108Prosecution and Progress

— PROSECUTION AND PROGRESS

108.01SUBLETTING OF CONTRACT

The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the Contract or any portion, or of its right, title, or interest therein, without written consent of the Engineer. The Contractor’s work force shall perform at least 40 percent of the total Contract price excluding the total cost of specialty items listed in the Proposal, which may be Subcontracted without regard to the 40 percent limitation. Specialty items are defined in 101.83. No subcontracts, transfers, or assignments of the Contract shall relieve the Contractor of liability under the Contract and Bonds. The Contractor shall submit a copy of its written agreements with subcontractors, including lower tiered subcontractors, when requesting to sublet any Work under the Contract. No agreements between the Contractor and its S ubcontractors or vendors shall create third party relationships to the Department.

108.02PRECONSTRUCTION

Before commencement of any major Work on the Project, a Preconstruction Conference will be held to review the proposed Project schedule and coordinate the Work of the Contractor, utilities, and Subcontractors as defined in 101.63. The Contractor shall be prepared to discuss in detail the proposed schedule, the plan for stormwater pollution prevention, and the Traffic Management Plan, especially as these relate to coordination with the schedules of the utilities and Subcontractors. In addition, the Contractor shall be prepared to provide details of the sources and delivery of materials. The Department will issue a written Notice to Proceed for Construction operations within 14 calendar days after Contract Award.

108.03PROSECUTION AND PROGRESS

● The Contractor shall develop and maintain an integrated schedule management and controls program through Completion of all Projects. The Contractor shall initiate the Schedule Development process upon its receipt of the Apparent Low Bidder letter. The Special Provisions of the Contract will identify the applicable schedule requirements, according to the following levels: ○ Schedule Level A. Projects with a high level of complexity, impact to the motoring public or community, and/or larger size Projects. ○ Schedule Level B. Projects of average to moderate complexity, moderate impact to the motoring public or community, and/or average size. ○ Schedule Level C. Smaller Projects with minimal to no complexity, and minimal impact to the community. Examples include Projects such as resurfacing, maintenance, and landscaping.

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100-76SECTION 108 — PROSECUTION AND PROGRESS

● The Contractor’s Schedule is the primary tool for the Contractor to organize and communicate its plan for the timely completion of the Project. The Contractor’s Schedule shall include all Contract requirements, including Work performed by the Department, Contractor, Subcontractors, vendors, suppliers, utilities, regulatory agencies, and any other third party. The Contractor’s Schedule is used to identify the Critical Path and near critical activities, assess progress, perform contemporaneous delay analyses, Project time and resources required for tasks, and identify opportunities for mitigation, if necessary. ● If the Contractor fails to provide an acceptable Project Baseline Schedule and Project Schedule Update according to the requirements of the Contract, the Contractor shall be responsible for all delays and resulting costs to the Project. ● The Department may withhold progress payments if the Contractor fails to submit required Schedule Submissions, including, but not limited to Schedule Development, Schedule Updates, and Recovery Schedule Submissions. ● The software used to generate the Critical Path Method (CPM) Schedule shall be capable of producing schedules according to the requirements of the Contract Documents and fully compatible with software utilized by the Department. Primavera Project Planner (P6 Professional Latest Release) or approved equivalent.

● Scheduling and Schedule Submittals requirements shall be based on the defined schedule level. The Schedule Development process shall commence on the date that the Apparent Low Bidder letter is transmitted to the Contractor, which will be deemed Day 0 (zero) for all Schedule Submittals. ● Meetings will be held as deemed necessary by the Department, to facilitate the Schedule Development Process. Each Submission shall incorporate the comments from the previous Submission(s). If any Schedule Development Submission does not conform to the Contract, the Contractor shall revise and resubmit before proceeding to the next step. Each Submission shall include electronic files in their corresponding format and in PDF format. The table below details the required Submissions and their corresponding Submission due dates for each schedule level.

