1−51 or lessee. Copies of such written permission, outlining any and all pertinent agreements between the property owner and the Contractor, shall be furnished to the Engineer by the Contractor. The Contractor shall comply with all Federal, State and local statutes and/or ordinances in reference to the storage of materials, and shall be liable for all damages arising from the violation thereof.
2.Roads with Curbing and Sidewalks . Construction materials and/or equipment shall not be stored within existing or newly constructed travel lanes, paved shoulders, or designated parking lanes. No portion of the sidewalks may be used for storage of construction equipment and/or material. 106.07 HANDLING MATERIALS . Materials shall be handled in such manner to preserve their quality and fitness for the work. Aggregates shall be transported from the storage site to the work in vehicles constructed to prevent loss or segregation of materials after loading and measuring. 106.08 UNACCEPTABLE MATERIALS . Materials not reasonably conforming to the requirements of the Specifications will be considered as unacceptable and all such materials will be rejected and removed immediately from the site of the work unless otherwise instructed by the Engineer. Rejected material, the defects of which have been corrected, shall not be used again until approval by the Engineer has been granted.
106.09 DEPARTMENT-FURNISHED MATERIALS . The Contractor shall furnish materials
required to complete the work, except those specified to be furnished by the Department. Material furnished by the Department will be delivered or made available to the Contractor at the points specified in the Contract Documents. The cost of handling and placing Department-furnished materials after they are delivered to the Contractor shall be included in the Contract price for the item in which they are used. The Contractor will be responsible for all material delivered. Deductions will be made from any monies due the Contractor for shortages, deficiencies, other causes, and damage which may occur after delivery. Demurrage charges, resulting from the Contractor's failure to accept the material at the designated time and point of delivery will also be deducted from monies due the Contractor. 1−52 SECTION 107 LEGAL RELATIONS AND RESP ONSIBILITY TO PUBLIC
107.01 LAWS TO BE OBSERVED . The Contractor shall keep fully informed of Federal and
State laws, local laws, ordinances, and regulations and orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the Project, or which affect the conduct of the Project. The Contractor shall observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the State and its representativ es against any claim or liability arising from the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor, the subcontractors, suppliers of materials or services, or others engaged by the Contractor, or the employees of any of them. If any discr epancy or inconsistency is discovered between the Contract and any law, ordinance, regulation, order or decree, the Contractor shall immediately report the same to the Engineer in writing. The Contractor shall execute and file su ch documents, statements and affidavits required under applicable Federal or State law or regulation affecting its Proposal, Contract or the prosecution of the work. The Contractor shall permit the examination of any records made subject to such examination by Federal or St ate law or by regulations promulgated thereunder by any State or Federal agency charged with the enforcement of such law.
107.02 SPECIFIC STATUTES REQUIRED TO BE INSERTED . Every contract for the
construction of public works by the State, or by persons or organizations contracting with the State for such construction, shall contain the following provisions from the General Laws of Rhode Island:
a.Title 37, Chapter 13, Sections 5, 6, and 7 , respectively, of the General Laws of Rhode Island, 1956, entitled "Labor and Debts of Contractors,” read as follows: "37-13-5. PAYMENT FOR TRUCKING OR MATERIALS FURNISHED -- Withholding of sums due. -- A contractor or subcontractor on public works authorized by a proper authority shall pay any obligation or charge for trucking and material which have been furnished for the use of such contractor or subcontractor, in connection with the public works being performed by him, within ninety (90) days after such obligation or charge is incurred or the trucking services has been performed or the material has been delivered to the site of the work, whichever is later. When it is brought to the notice of the proper authority in a city or town, or the proper authority in the state having supervision of such contract, that such obligation or charge has not been paid by the contractor or subcontractor, the proper authority may deduct and hold for a period not exceeding sixty (60) days, from sums of mone y due to the contractor or subcontractor, the equivalent amount of such sums certified by a trucker or materialman creditor as due him, as provided in this section, and which the proper authority determines is reasonable for trucking performed or materials furnished for such public works." "37-13-6. ASCERTAINMENT OF PREVAILING RATE OF WAGES. -- Before awarding any contract for public works to be done, the proper authority shall ascertain from the director of labor the general preva iling rate of the regular, holiday and overtime 1−53 wages paid and the general prevailing payments on behalf of employees only, to lawful welfare, pension, vacation, apprentice traini ng and educational funds (payments to said funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors) in the city, town, village or other appropriate political subdivision of the state in which the work is to be performed, for each craft, mechanic, teamster, laborer or type of workman need ed to execute the contract for the public works, and shall specify in the call for bids fo r the contract and in the contract itself the general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees only, to such welfare, pension, vacation, apprentice training and education funds existing in the locality for each craft, mechanic, teamster, laborer or type of workman needed to execute the contract or work." "37-13-7. APPLICABILITY AND DETERMINATION OF PREVAILING RATE OF WAGES. -- every call for bids for:
