants August 2025

a sewer facility alteration permit from the Narragansett Bay Commission (NBC) before undertaking any Work that affects sanitary sewer facilities that fall within NBC jurisdiction.

105.07COOPERATION BETWEEN CONTRACTORS

The Department reserves the right to contract separately for and perform extra or additional Work within or near the Project at any time during the life of the Contract. When separate Contracts are let by the Department within the limits of one Project, each Contractor shall conduct its Work without interfering or hindering the progress or completion of the Work being performed by other Contractors. For any unavoidable interference, the Engineer will determine priorities. Each Contractor involved shall assume all liability, financial or otherwise, in connection with its Contract and shall protect and save harmless the Department from all damages or claims that may arise because of inconvenience, delay, or loss experienced because of the presence and operations of other Contractors working within or adjacent to the limits of the Project. The Contractor shall arrange its Work and shall place and dispose of the materials used without interference to the operations of the other Contractors within or adjacent to the Project.

105.08CONSTRUCTION STAKES, LINES, AND GRADES

The Contractor shall be responsible for performing construction surveys and shall set and maintain all construction stakes for establishing lines, slopes, profile grades, centerline, and benchmarks for roadwork, bridge work, culvert work, protective and accessory structures, and appurtenances. These stakes and marks shall constitute the field control by which the Contractor shall establish other necessary controls to perform the Work. The Contractor shall maintain construction lines, points and grade staking to ensure accurate and proper control of the Work and to verify final grades and construction lines. The Contractor shall be held responsible for preserving all stakes and marks and, if the stakes or marks are destroyed or disturbed, the responsibility of replacing the stakes shall be borne by the Contractor at no cost to the Department. The Contractor shall be responsible for the accuracy of lines, slopes, grades, and other engineering Work in the Contract Documents and the provisions of SECTION 934. No entitlement to additional compensation will be considered because of alleged inaccuracies. All Work in this is deemed incidental to the Contract and no separate payment will be made.

105.09AUTHORITY AND DUTIES OF CONSTRUCTION MANAGER

As the representative of the Engineer, the Construction Manager has immediate charge of the engineering details of each Project and is responsible for the administration, enforcement, and satisfactory completion of the Contract.

Part 100 — General Requirements and Covenants August 2025

100-52SECTION 105 — CONTROL OF WORK

• The Construction Manager is delegated commensurate authority by the Department, including but not limited to the authority to: ○ Reject defective or non-conforming material and/or work ○ Suspend any Work improperly performed or proceeding contrary to the Contract • The Construction Manager does not have the authority to: ○ Unilaterally change any design element or specification ○ Act in a supervisory capacity for the Contractor or to interfere with the management of the work by the Contractor. Any recommendation that the assistants or representatives of the Engineer may give the Contractor shall not be construed as directing the Contractor or as binding the Engineer or Department in any way, nor shall it release the Contractor from the fulfillment of the terms of the Contract.

105.10INSPECTION OF WORK

Materials and each part or detail of the Work is subject to inspection by the Engineer. The Engineer shall be afforded unlimited and safe access, including traffic controls, to all parts of the Work and shall be furnished with the information and assistance by the Contractor to make a detailed inspection. The Contractor shall prov ide any necessary equipment for inspection, including walkways, railings, ladders, lifts, and platforms at no additional cost to the Department. The Contractor shall remove or uncover such portions of the finished Work if directed by the Engineer. After examination, the Contractor shall restore the Work to the standard required by the Contract. If the Work conforms to the Contract, the uncovering, removing, and replacing of the covering or restoring the Work will be paid as Extra Work. If the Work so exposed and examined indicates that it is unacceptable and requires removal and replacement, or is non - conforming Work that may remain in place at r educed payment, the uncovering, removal, and restoration of the Work shall be at no cost to the Department. The Contractor bears sole responsibility for the quality of Work and compliance with the Contract regardless of the Department’s level of inspection. The Department’s failure to identify defective Work or material shall not prevent later rejection when defective Work or material is discovered, nor shall it obligate the Department to grant acceptance under Subsections 109.08 or 109.09. If the Contractor fails to notify the Engineer of Work performed or materials installed that prevented an opportunity for inspection, the Engineer may order the removal or replacement of the Work at no cost to the Department. The Contractor shall be responsible for providing advance notice to the Engineer of any work scheduled to be performed and changes to that schedule. Any cancellation of planned work without proper notice to the Engineer may result in charges withheld from future payments for additional costs. When any unit of government or political subdivision, utility company, or railroad corporation is required to accept and/or pay a portion of the cost of the Work covered by this Contract, its representatives have the right to inspect the Work and shall be afforded the same access and support as if the Engineer. Such inspection does not make any unit of government or political

Part 100 — General Requirements and Covenants August 2025

subdivision, utility company, or railroad corporation a party to the Contract, and will in no way interfere with the rights of either such party.

