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4.Within 60 calendar days of the inspection, the Engineer will notify the Contractor, in writing, as to the following:
a.Any outstanding work items that remain to be completed.
b.Any unsatisfactory work that must be corrected.
c.The required submission of any and all executed documents, certificates, or proofs of compliance as required by the Contract. Subparagraphs (a), (b), and (c), above, constitute the Engineer's so-called, "punch list.”
5.The Contractor shall complete the work, correct unsatisfactory work, submit the required documents, and comply with all directions contained in the Engineer's "punch list" within 60 calendar days of the date of the Engineer's transmittal to the Contractor of said "punch list" except that; If, during the progression of these 60 calendar days for the Contractor to complete the work, the date of December 15th is encountered, said progression of days shall stop, and shall not again be resumed until the date of the following April 15th is encountered, the intervening 120 days being designated as winter "shut down" time.
6.At the conclusion of the 60 calendar days for the Contractor to complete the work, the progression of which is defined above, the Engineer shall make another inspection of the work. If the Engineer determines that the work of the Contract has been satisfactorily completed in full accordance with Subsection 101.09; Completion , such inspection shall constitute the Final Inspection. In such event, the Engineer will make final acceptance of the project on behalf of the State and shall notify the Contractor in writing of this acceptance as of the date of the aforementioned Final Inspection. If, however, this second inspection discloses that work remains to be completed, unsatisfactory work remains to be corrected, and documents remain to be submitted, the process will revert to that of Para. b.4 , above, and proceed accordingly; with the additional stipulation that liquidated damages will commence on the date of the second inspection and will remain in effect until final acceptance is subsequently achieved, all as hereinafter provided for in Subsection 108.08; Failure to Complete on Time .
105.18 Claims for Adjustments and Disputes .
a.Notification . If the Contractor deems that additional compensation is due for work or material not clearly covered in the Contract, the Contractor shall notify both the Engineer and the Chief of Construction Operations in writing of its intention to make claim for such additional compensation before beginning or continuing the affected work; also, the Contractor shall proceed diligently with performance of the contract pending final resolution of any request for relief, payment, claim, appeal or action arising under the contract, and comply with any decisions of the Engineer
1.If such notification is not given, or the Contractor does not afford the Engineer proper facilities for keeping strict account of the actual costs, the Contractor thereby 1−42 waives any claim for additional compensation. Notice by the Contractor, and the fact that the Engineer has kept account of the costs, shall not be construed as substantiating the validity of the claim.
b.Submission . Claims must be submitted within 120 days of substantial completion of the project. Claims submitted after 120 days will not be accepted. An equitable adjustment will be made to the Contract if the claim is found to be just. Nothing in this Subsection shall be construed as establishing any claim contrary to the terms of Subsections 104.02; 104.03; 104.04; 104.05; 104.06 and 104.07 .
c.Documentation of Claims . Any claim shall be in sufficient detail to enable the Engineer to determine the basis for entitlement and the resulting costs. The following minimum information must accompany each claim submitted:
1.A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim.
2.The date actions resulting in the claim occurred or conditions resulting in the claim became evident.
3.A copy of the "Notice of Potential Claim" must be filed for the specific claim.
4.The name and title of each Department employee knowledgeable about facts that gave rise to such claim.
5.The name and title of each Contractor or employee knowledgeable about facts that gave rise to such claim.
6.The specific provisions of the Contract which support the claim, and a statement why such provisions support the claim.
7.The identification of any pertinent documents, and the substance of any material or communications relating to the claim.
8.A statement whether the additional compensation or extension of time is based on the provisions of the Contract or an alleged breach of Contract.
9.If an extension of time is also sought, t he specific days for which it is sought and the basis for such claim as determined by an analysis of the construction schedule.
10.The amount of additional compensation sought and a breakdown of that amount.
d.Certification of Claims . When submitting a claim, the Contractor must certify in writing, under oath in accordance with the formalities required as to the following:
1.The claim is made in good faith. 1−43
2.Supportive data is accurate and complete to the Contractor's best knowledge and belief.
3.The amount of the claim accurately reflects the actual cost incurred by the Contractor.
e.Auditing of Claims . All claims filed against the Department shall be subject to audit by the Department at any time following the claim filing, whether or not the claim is part of a suit pending in the courts of this State. The audit may begin on ten days’ notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors and shall provide, at a minimum, access to the following documents:
1.Daily time sheets and foreman's daily reports.
2.Union agreements, if any.