Part 100 — General Requirements and Covenants August 2025

Step Step Description* Schedule Level RIDOT Review Deadline (after receipt of submission) A B C Step 1 Scheduler's Resume Day 3 - - 3 days Step 2 Initial Schedule Framework Day 7 - - 4 days Step 3 Complete Schedule Framework Day 14 Day 14 - 5 days Step 4 Preliminary Schedule Day 28 Day 28 Day 28 7 days Step 5 Baseline Schedule – Activities and Logic Day 42 Day 42 Day 42 7 days Step 6 Baseline Schedule – Bid Item Loaded Day 70 Day 70 Day 70 7 days Step 7 Baseline Schedule – Resource-Loaded Schedule Day 84 - - 7 days Step 8 Project Baseline Schedule – Finalized Day 98 Day 98 Day 98 7 days All days are Calendar Days * Refer to Para. d. Schedule Requirements for Technical Scheduling Requirements; refer to the Special Provisions for Project specific information, including Project Groups, ID Standards, Milestones, Activity Data, and Amtrak Outage Work. ● The requirements for each Schedule Development Submission are listed below:

dedicated full-time to the Project, with a minimum of three (3) years’ experience on Projects similar in size and scope. The scheduler shall be responsible for developing, updating, and maintaining the Schedule. The Contractor shall submit the resume of the proposed scheduler(s) to the Engineer within 3 days of the Department transmitting the “Apparent Low Bidder” Letter. The Department may impose additional conditions based upon qualifications submitted. The scheduler shall be present at all required meetings, including but not limited to the Schedule Development, Schedule Update, and any other meetings that may affect the Project’s Schedule.

tep 2: Initial Schedule Framework.

sequencing/methods.

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100-78SECTION 108 — PROSECUTION AND PROGRESS

Data includes:

equipment resources detailed by crews, incorporating all Department comments to date.

the first 120 days after the NTP.

(summary activities shall not have durations greater than 60 days).

activities.

Contract.

of all logic changes since the Baseline Schedule Submittal.

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Project.

explanation of all logic changes made since the Baseline Schedule Submittal.

Steps into the Project Baseline Schedule to conform to the Plans and Specifications.

by the Department . The Contractor shall not change the Project Baseline Schedule after acceptance by the Department.

● Project Update Meetings shall be held (every two weeks for Level A and once a month for Levels B and C) from Notice to Proceed to the completion of the Project. The Contractor is required to attend each meeting with all updated information (data as of the data date) compiled in advance. ● The Contractor shall furnish written meeting minutes from the previous Project Meeting using a standard template provided by the Department, a complete and accurate report of the current progress, a printed Critical Path report, a report of the days gained or lost relative to the Substantial Completion date and any other completion dates along with detailed explanation, and a depiction of how future Work plans shall meet the Contract completion dates. The Contractor shall disseminate a copy of the draft meeting minutes to the attendees and others that are required (discussed with team members). All recipients of the meeting minutes shall express any comments at the next Project Update Meeting or send an email documenting any comments. The Contractor shall incorporate any comments into the minutes. The meeting attendees shall discuss if the meeting minutes will become part of the Project file. The meeting minutes do not become official until the Department accepts the minutes. ● Failure to attend meetings or submit schedule updates may result in withheld Progress Payments. At each meeting, the Contractor shall provide sufficient copies of the updated schedules and documentation in the format acceptable by the Department . The Contractor shall submit an electronic copy of the Schedule Update Submittals on the scheduled Project Update Meeting date or no later than two (2) working days after the Project Update Meeting. Updates shall be submitted even in the absence of a Project Update Meeting at the same frequency. The Department has five (5) working days to review the Schedule Update Submittal. The Schedule Updates shall contain the following components:

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100-80SECTION 108 — PROSECUTION AND PROGRESS

● Additional Requirements for Schedule Level A Projects:

than Two Week Look Ahead Schedule.