105.11REMOVAL OF UNACCEPTABLE OR UNAUTHORIZED WORK

Work that does not conform to the Contract requirements will be considered unacceptable, unless accepted under the provisions of 105.03. Unacceptable Work found to exist before final acceptance of the Work, whether the result of poor workmanship, use of defective or non-conforming materials, or damage through carelessness or neglect, shall be removed and replaced at the Contractor's expense . This requirement has full effect whether or not the unacceptable work or defective materials were inspected by the Department. Work performed contrary to the Contract or beyond the lines and grades shown on the Plans or as otherwise provided will be considered unauthorized Work and may not be considered for payment. Unauthorized Work may be ordered to be removed and/or restored t o its original condition at the Contractor’s expense. If the Contractor fails to promptly comply with any directive from the Engineer pursuant to this, the Engineer has the authority to require that unacceptable Work and unauthorized Work be removed and replaced or restored by others and to deduct that cost from any monies due to the Contractor.

105.12LOAD RESTRICTIONS

The Contractor shall comply with all legal load restrictions and obtain all necessary permits when hauling equipment or materials on stormwater infiltration areas, water quality treatment units, or public roads. A special permit will not relieve the Contractor of liability for damage that may result from the moving of such equipment or materials. The Contractor shall not operate equipment that causes damage to any structure, roadway, or any other Work. Handling or hauling of materials shall be subject to approval of the Engineer to prevent damage to the pavement. No loads will be allowed on new concrete before the concrete has attained its specified strength, unless authorized in writing by the Engineer and subject to any conditions of that authorization.

105.13MAINTENANCE DURING CONSTRUCTION

Upon receipt of the NTP, the Contractor shall maintain the Project during construction, including during winter shutdown and other shutdowns, until completion as provided in 101.18. Maintenance includes the performance of all requirements of the Contract to allow safe public passage through the limits of the Project including approved laydown areas and any temporary work. Maintenance work performed before acceptance under 105.17 is incidental to other Contract items, and the Contractor will not be paid any additional amounts above the Contract price. Maintenance Work includes, but it not limited to, maintaining existing drainage flow, periodic grass mowing (not to exceed eight times per calendar year), cleaning and sweeping pavement (not to

Part 100 — General Requirements and Covenants August 2025

100-54SECTION 105 — CONTROL OF WORK

exceed once per calendar year), and removing of construction debris, to the satisfaction of the Engineer, which will provide safe and convenient conditions at all times for the public. The Contractor shall continuously and effectively satisfy these maintenance responsibilities with such equipment and forces as may be necessary to maintain a safe and satisfactory condition for the duration of the Project. If the Contract requires the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. The Contractor shall schedule pavement removal such that no location remains unpaved for longer than seven calendar days for full depth or 14 calendar days for milling. This means that, once the Contractor commences with the removal of existing full depth pavement from any location where traffic flow is to be maintained, they shall restore the roadway with no less than a full-depth asphalt base course at that location within the seven calendar days. For partial depth pavement removal (cold planing/milling), the Contractor shall schedule the pavement removal so that no location remains without a new paved surface course (or friction course) for longer than 14 Calendar Days. If the Contractor fails, according to the provisions of this, to maintain the Project during construction, the Engineer will notify the Contractor of such non- compliance. If the Contractor fails to promptly comply with any directive, the Engineer may immediately proceed to have the maintenance Work performed by other forces. The cost of this maintenance will be deducted from monies due the Contractor. If the Engineer determines that the work was delayed because of conditions beyond the control and without the fault of the Contractor, the above requirements for pavement restoration may be extended only for a time period justified by the field conditions, based on the judgement of the Engineer.