a.every contract in excess of $1,000 to which the State of Rhode Island or any political subdivision thereof is party, fo r construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the State of Rhode Island or any political subdivision thereof, and which requires or involves the employment of employees shall contain a provision stating the minimum wages to be paid various types of employees which shall be based upon the wages that will be determined by the director of labor to be prevailing for the corresponding types of employees employed on projects of a character similar to the contract work in the city, town, village, or other appropriate political subdivision of the State of Rhode Island in which the work is to be performed; and every contract shall contain a stipulation that the contractor or his subcontractor shall pay all said employees employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any accoun t, the full amounts accrued at time of payment computed at wage rates not less than those stated in the call for bids, regardless of any contractual relationships which may be alleged to exist between the contractor or subcontractor and such employees and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be wit hheld from the contractor so much of accrued payments as may be considered necessary to pay to such employees employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid said employees on the work and the rates of wages received by such employees and not refunded to the contract or, subcontractors, or their agents;
b.the term `wages, scale of wages', `wage rates', `minimum wages', and `prevailing wages' shall include:
1.the basic hourly rate of pay; and (2) the amount of (A) the rate of contribution made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and (B) the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to employ ees pursuant to an enfo rceable commitment to carry out a financially responsible plan or program which was communicated in writing 1−54 to the employees affected, for medical or ho spital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemploym ent benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holid ay pay, for defraying costs of apprenticeship or other similar programs, or for other bonafide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of such benefits: Provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of director of labor insofar as this chapter of this title and other acts incorporating this chapter of this title by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in paragraph (2) (A), or by the assumption of an enforceable commitment to bear the costs of a plan or program of a type referred to a paragraph (2) (B), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2)."
b.Title 28, Chapter 26, Section 5 of the General Laws of Rhode Island, 1956 , entitled "License Required for Operation of Hoisting Machinery - Public Contracts," reads as follows: 28-26-5. No persons shall operate or be in direct charge of a hoisting or excavation gasoline, steam, diesel, electric or compressed air hoist, shovel, crane, excavator, of five horsepower or more without obtaining a license to do so as provided in this chapter. No user or agent of use of any such described steam, gasoline, diesel, electric or compressed air hoisting machinery shall permit it to be operated unless it is operated by a duly licensed person as hereinafter provided by this chapter.
c.Chapters 85, 86 AND 88 of the Public Laws or Rhode Island, 1960 : Section 123 of the aforesaid chapters defines the authority of Director of Department of Public Works and use of Federal assistance a nd provides in part that in the event that Federal funds or Federal assistance are made av ailable to the State for use in carrying out highway projects, said projects shall be carri ed out and executed in all respects subject to the provisions of the appropriate Federal law providing for the construction of such projects and the rules and regulations made pursuant thereto, and to such terms, conditions rules and regulations, not inconsis tent with such Federal law, rules and regulations as said Director may establish to ensure the proper execution of said projects, therefore, any provisions of the State laws that conflict with the Federal laws, rules and regulations are not applicable to projects fina nced in whole or in part with Federal Aid Highway funds.
d.Public Law - Chapter 5-6-2 ; entitled "Work for Which License Required," reads as follows: No person, firm, or corporation shall enter into, engage in, or work at the business of installing wire, conduits, apparatus, fixtures and other appliances for carrying or using electricity for light, heat or other purpose, unless such person, firm or corporation shall
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 65–68 of 826.