● All Schedule data, logic and duration changes, and any modifications to the Schedule shall be addressed, discussed, and documented with the Department at the Project Update Meeting. This shall be done before the Contractor submitting their finalized Schedule Updates. Failure to do so may result in rejected updates. ● Changes to the accepted Baseline Schedule shall be detailed in the Schedule Update Narrative. The acceptance and inclusion of these changes will not be the sole basis of acceptance or entitlement to any time extension(s) or monetary compensation(s). ● Schedule Update Submittals will not be used as the sole basis for any adjustment in the Contract Time(s), regardless of their acceptance by the Department . Any acceptance of the Schedule Update Submittal by the Department, either expressed or implied, will only apply to the issue of progress.

during Schedule Development. The Schedules shall be developed and maintained according to the following requirements: ● Schedule Narrative. A description of the sequence of events summarizing the detailed Milestone Status, Critical Path, and all changes made to the Schedule, including Actual Dates, logic revisions, and Calendar and Duration changes. All Project Schedule Submissions shall include a Schedule Narrative as follows:

reliminary Schedule Narrative . The Preliminary Schedule Narrative shall:

activities/resources for the first 120 calendar days and summarize Project activities thereafter. Summary activities shall not be greater than 60 calendar days in duration.

changes made to the Schedule Submission.

include:

Part 100 — General Requirements and Covenants August 2025

120 calendar days, including the average and maximum number of workers by craft designation on site each month, the shifts to be worked and actual and potential labor resource limitations.

120 calendar days, including each type of operated equipment, the quantity each month, the criteria for mobilizing and demobilizing to and from the site and actual and potential resource limitations.

changes made to the Schedule Submission.

including all activities that contain contingency days for adverse weather. Lack of preparation for normal adverse weather is unacceptable.

and maximum number of workers by craft designation on site each month, the shifts to be worked and actual and potential labor resource limitations.

operated equipment, the quantity each month, the criteria for mobilizing and demobilizing to and from the site and actual and potential resource limitations.

with plant operations, coordination with third parties, temporary Contractor facilities or fixed equipment planned for use.

next two weeks.

affects the Project.

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100-82SECTION 108 — PROSECUTION AND PROGRESS

Phase Completion Work.

changes made to the Schedule Submission.

changed, a description of the scope of the elective change, its effect on the Project, driving resources and key constraints.

Working Days of the Critical Path) that were planned to occur during the Update Period, but did not occur or occurred later than the scheduled late start or late finish date, and an explanation of these delays. Identification of delays to activities taking place off the Project site, e.g., Submittal preparation, fabrication, and delivery activities.

by more than twenty (20) percent and justification for maintaining original planned durations for future activities of like Work.

the average and maximum number of workers on site each month. Identify actual and potential labor resource limitations. A summary of the actual labor utilization used over the past month.

identifying each type of operated equipment to be used on the Work, the planned quantity of each type of operated equipment utilized each month, and all changes to the criteria for mobil izing and demobilizing each piece of equipment to and from the site. Identify actual and potential equipment resource problems. A summary of the actual equipment utilized over the past month. ● CPM Schedule. All CPM Schedules shall utilize a Work-Breakdown Structure (WBS) developed by the Contractor. The WBS shall be used as the primary code for displaying and organizing the graphical output schedules utilized for the Project, unless otherwise directed by the Department. Title case shall be used for WBS and Activity descriptions. The following is the basic dictionary for the WBS.

asic Structure for WBS :

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Department.

Contractor shall include Milestones, Interim Completion Dates, and/or Phase Completion Dates, if specified in the Contract. Late Finish Constraints shall be assigned to these dates.

ctivity Code : The CPM Schedules shall contain activity code classifications and code values. The Contractor shall propose a coding structure for the Department’s review and acceptance. The activity code structure combined with the activity identification number shall provide the capability to organize information by location, road or ramp, structure, Work type, S ubcontractor, discipline, etc., as deemed necessary by the Department . The Contractor shall reserve three (3) code classifications (fields) and a minimum of six (6) characters for the Department’s use. RESP code shall be utilized for identification of responsible party. RESP values shall be discussed at the Schedule Development Meetings.

ctivity Description : An activity description shall consist of a Work function, construction element and specific location of Work. No two activities will have the same description Non- specific terminology shall not be used in the activity’s description. Any abbreviations used in the activity descriptions shall be defined in the Schedule Narrative Report. The activity description shall be left -justified and in title case.

ctivity Durations : The CPM Schedule shall incorporate a minimal number of activities with durations less than two (2) working days and more than twelve (12) working days. The Contractor may request acceptance from the Department to assign durations greater than twelve (12) working days. The justification for such request shall be fully detailed in the Preliminary and Baseline Schedule Narratives.

ctivity Type : The following activities or events are required in the Schedule:

Interim Completion Dates and Phased Completion Dates as specified in the Contract.

ummary (Hammock and Level of Effort Activities) Schedule Activities . The Contractor shall maintain a Summary Activity schedule. These Summary Activities shall remain in all Schedule Submittals. The predecessor and successor activities of the Summary Activities may be modified to include all those activities that are entered the Schedule and considered part of the respective Summary Activity’s scope of Work.