105.14WINTER SHUTDOWN

The Contractor shall suspend field work during the winter shutdown period. During this period, the Contractor is not relieved of its duties including, but not limited to, sediment and erosion control upkeep and SWPPP reports. If the existing pavement is removed before the winter shutdown, do not close the Project for the season until a new HMA layer has been placed and striped with epoxy pavement markings. The Contractor may submit a written request to work during the winter shutdown period. This request shall demonstrate the reason for requesting to work during the winter, the benefit to the Project (cost or schedule), and detailed activities to be performed, and shall address how temperature sensitive work will be in performed accordance to the Specifications. The Department reserves the right to deny the request for any reason and will not be responsible for any time or costs associated with this denial. If the Contract contains a traffic shift or traffic control setup that will remain in place over the winter shutdown, the Contractor shall provide a letter each year outlining how they plan to maintain the work zone through the winter.

Part 100 — General Requirements and Covenants August 2025

105.15OPENING SECTIONS OF PROJECT TO TRAFFIC

The Engineer may order certain sections of the Project to be opened to traffic before Substantial Completion or Acceptance. Opening these sections shall not constitute acceptance of the Work or a waiver of any Contract provision. If the Contractor is late in completing features of the Work according to the Contract and/or Project schedule, the Engineer will give written notification establishing a time period for completing these features. If the Contractor fails to complete the Work as directed, or make a reasonable effort to complete the Work according to the written notification, the Engineer may order all or a portion of the Project opened to traffic. The Contractor shall not be relieved of its liability or responsibility for maintaining the Work, and shall conduct the remaining construction operations with minimum interference to traffic at its own expense. The Contractor shall notify the Department three weeks in advance of a bridge or roadway closure/split/shift/travel lane width reductions on any roads within the State. All full closures, splits, or shifts shall be scheduled to begin on Friday or Saturday night, as determined by the TMP, to allow the motoring public time to adjust to new travel patterns while allowing RIDOT the opportunity to evaluate its success.

105.16FURNISHING RIGHT-OF-WAY

The Department is responsible for securing Rights-of-Way in advance of construction. Exceptions will be indicated in the Contract, and no work is allowed in these areas until the ROW has been certified.

105.17PARTIAL ACCEPTANCE

The Contractor may submit a written request for acceptance of a completed portion of the Project, clearly identifying the limits of the Work. The Engineer may reject the Contractor’s request for partial acceptance or, if eligible, schedule an inspection, provided that: • All safety items are in place including final pavement markings • All Work on a bridge (as applicable) and its approaches are complete • Traffic is in its final pattern • The Work meets all Contract provisions, including submission of all required documents • All areas that contribute runoff to a stormwater treatment unit have been permanently stabilized The Engineer will designate in writing if the Work is accepted, the date of acceptance, and any warranty provisions initiated by the partial acceptance. If the Work is not accepted, the Engineer will identify the incomplete or nonconforming portion of the Work and notify the Contractor in writing. The Contractor may request a second inspection pursuant to the above provisions upon completion and correction of the Work. If partial

Part 100 — General Requirements and Covenants August 2025

100-56SECTION 105 — CONTROL OF WORK

acceptance again is denied, the acceptance of that Work may be delayed until Final Acceptance of the Project. Partial acceptance will relieve the Contractor of maintenance responsibility for that portion of the Work. This partial acceptance does not relieve the Contractor of responsibility to correct defective Work or repair damage caused by the Contractor or waive any other provisions of the Contract. Additionally, the Contractor may submit quarterly a written request for partial acceptance of the following items to allow for their release of retainage: • Drum Barricades Std 26.2.0 • Shadow or Advance Warning Vehicles • Flagpersons • Flagpersons OT Trainee Man-Hours • Advance Warning Arrow Panel Portable Changeable Message Board Maintenance of Traffic Control • Maintenance of Erosion Controls Partial Acceptance of Contract Work completed may occur when: • The Contractor shall notify RIDOT within seven days upon the Contractor’s assessment that the Subcontractor’s Work is complete and ready for inspection for partial acceptance by RIDOT. • Within 14 calendar days of the Contractor's request, the Engineer may schedule an inspection of the Work under the completed Subcontract. • Within 21 calendar days of the inspection, the Engineer will provide the Contractor with written notice of acceptance or a report containing the following elements: ○ Work not started, but required to be completed. ○ Incomplete Work, the completion of which is required. ○ Unsatisfactory Work, the correction of which is required. The process of issuing inspection results will be completed within 60 calendar days from the receipt of the Contractor’s letter requesting release of retainage. The Contractor is obligated to complete all identified incomplete Work and correct all noted deficiencies contained in the inspection report. Upon completing all Contract Work and correcting all identified deficiencies, the Contractor shall submit documentation of corrective actions and request re-inspection. Within 14 calendar days of the request for re -inspection of completed punch list Work, the Engineer will conduct an inspection. The Engineer will have 10 calendar days from the second scheduled inspection to respond to the Contractor with a written determination of the acceptance of the Work performed. If Work has been satisfactorily completed in compliance with the Contract, the Engineer will accept that unit

