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

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:

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:

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.