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100-84SECTION 108 — PROSECUTION AND PROGRESS

Milestone and Summary as defined above shall be Task Activities.

for each activity based upon the schedule data date, actual dates, schedule logic, schedule constraints, calendars, and original duration or remaining duration according to the scheduling parameters defined in thisS ection. The Contractor shall provide actual start and finish dates to the Department for acceptance. In the event of a disagreement, the Department will assign the dates to be used for the activities at issue.

ctivity Bid Item Loading. All bid items listed in the proposal pages shall be assigned to its corresponding schedule activity or distributed to a group of activities using Primavera’s resources dictionary and resource assignment. The total value and quantities of the activities allocated to each bid item shall equal the total value and quantities of the corresponding bid item listed in the proposal.

alendars . The Contractor shall include the below referenced calendars in the Schedule or may request acceptance from the Department to create additional calendars. It is the responsibility of the Contractor to schedule the Work according to the Contract. The Contractor shall not schedule Work during winter shutdown or any other Contract shutdown period unless permitted by Contract or as permitted by the Department . If Work during the winter shutdown period is accepted by the Department, the Department will not consider delays during this period eligible for a time extension. The following calendars are:

Shutdown);

Shutdown);

Schedules:

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sequence of Work performed within the Contract Time(s). The CPM Schedules shall conform to the following requirements:

otherwise specified, “Bid Opening ” shall be the only activity without a predecessor; “Substantial Completion ” and each Milestone or Phase Completion shall be the only activities without successors.

No-Later-Than” for access restraints and Contract Milestone(s) or Phase(s). The Contractor shall request acceptance from the Department to use their constraints for other activities before the and incorporation in the CPM Schedule. The use of “ Zero Free Float ”, “Start On ”, “Expected Finish” , “Mandatory Start” or “Mandatory Finish” is prohibited.

Department. Activity lags shall not be used in lieu of logic relationships.

allowed. A tie representing a different constraint will not be considered redundant.

the required layouts and templates for the Schedule.

settings:

determining percent complete shall be duration.

(3).

(1). This setting may be changed at the direction of the Department.

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100-86SECTION 108 — PROSECUTION AND PROGRESS

within the Contractor’s Submittal List (CSL) Each submittal item shall have an activity for submittal preparation, review, fabrication, and delivery. The Contractor is responsible for the accuracy and completeness of its schedule activities. All delays and/or inaccuracies related to submittals and procurement are the responsibility of the Contractor.

eview and Acceptance of Project Schedule Submittals . The Department will review Schedule Submittals for conformance with the requirements of the Contract Documents. The planning, scheduling, and execution of the Work and the accuracy of any Project Schedule is the responsibility of the Contractor. The Cont ractor remains responsible for errors in any previously accepted Project Schedule, including but not limited to omitted activities, activity durations, relationships between activities, resource allocation, or any float suppression techniques. The Department may direct the Contractor to address and adjust schedules that do not accurately reflect the Work at any time, with no additional cost to the Department. Acceptance of any Project Schedule does not relieve the Contractor of any responsibility for the completion of the Work in conformance with all Contract requirements.

rogress Delays . ● Recovery Schedules.

prosecution of the Work. Whenever the Project Schedule Update indicates late critical path progress by 20% or more in Contract Time, or at the Department’s request, the Contractor shall develop and submit a Recovery Schedule in the form of a proposed Baseline Schedule Revision.

during the development of a Recovery Schedule.

eliminating or mitigating said delays to the Contract Time(s). The Recovery Schedule shall be submitted within thirty (30) calendar days of the corresponding Project Schedule Update and is subject to acceptance by the Department. ● Non-Excusable Delays. The development and submission of the Recovery Schedule shall be at no additional cost to the Department. ● Excusable Delays. The Department may reimburse the Contractor for the costs of the development of the Recovery Schedule. ● Progress Payments . The Department may withhold progress payments, either in whole, or in part if the Contractor fails to submit a Recovery Schedule.

