Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 12 - Rhode Island Department of Transportation Projects (220-RICR-30-00-12) › Section 220-RICR-30-00-12.3 - Definitions

Current through June 14, 2024
A. For purposes of this Part, unless
				 otherwise specified, all terms shall have the same meanings as ascribed in the
				 State Purchases Act, R.I. Gen. Laws Chapter 37-2 or as ascribed in Parts 1
				 through 11 of this Subchapter.
B.
				 For the purposes of this Part, the following terms are defined as set forth
				 below:
1. "Actual cost" means the cost
				 actually incurred by the Contractor or subcontractor in the performance of
				 work. Actual costs will include labor, material, actual ownership cost of
				 equipment or invoiced rental rates, verified payroll burdens, verified general
				 and administrative overhead, and profit. While the Contractor is required to
				 establish such costs with competent documentation (including but not limited to
				 invoices, certified payrolls, financial statements) RIDOT may rely upon an
				 audit of the Contractor's financial records by a RIDOT appointed
				 auditor.
2. "Award" means the
				 written acceptance by the State of the successful Proposal consisting of the
				 executed Contract Agreement and Purchase Order.
3. "Bid documentation" as used in this clause
				 means all writings, working papers, computer printouts, charts, computer data
				 files associated with the preparation and/or submittal of a bid proposal, and
				 all other data compilation which contains or reflects information, data or
				 calculations used by the Contractor to determine its bid submitted for a
				 project. The term "bid documentation" includes material relating to the
				 determination and application of equipment rates, overhead rates, labor rates,
				 efficiency or productivity factors, arithmetic extensions, schedules for time
				 or any determination of time related to project overhead, as well as quotations
				 from subcontractors and material suppliers to the extent that such rates and
				 quotations were used by the Contractor in formulating and determining the
				 amount of the bid. The term "bid documentation" also includes any manuals which
				 are standard to the industry used by the Contractor in determining the bid for
				 a project. These manuals may be included in the bid documentation by reference,
				 and will show the name and date of the Publication and the Publisher. The term
				 does not include bid documents provided by RIDOT for use by the Contractor in
				 bidding on a project.
4. "Calendar
				 day" means each and every day shown on the calendar, beginning and ending at
				 midnight.
5. "Completion" of the
				 project occurs when:
a. the work has been
				 satisfactorily completed in all respects in full accordance with the
				 Contract,
b. and the Contractor has
				 satisfactorily executed and delivered to the Engineer all documents,
				 certificates, and proofs of compliance as required by the Contract.
6. "Contract bonds" means the
				 approved form of securities, executed by the Contractor and its Surety or
				 Sureties, guaranteeing complete execution of the Contract and all supplemental
				 agreements pertaining thereto, and the payment of all legal debts pertaining to
				 the construction of the project.
7.
				 "Contract time" means the number of work days or calendar days allowed for
				 completion of the Contract including authorized time extensions. When calendar
				 date of completion is specified in the Proposal, the Contract shall be
				 substantially completed on or before that date.
8. "Dig safe" means a one-call damage
				 prevention system, established and funded by public utilities that own and
				 operate underground facilities within the State, for the purpose of receiving
				 and giving notice of proposed excavation activity pursuant to R.I. Gen. Laws
				 Chapter 39-1.2, Excavation Near Underground Utility Facilities.
9. "Division of Purchases" means the division
				 in the Department of Administration of the State of Rhode Island, the head of
				 which is the State Purchasing Agent.
10. "Equipment" means all machinery, tools,
				 and apparatus, together with the necessary supplies for upkeep and maintenance,
				 necessary for the construction and completion of the Contract.
11. "Equitable adjustment" means an
				 adjustment in the Contract price and time occasioned by the performance of work
				 beyond that required by the original Contract, including extra work, changes,
				 differing site conditions and changes in quantities. The equitable adjustment
				 of Contract price will be based on an agreed upon lump sum, agreed upon unit
				 prices, force account, or the actual cost of the work. The equitable adjustment
				 of the Contract time will be based on a comparison of the time demonstrated by
				 the Contractor's schedule and the time required for the execution of the
				 work.
