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104.14 CONTRACTOR'S RESPONSIBILITY FOR THE WORK . Until substantially complete,
the Contractor shall be responsible and shall pr otect all work against injury or damage from all causes whether arising from the execution or the non-execution of the work. At the Contractor's expense, the Contractor shall rebuild, repair, restore, and make good all losses, injuries, or damages to any portion of the work from any cause except those beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the project and shall take such precaution as may be necessary to prevent damage to the project, provide for normal drai nage and shall erect any necessary temporary structures, signs, or other facilities at its expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under his Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. All costs associated with the work described in this Subsection shall be borne by the Contractor, unless otherwise provided, under Subsection 104.03; Differing Site Conditions .
104.15 ENVIRONMENTAL PROTECTION. The Contractor shall comply with any and all
Federal, State and Local laws, rules, regulations, permits, approvals and Contract Provisions controlling pollution and protection of the environment, such that the Contractor does not pollute Freshwater and or Coastal Wetlands, (including but not limited to surface water features such as rivers, streams, lakes, ponds, reservoirs, tidal waters, etc.) and all other regulated natural resource areas, (including but not limited to, waters of the state and or federal jurisdiction, wellhead protections areas, groundwater recharge/discharge areas, critical habitats, natural heritage areas, forestland, cultural/historic resources etc.) with sediment, fuels, oils, bitumens, chemicals, solid and or liquid waste or other harmful or hazardous or foreign materials, and the atmosphere with particulate and gaseous matter. The Contractor shall read, become familiar with and aggressively and expeditiously adhere to environmental permits and approvals, c ontract provisions, Standard Specifications controlling pollution and protection of the environment. The contractor shall ensure that all employees, and all employees of each sub-contra ctor, avoid pollution of the environment. The contractor shall be responsible to ensure that all employees, and all employees of each sub-contractor, aggressively and expeditiously comply with any and all Federal, State and Local laws, rules, regulations, permits, approvals and Contract Provisions controlling pollution and protection of the environment. When work areas or pits in or adjacent to any drainage system components, flowing body of water, surface water, tidal water or State or Federally regulated waters, such work areas shall be separated from the main water body by a dike or barrier to keep sediment and or pollutants from exiting the work area. 1−31 Water from aggregate washing or other operations containing sediment and or other pollutants shall be treated by filtration, settli ng basins or other means sufficient to reduce the sediment /pollutant content to levels which do not exceed that of the receiving waters/areas, and or levels allowed by specific permit, law and/or regulation. Other requirements relating to temporary and permanent erosion and pollution controls are set forth in SECTIONS 206 through 212 and SECTION 214 respectively, of these specifications, and shall be in full effect. The Contractor, at his own expense, shall be responsible for any fines and penalties resulting from non-compliance and or enforcement actions administered by Federal, State or Local Regulatory Authorities or by the Engi neer for non-compliance with any and all Federal, State and Local laws, rules, regulations, permits, approvals and Contract Provisions controlling pollution and protection of the environment. The requirements set forth in SECTION 107, LEGAL RELATIONS AND RESP ONSIBILITY TO PUBLIC , of these specifications, shall be in full effect. Delay claims and compensation due to non-compliance of this specification, Federal, State or Local laws, Regulations and or Contract Provisions, will not be allowed. All time and/or delays resulting from non-compliance, including corrective work, will be considered non-excusable delays. Failure to comply with this subsection and or contract provisions permits and approvals, if in the opinion of the Engineer, will result in a failure to comply charge, as set forth within Contact Special Provision Codes and will be deducted from monies due the contractor. The Engineer will determine if multiple violations of the contract permits and approvals exist and that the charge be deducted per violation. This charge shall be separate from any penalties, fines or corrective actions resulting from regulatory agency enforcement actions. This charge will be deducted along with any penalties, fines or correc tive actions resulting from regulatory agency enforcement actions.
a.Plant and Pest Control Requirements. The United States Department of Agriculture has advised that soil and soil-moving equipment operating in regulated areas of certain counties will be subject to plant and pest quarantine regulations. In general, these regulations provide for cleaning soil from equipment before it is moved from regulated areas. Complete information may be secured from appropriate divisions of the Rhode Island Department of Environmental Management and the United States Department of Agriculture. Contractors shall comply with these regulations where applicable to the State of Rhode Island. SECTION 105 CONTROL OF WORK
105.01 AUTHORITY OF THE ENGINEER . The Engineer will decide all questions related to
the quality and acceptability of materials furnished; work performed; and the rate of progress of
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 44–45 of 826.