● Project Baseline Schedule Revisions shall conform to all requirements for acceptance of the Project Baseline Schedule and associated updates, including but not limited to

Part 100 — General Requirements and Covenants August 2025

inclusion of added or deleted activities, changes to logic or relationships, and a distribution of costs for the added Work or changes. ● The Department will review and comment on this revision within 14 calendar days of its submission. ● The final draft of the proposed Baseline Schedule Revision shall incorporate all accepted changes and be submitted for acceptance within 5 calendar days following the Department’s acceptance. ● The accepted Baseline Schedule Revision shall be referred to as “Baseline Schedule of Record – rev #” in subsequent Project Schedule Update submittals. ● A Baseline Schedule Revision is required whenever there is a change to the Baseline Schedule of Record or its corresponding Project Schedule Update, and whenever a Progress Delay threshold is triggered.

108.04LIMITATION OF OPERATIONS

The Contractor shall limit its operations to prevent unnecessary inconvenience to the traveling public. If the Engineer concludes that the extent of the Contractor’s Work unnecessarily inconveniences the public or concludes that limiting operations are necessary to protect the existing or new construction from damage, the Engineer will require in writing that the Contractor finish portions of Work in progress before starting new Work.

108.05CHARACTER OF WORKERS

The Contractor shall provide workers with the skill and experience necessary to perform the work. Any person employed by the Contractor or by any Subcontractor who does not perform the Work in a proper and skillful manner or is intemperate, disorderly, or creating a hostile work environment shall, at the written direction of the Engineer, be removed from the Project immediately by the Contractor or Subcontractor employing such person. This individual shall not be employed again on any RIDOT Projects without the prior written approval of the Engineer. Should the Contractor fail to remove such person or persons as directed above, the Engineer may withhold progress payments from the Contractor and suspend the Work until the person or persons are removed. The Contractor will not be entitled to additional time or costs in these cases.

108.06EQUIPMENT, MEANS, AND METHODS

The Contractor shall use suitable equipment of sufficient size and mechanical condition to produce the specified quality of work and to complete the Project according to the Contract. The Contractor is responsible for ensuring that the equipment does not harm the roadway, adjacent property, other highways, workers, or public. The Engineer may order the removal and replacement of any equipment deemed unsuitable with no additional time or costs to the Department.

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100-88SECTION 108 — PROSECUTION AND PROGRESS

The Contractor shall operate all equipment with adequate lighting at night. The Contractor is responsible for its means and methods to safely accomplish the Work in conformity with the requirements of the Contract. The Contractor is not entitled to a time extension or compensation for an approved change in means and methods.

108.07DETERMINATION AND EXTENSION OF CONTRACT TIME

If completion of the Work requires additional time, a written time extension request may be made according to the requirements of Subsections 104.02 and 108.03 for an Extension of Contract Time. A claim that insufficient time was specified in the Contract is not a valid reason for extension of time. The Department will not evaluate a request for extension of the Contract Time unless the Contractor notifies the Engineer as specified in 104.02. The Department will have no liability for any constructive acceleration of the Work, nor shall the Contractor have any right to make any Claim for constructive acceleration nor include it as an element of any claim the Contractor may otherwise submit under this Contract. If the Engineer gives express written direction for the Contractor to accelerate its efforts, the written direction will set forth the prices and other pertinent information and will be executed by a written Contract Amendment.

an Extension of Contract Time Request that includes a narrative, a ccepted Project schedules, copies of all supporting documentation, and related correspondence in one complete package. ● The narrative shall include the following: ○ A certification by the Contractor that it performed the Work according to the Project Schedule Baseline and that the Request for Extension of Contract Time results from unforeseeable delays that were not the Contractor’s responsibility. Information to be contained in the narrative includes the identification, description, and documentation of each delay, including the circumstances resulting in the delay, the responsible parties for the delay, and the date of delay notification to the Department. The Contractor shall calculate and submit the number of calendar days that each delay impacted each Contract date. ○ Identification, description, and documentation of each mitigation action, including actions taken by each party to mitigate delays, the dates of such actions, and the calculation of calendar days that were gained or mitigated by such actions. ● Accepted Project Schedules shall be included in an Extension of Contract Time Request. Department Accepted Schedules shall be referenced as is; schedules either Accepted as Noted, Not A ccepted, or Rejected shall be corrected before use in the Extension of Contract Time Request. The number of days requested shall be supported in the Project Schedules. ● All Project documentation and correspondence that substantiates any delays or mitigation detailed in the narrative shall be included in the Extension of Contract Time Request.