12. "Financial statements"
				 means a set of reports detailing, on an annual, semi-annual or other prescribed
				 time period, the financial activity of a company, corporation or other business
				 venture. For purposes of Post Qualification and Award, these shall include a
				 complete set of audited financial statements certified by a Certified Public
				 Accountant (CPA) or, in the case of contracts valued at $500,000 or less, a
				 bidder's financial references and an original copy of its current financial
				 statement.
13. "Highway", "Street",
				 or "Road" means a public way for purposes of vehicular and pedestrian travel,
				 including the entire area within the Right-of-Way.
14. "Holidays" means in the State of Rhode
				 Island legal holidays occur on New Year's Day; Martin Luther King Day; Memorial
				 Day; Independence Day; Victory Day; Labor Day; Columbus Day; Veteran's Day;
				 Thanksgiving Day; and Christmas. If any holiday listed above falls on a Sunday,
				 the following Monday shall be considered a holiday.
15. "Materials" means any substances
				 specified for use in the construction of the project.
16. "Notice to contractors" means a public
				 announcement inviting bids for work to be performed and/or materials to be
				 furnished. Such notice will indicate with reasonable accuracy the nature and
				 location of the work to be performed; the time and place of the opening of
				 Proposals; and any Contract statutory provisions required by the Federal
				 Government.
17. "Notice of
				 tentative selection" means a written communication from the State to the
				 successful bidder indicating the conditional intention of the State to award
				 the Contract. This communication instructs the successful bidder to arrange a
				 meeting with the appropriate State official within 15 days of the receipt of
				 said notice for the purpose of executing the Contract Agreement and Contract
				 Bonds, and for the delivery of the required Certificates of
				 Insurance.
18. "Plans" means the
				 approved plans, profiles, typical cross sections, working drawings and
				 supplemental drawings, or exact reproductions thereof, which show the location,
				 character, dimensions, and details of the work to be performed.
19. "Project" means the specific section of
				 the highway or other specific property on which construction is to be performed
				 as described in the Contract.
20.
				 "Proposal" means the written offer of a bidder, on prescribed forms generated
				 by the RIDOT's approved proposal preparation computer software, to perform the
				 stated work at the prices quoted. As used herein, "Proposal" is synonymous with
				 "bid."
21. "Proposal form" means
				 the prescribed form, generated by the Quest Lite or other approved procurement
				 software bid preparation software, on which the offer of a bidder is
				 submitted.
22. "Proposal guaranty"
				 means the security furnished with a Proposal to assure that the bidder will
				 enter into the Contract if the Proposal is accepted.
23. "Quest Lite" means a computer software
				 used by bidders to prepare a bid proposal.
24. "RIDOT" means the Rhode Island Department
				 of Transportation.
25.
				 "Specifications" means the compilation of provisions and requirements for the
				 performance of the prescribed work and consisting of the following:
a. Standard Specifications. A book of
				 specifications approved for general application and repetitive use.
				 Specifically, the Rhode Island Standard Specifications for Road and Bridge
				 Construction of latest revision, also known as the "Blue Book".
b. Supplemental Specifications. Approved
				 additions and revisions to the Standard Specifications.
c. Special Provisions. Additions and
				 revisions to the Standard and Supplemental Specifications applicable for an
				 individual project.
d. The Required
				 Contract Provisions for Federal-Aid Projects, when applicable.
e. Federal Wage Rates. A schedule of
				 prevailing rates of wages of labor for the geographical area in which the work
				 of the Contract is to be performed; compiled by, and issued from time to time
				 by the Secretary of the United States Department of Labor.
26. "Specified completion date" means the
				 date stated in the Proposal on which the Contract work, or specified portion
				 thereof, is to be substantially completed.
27. "Supplemental agreement" means a Contract
				 Addendum signed by RIDOT and the Contractor for the performance of work which
				 is beyond the scope of the original Contract but which RIDOT elects to perform
				 in conjunction with the existing Contract.
28. "Surety" means the legal entity, or
				 individual other than the Contractor, executing a bond or bonds furnished by
				 the Contractor.
29. "Work" means
				 the furnishing of all labor, materials, equipment, and other incidentals
				 necessary for the successful completion of the project in accordance with the
				 Contract.