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. 1−96 b) The Department will notify the Prime Contractor of the formal complaint in writing within 15 days and will proceed to withhold an amount equal to the previous payment(s) made to the Prime Contractor for the specific subcontractor’s work. The Prime Contractor must submit written documentation to the Department demonstrating good cause for not making the required payment within 15 days. If the Department does not receive the required documentation within the required 15 days or does not accept the Contractor’s good cause justification, the Department will withhold or c ontinue to withhold an amount equal to all previous payments to the Prime Contractor for the specif ic Subcontractor’s work until the Department has verified payment to the Subcontractor. If the Department accepts the Prime Contractor’s good cause justification, it will notify the Subcontractor of its decision that this is categorized as a dispute and payment to the Prime Contractor will be released. The Subcontractor and Prime Contractor may solve their dispute in any fashion they so choose (arbitration, mediation, litigation, etc.). The cost of any such arbitration/mediation shall be borne by both parties at an equal share or as otherwise provided for in any agreement between the parties. c) Should the two parties enter into a payment agreement/settlement, the Department will only release previous monies held in accordance with the agreement/settlement. Should the Prime Contractor default again, the De partment will contact the bonding company and request complete payment within 15 days. Should the bonding company and/or Prime Contractor fail to make complete payment afte r a 15-day period, all progress payments to the Prime Contractor will stop until the subcontract or is paid and the dispute is resolved to the satisfaction of the Department. Any delays and/or claims resulting from the actions taken by the Department under this Specification will not be the responsibility of the State. 2−1 DIVISION II CONSTRUCTION DETAILS
Part 200
EARTHWORK AND EROSION CONTROL SECTION 201 SITE PREPARATION
201.01 DESCRIPTION. This work consists of the performance of actions that are required to clear
and prepare the site for subsequent construction operations. These actions all have a common characteristic; they involve the removal and legal disposal of both designated vegetative materials and man-made objects and facilities. These actions include, but are not limited to, the following: clearing and grubbing; cutting and removing isolated tr ees and stumps; partial or complete removal of isolated tree stumps; trimming tree roots; removal and disposal of culverts, masonry; drainage and utility structures; pipe; rigid and flexible pavement; granite, concrete and bituminous curbing; fences and railings; guardrail of all types; underground and above-ground storage tanks; miscellaneous items such as highway bounds and signs ; demolition of buildings and structures; and all other obstructions or undesirable materials within the right-of-way. All such materials, objects and facilities shall be removed and legally disposed of. The Contractor shall be compensated for clearing and preparing the site for construction operations through individual Proposal items; one such item for each removal and disposal action. The following Subsections contain descriptions of some of the most common removal and disposal actions. 201.01.1 Clearing and Grubbing. This work consists of cutting, removing from the ground, and disposing trees, stumps, brush, shrubs, hedges, roots and other vegetation which occur within the right-of-way and interfere with excavation, embankment, fencing, clear vision, or are otherwise considered objectionable. This work also includes the preservation from injury or defacement of all vegetation and objects outside clearing limits. 201.01.2 Cutting and Removing Isolated Trees and Stumps. This work consists of cutting and removing designated isolated trees and stumps in excess of 4 inches in diameter (measured at 4 inches above existing ground) which are located within the general area of construction work but which are not located within the areas specified for Clearing and Grubbing. 201.01.3 Partial Removal of Isolated Tree Stumps. This work consists of the partial removal of designated isolated tree stumps which are located within the limits of the project.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 109–111 of 826.