Part 100 — General Requirements and Covenants August 2025

● Contractor’s Extension of Contract Time Request. The Contractor shall use a Contemporaneous Analysis when evaluating delays to: ○ Identify the accepted Project Schedule Update that occurs immediately before the start of the delay being evaluated. ○ Identify each Project Schedule Update in effect during the delay and the Project Schedule Update with a data date that immediately follows the conclusion of the delay. ○ Identify the critical path each day from immediately before the start of the delay to the Project Schedule Update to immediately following the delay. ○ Determine whether the delay falls on the critical path. If the delay falls on the critical path, the time extension due, if any, will be based upon the number of days the critical path is delayed. If the delay does not fall on the critical path, then no Project delay occurred and no time extension is due. ○ The Department will review the Contractor’s evaluations and calculations and determine the time extension due, if any. ○ Notification. The Contractor shall be responsible for notifying the Engineer according to Subsections 104.02 and 108.03 of any Department action or omission that the Contractor believes has delayed or may delay the Project. Such notification shall be a precondition to consideration of an Extension of Contract Time Request.

● Excusable, Non- Compensable Delays. Excusable, non -compensable delays are unforeseeable delays that are neither the Contractor’s nor the Department’s responsibility. The following events are examples of excusable, non- compensable delays: ○ Delays due to Acts of Nature, such as earthquake, lightning strikes, tidal wave, tornado, hurricane, or other cataclysmic phenomenon of nature. ○ Delays due to weather, if the Contractor is entitled to a time extension for weather as specified in 108.07 (b), 4th bullet. ○ Extraordinary delays in material deliveries that the Contractor or its suppliers could not foresee or avoid that resulted only from freight embargoes, government acts, or nationwide material shortages. ○ Delays due to civil disturbances or acts of the public enemy. ○ Delays due to labor strikes that are beyond the Contractor’s, S ubcontractor’s, or supplier’s power to settle and are not caused by unlawful acts or omissions of the Contractor, Subcontractor, or supplier.

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100-90SECTION 108 — PROSECUTION AND PROGRESS

○ Delays due to acts of the government or a political subdivision other than the Department. ○ Delays due to utility or railroad interference on the Project. ● Excusable, Compensable Delays. Excusable, compensable delays are unforeseeable delays that are the Department’s responsibility. The following events are examples of excusable, compensable delays: ○ Delays due to revised Work as specified in Subsections 104.03, 104.05, and

104.07

○ Delays due to an Engineer-ordered suspension as specified in 104.06. ○ Delays due to the Department’s failure to act according to the Contract. ● Non-Excusable Delays. Non -excusable delays are delays that are the Contractor’s responsibility. All non -excusable delays are non- compensable. Examples of non- excusable delays include the following events: ○ Delays due to the Contractor’s, S ubcontractor’s, or supplier’s insolvency or mismanagement. ○ Delays due to delivery of materials. ○ Delays due to the Contractor's failure to provide sufficient forces and equipment. ○ Delays caused by plant and equipment failure. ○ Delays due to non- compliance with 104.15 or Federal, State, or Local laws, or Regulations, including corrective work. ● Weather Delays. The Contractor shall anticipate the number of days lost per month for weather-sensitive activities according to the Table below. The Department will extend Contract Time for weather if the Contractor cannot perform Work on the critical path due to weather, and if the cumulative delay due to weather each month exceeds the number of days specified in the Table below. Work on the critical path is considered delayed if the Contractor is prevented from proceeding on an activity for at least 60 percent of the total daily time planned for the activity for all shifts scheduled for that day. Submit daily documentation, as specified in 105.19, for activities that are delayed by weather.