Part 100 — General Requirements and Covenants August 2025

or portion of the Work as physically completed. The Engineer will designate in writing the date of acceptance and any warranty provisions initiated by the partial acceptance. The State will pay the Contractor for all Work covered by the partial acceptance including the relevant portion of retainage due the S ubcontractor according to Subsections 109.09 and

109.10

Partial acceptance will relieve the Contractor of maintenance responsibility for that portion of the Work. This partial acceptance does not relieve the Contractor of responsibility to correct defective Work or repair damage caused by the Contractor or waive any other provisions of the Contract. If, however, during this second inspection the Engineer finds any incomplete or unsatisfactory Work, no partial acceptance will be granted, and acceptance of the unit or portion of the Work must await the final acceptance of the entire Project.

105.18FINAL ACCEPTANCE

The procedure for obtaining Final Acceptance is as follows:

complete, as defined by 101.89.

notice, weather permitting.

Report containing the Punch List to the Contractor.

including all Punch List items, submission of as-builts, DBE closeout and other outstanding paperwork, within 60 calendar days of receipt. The 60-calendar day period for completion is suspended during winter shutdown, if a Project has a winter shutdown.

with written details addressing each Punch List finding.

perform a second final inspection to determine if the Contractor completed the Work according to 101.18. If the Project is complete, the Engineer will notify the Contractor in writing of Final Acceptance.

be subject to Liquidated Damages pursuant to 108.08, commencing from the Contract completion date.

105.19CLAIMS FOR ADJUSTMENTS AND DISPUTES

it has complied with the notice provisions of 104.02(d).

Part 100 — General Requirements and Covenants August 2025

100-58SECTION 105 — CONTROL OF WORK

of receipt of the Engineer’s written denial of the Contractor’s request for a Contract change, as provided for in the third bullet of 104.02(d). Failure to submit a claim as provided above shall constitute a waiver of entitlement to compensation and/or time adjustment.

ocumentation of Claims. A claim shall be in sufficient detail to enable the Engineer to determine the basis for entitlement and the compensation and time extension due, if applicable. The following information shall be included in the claim submitted: ● A detailed factual statement of the claim providing all relevant dates, locations, and items of Work affected by the claim ● The date that the actions resulting in the claim occurred or the conditions resulting in the claim became evident ● A copy of the Contractor’s notification submission under 104.02(d) ● The name and title of each Department employee knowledgeable about facts that gave rise to such claim ● The name and title of each Contractor or employee knowledgeable about facts that gave rise to such claim ● The specific provisions of the Contract that support the claim, and a statement of why such provisions support the claim ● The identification of any pertinent documents, and the substance of any material or communications relating to the claim ● A statement whether the additional compensation or extension of time is based on the provisions of the Contract or an alleged breach of Contract ● If an extension of time is also sought, the specific days for which it is sought and the basis for such claim as determined by an analysis of the accepted Construction Schedule ● The amount of additional compensation sought and a breakdown of that amount. ● A copy of the Contractor’s Time Extension Request under 108.07 and supporting documents, if the Claim includes Delay

be accompanied by the following signed certification. The Contractor’s failure to provide this certification will constitute a waiver of the Contractor’s entitlement to compensation or a time extension for the claim:

Part 100 — General Requirements and Covenants August 2025

CERTIFICATE OF CLAIM The undersigned (Name and Title of Officer of the Contractor) certifies that the documentation is submitted in good faith, that the information provided is accurate and complete to the best of (the Contractor’s) knowledge and belief, and that the compensation and time extension requested are accurately reflected in the subject claim. Name and Title: Company: Date of Signature: Notarized:

Contractor and will initiate the claim review process. During the claim review process, the Contractor shall provide the Engineer access to and, if requested, copies of any supporting documentation, including but not limited to the following documents: ● Daily time sheets and foreman’s daily reports ● Union agreements, if any ● Insurance, welfare, and benefits records ● Certified Payroll register ● Earnings records ● Material Invoices, purchase orders, and material and supply acquisition Contracts ● Material cost distribution worksheets ● Equipment records (list of company equipment, rates, etc.); Vendor rental agreements ● Subcontractor payment certificates and Invoices ● Canceled checks, receipts of electronic payments, and other supporting documentation to verify payroll payments and payments to vendors, suppliers, or Subcontractors ● Job cost report ● Job payroll ledger The Contractor’s failure to provide this access or copies as requested will constitute a waiver of the Contractor’s entitlement to compensation or a time extension for the claim.

105.20PROCEDURE FOR CLAIMS AND DISPUTES

No claim shall be allowed against the State unless the Contractor has met the notification procedures in 104.02(d).

Part 100 — General Requirements and Covenants August 2025

100-60SECTION 105 — CONTROL OF WORK

The Contractor and the State mutually agree that conditions precedent to the filing of a lawsuit include: • Participation in the Department’s internal claim resolution process, and if unresolved at the conclusion of the Department’s internal claim resolution process. • Mediation or other mutually acceptable Alternative Dispute Resolution (ADR) procedure. • The Mediator’s costs and expenses associated with these ADR methods shall be borne by all parties equally. • Each party shall bear its own costs in preparation and participation of these conditions precedent to the filing of a lawsuit. • If these efforts are unsuccessful, claims may be adjudicated either through binding arbitration or litigation according to State Law. Any party bringing an action under this Section shall be entitled to an award of prejudgment interest beginning with the filing date of the court action or date of demand for arbitration. Any interest shall be computed daily to the date of payment and shall be compounded annually. Pre -judgment and post - judgment interest shall be calculated according to RI Gen. Laws §37-13.1-1, et seq.

105.21REQUEST FOR INFORMATION (RFI)

An RFI is a document submitted by the Contractor requesting clarification of a portion of the Contract Documents or a field condition. All such requests shall include a detailed written statement indicating the specific Drawings or Specifications to be clarified and the clarification requested. In addition, the Contractor shall: • Clearly state the item to be clarified, provide background information as appropriate, and explain why a response is needed. • Identify Drawings by Drawing number and location on the sheet. • Identify Specifications by Section number, page, and paragraph. • Provide a description of the field condition requiring clarification. • Present the Contractor’s interpretation or understanding of the requirement. • Include a possible solution by text and/or drawings. Improper RFIs are defined as: • RFIs that are not complete. • RFIs that request information that is clearly shown on the Contract Documents. • RFIs that do not comply with the definition of an RFI as indicated above. Improper RFIs will be returned unanswered. Delays caused by improper RFIs are the sole responsibility of the Contractor. The Contractor is not entitled to additional time or monetary compensation as a result of such delays.

for the Project. The Contractor shall ensure that all attachments are fully legible after download. Each page of attachments to RFIs shall bear the RFI number.

Part 100 — General Requirements and Covenants August 2025

The Contractor shall originate all RFIs. RFIs fromS ubcontractors or material suppliers shall be submitted through, reviewed by, commented on, numbered, logged, and signed by the Contractor before submission to the Department. The Contractor shall carefully study the Contract Documents to determine that the requested information is not available therein. RFIs that request information available in the Contract Documents will be deemed improper, as defined above. The Contractor shall identify and submit RFIs in a timely fashion to not cause delay to the Project. Any delays due to the untimely submission of RFIs will be the responsibility of the Contractor. RFIs shall not be used for the following purposes: ● To request approval of submittals ● To request approval of substitutions ● To request different methods of performing work than those drawn and specified ● To request changes to the Contract Documents ● To request additional cost or credit ● As routine written communications between the State and the Contractor ● To reply to notices issued by the Department ● To clarify Subcontract bid questions ● For any other purpose not listed in this Specification

in the Project Schedule. Answered RFIs shall not be construed as approval to perform Extra Work. Responses from the Department will not change any requirement of the Contract Documents. If the Contractor believes that a response to an RFI will cause a change to the requirements of the Contract Documents, the Contractor shall immediately give written notice to the Department stating that the Contractor considers the response to require a Change Order. Failure to give such written notice immediately (48 hours) shall waive the Contractor’s right to seek additional time or compensation. The Contractor shall allow the Department 30 calendar days for the review and response time for RFIs.