3.Insurance, welfare, and benefits records.
4.Payroll register.
5.Earnings records.
6.Payroll tax returns.
7.Material invoices, purchases orders, and all material and supply acquisition contracts.
8.Material cost distribution worksheets.
9.Equipment records (list of company equipment, rates, etc.)
10.Vendor rental agreements, and subcontractor invoices.
11.Subcontractor payment certificates.
12.Canceled checks (payroll and vendors).
13.Job cost report.
14.Job payroll ledger.
15.General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals.
16.Cash disbursements journal.
17.Financial statements for all years reflecting the operations on this project. 1−44
18.Income tax returns whether such records are maintained by the company involved, its accountant, or others.
19.Depreciation records on all company equipment.
20.All other documents used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment.
21.All documents which reflect the Contractor's actual profit and overhead during the time the project was being performed and for each of the five years prior to the commencement of this project.
22.All documents related to the preparation of the Contractor's bid including the final calculations on which the bid was based unless the documents are placed in escrow under other provisions of the Contract.
23.Worksheets used to prepare the claim, establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals.
105.19 PROCEDURE FOR CLAIMS AND DISPUTES . Every effort shall be made by the
parties to the Contract to resolve claims and disputes in accordance with the internal procedures of the Department. If such efforts are unsuccessful, claims and disputes will be submitted to either binding arbitration or litigation for resolution in accordance with State Law.
105.20 Project Delays .
a.General Conditions Concerning Delays . Given the nature and extent of costs arising out of work that has been delayed, and the intent of both the Contractor and the State to promptly assign responsibility for such delay and to have all associated costs as fully documented as possible, strict adherence to the provisions of this Subsection is a condition precedent to the Contractor's entitlement to additional compensation or an extension of time because of project delays.
b.Notification of Delay . Within 30 calendar days of any Department action or omission which the Contractor believes has delayed or may delay the project, the Contractor shall notify the Resident Engineer of such a delay and indicate whether it intends to file a request for delay costs. The Contractor shall conf irm such notification in writing to the Engineer within 5 calendar days of its notification to the Resident Engineer.
c.Procedures . Upon notifying the Resident Engineer, the Contractor shall keep daily records of all non-salaried labor, material and equipment expenses for all operations that are allegedly affected by the delay. The Contractor shall also identify in the daily records each operation affected by the delay and the station location of each such operation. The 1−45 Department will also keep daily records. Ea ch Monday, the Contractor shall compare the previous week's daily records with those main tained by the Department. The Contractor shall report to the Engineer within 10 calendar days of each such comparison all disagreements with Department records. Failure to meet to review the Department's records or to report disagreements between the two sets of records will constitute the assumption that the Department's records are accurate. Delay costs allegedly incurred prior to notifying the Resident Engineer that operations have been delayed will not be allowed.
1.Each Monday, the Contractor shall prepare and submit written reports to the Resident Engineer regarding alleged delays which contain the following information:
a.Number of days behind schedule.
b.Identify all operations that have been delayed, or will be delayed.
c.Explain how the Department's act or omission delayed each operation, and estimate the amount of time required to complete the project.
d.Itemize all extra costs being incurred, with explanations for each such cost.
2.Within 15 calendar days of the termination of an alleged delay, the Contractor shall submit a report to both the Resident Engineer and the Engineer containing the following information:
a.A description of the operations that were delayed. Documentation and explanation of how the Department caused the delay to include the reports of all scheduling experts or other consultants, if any; and
b.An as-built chart, or other graphic depiction of how the operations were delayed.
c.An item-by-item calculation and explanation of extra costs being sought.
3.The Engineer will review the Contractor's submission and any reports prepared by the Resident Engineer. A written decision will be provided to the Contractor within 60 days of the receipt of the Contractor's submission. If the Engineer determines that the Department is responsible for delays to the Contractor's operations, an equitable adjustment to the Contract will be authorized in accordance with Subsection 109.10; Compensation for Project Delays .
105.21 WORK ZONE TRAINING. The Contractor’s TMP Implementation Manager and all other
Contractor/Subcontractor personnel responsible for the setup, operation, maintenance, inspection, movement and/or breakdown of temporary traffic control devices shall be trained in accordance with the Department’s “Training Guidelines for Personnel Responsible for Work Zone Safety & Mobility” and shall possess a certificate of satisfactory completion of such training. Training shall be at a level appropriate to the individual’s job responsibilities and to the
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 55–59 of 826.