Part 100 — General Requirements and Covenants August 2025

Anticipated Number of Days Lost Per Month for Weather-Sensitive Activities Month Number of Days Lost January3 311 February3 281,2 March3 20 April3 15 May 10 June 10 July 10 August 10 September 10 October 15 November 15 December3 20 1 For concrete placement Items, as specified in PART 800, other than approach slabs, the number of days anticipated is 20 days. 2 For leap years, the number of days restricted is 29. 3 For projects without Winter Shutdown The number of days will be adjusted based on the Transportation Management Plan. For example, if the TMP only allows the Contractor to work five days per week, the days lost column will be adjusted by 5/7ths and applied to the actual workdays permitted by the TMP. ● Concurrent Delays. Concurrent delays occur when both parties are responsible for the same period of delay. When a non- excusable delay is concurrent with an excusable delay, the Contractor is entitled to a non-compensable extension of time for the period of the excusable delay.

108.08FAILURE TO COMPLETE ON TIME

For each day, including workdays, Saturdays, Sundays, and Holidays, that any Work shall remain uncompleted after the time established for completion of the Work in 105.18, the applicable Daily Charge specified below will be deducted from any money due the Contractor, not as a penalty but as liquidated damages. An adjustment of the Contract time for completion of the Work granted under the provisions of 108.07 will be considered in the assessment of liquidated damages. Permitting the Contractor to continue and finish the Work, or any part of it after the Contract time or any time extensions has passed, will not waive the Department’s rights under the Contract. Unless otherwise specified, liquidated damages will not accrue during the winter shutdown period; i.e., December 15th through the following April 15th. Rates for liquidated damages will be established according to the Schedule. When the Contract time is either on the calendar day or fixed calendar day basis, the Schedule for calendar days shall be used. When the Contract time is on a workday basis, the Schedule for workdays will be used. See the Table below.

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100-92SECTION 108 — PROSECUTION AND PROGRESS

Schedule of Liquidated Damages Original Contract Amount Daily Charge From More Than To and Including Calendar Day or Fixed Date Workday $ 0 $ 25,000 $ 200.00 $ 300.00 25,000 50,000 350.00 500.00 50,000 100,000 450.00 600.00 100,000 500,000 900.00 1200.00 500,000 1,000,000 1200.00 1700.00 1,000,000 2,000,000 1500.00 2050.00 2,000,000 6,000,000 1950.00 2700.00 6,000,000 10,000,000 * 2350.00 3250.00 * Projects over $10,000,000 will have Liquidated Damages assigned in the Job Specific Special Provisions.

108.09DEFAULT OF CONTRACT

The Department may declare the Contractor in default for one or more of the following: • Failure to commence the Work according to the Contract Documents • Failure to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work within the Contract Time • Failure to perform the Work according to the Contract requirements and/or refusal to remove and replace rejected materials or unacceptable Work • Discontinues the prosecution of the Work • Failure to resume Work suspended by the Engineer or discontinued by the Contractor within the time ordered by the Engineer • Insolvency, bankruptcy, or receivership • Makes an assignment of the Contract for the benefit of creditors • Fails to comply with Contract requirements regarding minimum wage payments or EEO requirements • Unlawful acts or omissions The Department will provide written notice to the Contractor and the Surety of a default (Notice of Default). The written Notice of Default will include a notice to cure and will establish a date by which the cure shall be completed. The Department may allow more time to cure than originally stated in the Notice to Default if the Department deems it to be in its best interest. Failure to cure the delay, neglect, or default within the time specified in the Notice of Default authorizes the Department to te rminate the C ontract according to 108.10. In this case, the Department will provide the Contractor and the Surety with a written Notice of Termination.