105.22TOLLING FACILITIES

Tolling facilities are defined as the steel gantry (or gantries), gantry supports, foundations, hardware, tolling equipment (both attached to the gantry and roadside), electrical cabinets, electrical cables and conduits, communication cables and conduits, manholes, handholes, utility poles, guardrail, barriers, and any other tolling infrastructure needed to safely operate the tolling location. Short-term is defined as a lane closure or lane shift for a 24-hour duration or less. Any lane closure or shift that is not considered short-term is considered long-term. Except for short-term outages due to scheduled construction activity, all tolling locations within the Project limits must continue to collect revenue during the construction of the Project. The

Part 100 — General Requirements and Covenants August 2025

100-62SECTION 105 — CONTROL OF WORK

Contractor shall schedule the work to minimize impacts to the tolling facility. The Contractor must conform to the following: • The Contractor shall locate the tolling facility, including any portion that may be underground before initiating any work. • The tolling facility cannot be relocated. Temporary bypass or crossover roads that result in traffic not flowing under the gantry will not be allowed without written approval from the Department. • If guardrail or barrier protecting the tolling facility is temporarily removed, the Contractor shall protect the tolling facility with temporary barrier that has an allowable deflection that is less than the distance between the barrier and the tolling facility. • The Contractor shall maintain access to the tolling facility at all times, including means for RIDOT and RIDOT’s Tolling Contractor to safely access the facility from the limited access roadway. • The tolling facility is configured to the existing lines and grade of the highway which passes underneath it. Any changes to the pavement elevation, pavement markings, tolling control points, lane alignment, or roadway alignment will require RIDOT’s Tolling Contractor to reconfigure and/or recalibrate the tolling facility. The Contractor shall plan its work to minimize disruption to the tolling facility by reducing the amount of downtime, reconfiguration, and recalibration necessary. • No traffic splits or bifurcated traffic will be allowed within 100 ft of a toll gantry without written approval from the Department. • When milling to remove pavement 100 ft on either side of the gantry, the Contractor shall mill the complete width of the roadway in one shift. • The Contractor shall repave the roadway as expeditiously as possible while conforming to requirements of the Standard Specifications. If the entire roadway cannot be repaved during a single shift, the Contractor shall repave the roadway on consecutive days until the entire roadway under the gantry is repaved and line striping in its permanent location is installed while conforming to requirements of the Standard Specifications. The Contractor shall schedule the work so that the paving can be completed on consecutive days and also conform to the approved Traffic Management Plan. • The Contractor shall submit a milling and paving schedule for work within 100 ft on either side of the gantry to RIDOT at least three weeks in advance showing the approximate dates of the milling and paving operations. The Contractor shall revise the appr oximate dates with actual dates no later than one week before the start of milling or paving. • The Contractor shall not park any vehicles or equipment or store any materials within 100 ft on either side of a toll gantry. • The Contractor shall coordinate all lane closures or shifts, whether permanent or temporary, with the RIDOT Tolling Section. Long- term lane shifts or lane closures will require the Contractor to submit a 21-day notice to the RIDOT Tolling Section. Short-term lane closures or shifts will require 48 hours notice to the RIDOT Tolling Section, not including weekends or holidays. The Contractor shall provide notice as defined in this paragraph to the RIDOT Tolling Section through the RIDOT Project Manager. N otice in this paragraph is in addition to any other notices required.

Part 100 — General Requirements and Covenants August 2025

• The Contractor shall repair any damage to the tolling facility due to construction operations as determined by the Department. RIDOT will repair the tolling facility and the Contractor shall reimburse RIDOT for any and all costs associated with the damage including, but not limited to, reimbursement of repair costs and RIDOT staff time. • Costs associated with adjustments and/or recalibration of the tolling facility due to lane shifts, milling, and/or paving operations will be the responsibility of RIDOT.