1−93 under those lump sum items indicated in the Bid Schedule. Partial payments for the completed and accepted portions of such work will be made to the Contractor based on the Engineer's estimate of the value of said completed work. Prior to award of the Contract, or in any case within ten (10) calendar days after the date of the Notice of Award, the Contractor shall submit to the Engineer for approval two copies of the breakdown of each lump sum bid item that appears in the Bid Schedule, (excluding the Mobilization item). The breakdown of Lump Sum-Superstructure and Lump Sum-Substructure items shall include only those items listed on the Plans, and shall include the Contractor's verified quantities it used in preparing its bid. All other additional costs (such as engineering, shop drawings, formwork, equipment, etc.) to complete those items of work shall be included and distributed in the breakdown of those listed items. For other lump sum items not identified on the Plans, the Contractor shall provide a breakdown of the various items that constitute the respective lump sum work items. The Engineer will use as a guide the Lump Sum breakdowns submitted by the Contractor if they fairly represent the cost of the various items of work. If, in the opinion of the Engineer, the prices submitted by the Contractor do not fairly represent the cost of the various items of work, the Engineer may substitute other prices that do fairly represent the cost of such work.
109.08 Payment of Withheld Funds .
a.Payment . Upon request, the Department will make payment of funds withheld from progress payments if the Contractor deposits, in escrow, securities eligible for the investment of State funds or bank certificates of deposit, upon the following conditions:
1.The Contractor shall bear the expenses of the Department and the State Treasurer in connection with the escrow deposit made.
2.Securities or certificates of deposit to be placed in escrow will be subject to the approval of the Department and, unless otherwise permitted by the escrow agreement, shall be of a value of at least 100 percent of the amounts of retention to be paid to the Contractor pursuant to this Section.
3.The Contractor shall enter into an escrow agreement satisfactory to the Department.
4.The Contractor shall obtain the written consent of the Surety to the agreement.
109.09 ACCEPTANCE AND FINAL PAYMENT . When the project has been accepted as
provided in Subsection 105.17 , the Engineer will prepare the final estimate of work performed. If the Contractor approves the final estimate or files no claim or objection to the quantities therein within 30 days of receiving the final estimate, the Department will process the estimate for final payment. With approval of the final es timate by the Contractor, payment will be made for the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provision of the Contract. 1−94 If the Contractor files a claim in accordance with Contract requirements, it shall be submitted in writing in sufficient detail to enable the Engineer to ascertain the basis and amount of such claim. Upon final adjudication of the claim, any additional payment determined to be due the Contractor will be placed on a supplemental estimate and processed for payment. All prior partial estimates and payments will be subject to correction in the final estimate and payment.
109.10 Compensation for Project Delays .
a.Compensable Delays . The Department will provide an equitable adjustment to the Contractor for those delays created by the Depart ment's acts or omissions. Unless otherwise specified, the Contractor assumes the risk of damages from all other causes of delay. The term "delay" shall be deemed to mean any event, action, force or factors which extends the Contractor's time of performance of the Contract. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay,” "disruption,” "interference,” "impedance,” "hindrance" or otherwise. Strict compliance with the provisions of this Subsection will be an essential condition precedent to any equitable adjustment for delays.
b.Limitation of Costs . Only the additional actual costs associated with the following items will be recoverable by the Contract or as an equitable adjustment for delays.
1.Documented and substantiated additional or escalated job site non-salaried labor expenses. 2. Documented and substantiated additional or escalated costs for materials.
3.Documented and substantiated equipment costs or escalated equipment costs. When measuring additional equipment expenses (i.e., ownership expenses) arising as a direct result of a delay caused by the Department, use actual records kept in the usual course of business, and measure increased ownership expenses pursuant to generally accepted accounting principles.
4.Documented and substantiated extended job-site overhead to include those costs necessary to maintain the job site during the delay such as field office (inclusive of equipment, copy and fax machines, computers etc), field office utility bills (i.e. electricity, gas, water, etc.), field office supplies and janitorial services, and security. Under no circumstances will any of the contractor’s labor costs (inclusive of extended field labor) be paid under extended job-site overhead. Labor costs are paid subject to the conditions of No.b.1 and No.b.5 of this section. 5. An additional surcharge of 10 percent of the total of items 1, 2, 3, and 4, to account for home office overhead as well as all salari ed labor (both home office and extended field supervision), and profit. 1−95 Note : Where documentation, payment for equipment, and/or cost substantiation is specified, the Contractor shall adhere to the requirements in Section 109.04 of these Specifications. Payment for costs submitted fo r reimbursement will be made only to the extent that the requirements of Section 109.04 are met to the satisfaction of the Engineer.
c.Waiver of Liability . The parties agree that, in any adjustment for delay costs, the Department will have no liability for the following items of damages or expense:
1.Profit in excess of that provided herein;
2.Loss of profit;
3.Labor inefficiencies;
4.Home office overhead in excess of that provided herein;
5.Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency;
6.Indirect costs or expenses of any nature;
7.Attorneys fees, claims preparation expenses or costs of litigation.
109.11 PROMPT PAYMENT PROCEDURES . In accordance with Title 42, Chapter 11.1-1 of
the General Laws, all invoice vouchers submitted by the Contractor will be paid within thirty (30) days, provided however, that according to 42-11. 1-5(B)2, the thirty (30) day period will not commence until the Department has reviewed and accepted all invoice documentation in its proper and approved form.
109.12 SUBCONTRACTOR PROMPT PAYMENT . The Prime Contractor shall make prompt
payment for satisfactory subcontract work for which the Department has made partial or full payment. The term “Subcontractor” as used herein, is defined in Subsection 101.70; Subcontractor . When a Subcontractor has not received payment for work paid to the Prime Contractor within 30-days from receipt of the actual check by the Prime Contractor from the State, a formal complaint may be filed under the following procedures:
a.The Subcontractor will send written notification to the Department, including contract item numbers, date work performed, a copy of t he invoice(s) from the Subcontractor to the Prime, and a copy of the Progress Payment w here payment to the Prime Contractor was included. The latter item may be obtained from the Department’s field supervisor or Construction Office. If the Subcontractor has not provided a payment/performance bond for this work to the contractor, then the formal complaint must also include verification that all suppliers and other debts on these items have been paid or documented reasons for non-payment acceptable by the Department. Failure to provide this verification will be considered “good cause” for postponement of payment by the Prime Contractor.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 107–109 of 826.