Part 100 — General Requirements and Covenants August 2025

After a Notice of Termination is issued, the Department may assume the Work without further notice; may complete it by itself, by C ontract or otherwise; and may take possession of and use the materials, appliances, equipment, or plant on the Work site necessary for completing the Work. The Department may transfer the obligation to perform the Work from the Contractor to the Surety. In that event, the Surety shall submit its plan for completion of the Work, including any Contracts or agreements with third parties for completion, to the Department for approval before beginning Work. The Surety shall follow the Contract requirements for approval of S ubcontracts, except that the limitation on percent of Work subcontracted will not apply. On receipt of the transfer notice, the Surety shall take possession of all materials, tools, equipment, and appliances at the Work site, employ an appropriate Work force, and complete the Contract Work as specified. The Contract specifications and requirements shall remain in effect, except that the Department will make subsequent Contract payments to the Surety or other entity as required. The Contractor and the Contractor's Surety are jointly and severally liable for any damage to the Department resulting from the Contractor's delay, neglect, or default, whether or not the Department terminates the Contractor's right to prosecute the Work. The Department’s damages include any increased costs incurred by the Department in completing the Work or paying for the Work to be completed. The Department will not relieve the Contractor and the Contractor’s surety of the liability for the assessment of liquidated damages because of the Contractor’s default. All additional costs incurred by the Department due to the default will be deducted from any monies due or to become due to the Contractor. If such costs exceed the sum that would have been payable under the Contract, then the Contractor and the Surety shall be liable for the balance of such costs. The Department’s rights and remedies are in addition to any other rights and remedies provided by law or under the Contract. If, after Notice of Termination of the Contractor's right to proceed under this clause, it is determined that the Contractor was not in default or that the default was excusable, the rights and obligations of the parties will be determined as if the termination had been issued for the convenience of the Department according to 108.10. Thus, damages to which the Contractor may be entitled due to the improper default termination will be limited to appropriate amounts for the items listed in 108.10.

108.10TERMINATION OF CONTRACT

any of the following:

Rhode Island with respect to the prosecution of war or the interest of national defense or any disaster declaration.

prosecution of the Work based on acts or omissions of persons or agencies other than the Contractor.

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100-94SECTION 108 — PROSECUTION AND PROGRESS

The Engineer will issue a written Notice of Termination to the Contractor, which shall include the effective date of the termination and for which of the above-listed reasons the Contract is terminated.

immediately:

approved to complete Work not terminated

Subcontracts. The Engineer will settle all claims on the terminated orders or Subcontracts.

Subcontracts. Settlements shall be limited to costs allowed under this Section.

or produced for incorporation into the Project and that are properly allocable to the terminated portion of the Project, exclusive of items disposed of under item #6(b) below.

produced but not incorporated into the Project as of the termination date, and as directed by the Engineer under either (a) or (b) below:

for the materials at the actual cost delivered to the Project or storage site, including transportation charges, to which cost 15% will be added.

The Contractor may acquire the materials if the Engineer approves the sale price and if the Contractor meets any other conditions prescribed by the Engineer. At the sole discretion of the Department, the proceeds of any sale, transfer, or disposition of materials may be:

Contract,

and other property required to be furnished under the Contract.

Part 100 — General Requirements and Covenants August 2025

property in which the State has or may acquire an interest.

The Contractor shall proceed immediately with performance of the above obligations notwithstanding any delay in determining or adjusting the amount of any item or reimbursable cost under this clause.

after the effective date of termination with the following stipulations:

of:

to the effective date of the termination subject to 108.10(c)(2) regarding reimbursement of equipment costs and 108.10(c)(3) regarding unallowable items.

termination claims of suppliers and Subcontractors to the extent not covered under

(c)(1)(a)

preparation of the termination claim, excluding costs incurred after the submission of the claim to the Department.

settlements paid under 108.10(c)(1)(b).

109.04

limited to the actual period of time equipment is idle as a direct result of the termination not to exceed 30 days. Operating expenses will not be included for payment of idle equipment time.

Part 100 — General Requirements and Covenants August 2025

100-96SECTION 108 — PROSECUTION AND PROGRESS

the terminated Work and not otherwise recovered by or credited to the Department

extinguish any of the rights of the Department against the Contractor or the Contractor’s Surety then existing or which may thereafter accrue. Any retention or payment of monies by the Department due under the terms of the Contract will not release the Contractor or the Contractor’s Surety from the contractual obligations.

etaining Records . The Contractor shall maintain and make available all Project cost records to the Department for audit. This includes all books and other evidence bearing on the Contractor's costs and expenses under this Contract. The Contractor shall make these records and documents available to the Department at the Contractor's office at all reasonable times without any charge.