SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.01 Laws To Be Observed.
The Contractor shall be fully informed with, and observe and comply with, all Federal, State, and local laws, ordinances, regulations, permits, orders, and decrees of bodies or tribunals having jurisdiction or authority, as amended, which may affect the Work or those engaged or employed in the Work. The Contractor shall protect, defend, and indemnify the Department and its representatives against any claim or liability arising from the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor, the S ubcontractors, suppliers of materials or services, or others engaged by the Contractor or the employees of any of them. If any discrepancy or inconsistency is discovered between the Contract and any law, ordinance, regulation, order, or decree, the Contractor shall immediately report this to the Engineer in writing. The Contractor shall execute and file such 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 required by Federal, State, and local laws, ordinances, or regulations.
107.02 Specific Statutes Required To Be Inserted.
All Federal, State, and local laws, ordinances, permits are incorporated by reference, including but not limited to: • § 5-6-2 – Work for which license required • § 24-8-4.2 – Use of truck mounted attenuator • § 28-26-5 – License required for operation of hoisting machinery • § 31-25 – Size, weight, and load limits • § 37-13-5 – Payment for trucking or materials furnished – Withholding of sums due • § 37-13-6 – Ascertainment of prevailing rate of wages and other payments – Specification of rate in call for bids and in Contract • § 37-13-7 – Specification in Contract of amount and frequency of payment of wages • 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 and provides in part that in the event that Federal funds or Federal assistance are made available to the State for use in c arrying out highway projects, said projects shall be carried 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 inconsistent 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
Part 100 — General Requirements and Covenants August 2025
SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 100-69 regulations are not applicable to projects financed in whole or in part with Federal Aid Highway funds.
107.03 Permits, Licenses, and Taxes.
The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the prosecution of the Work at the Contractor’s own cost. The Contractor is responsible to secure permits, variances, or modifications to the permits secured by the Department necessary for the Contractor’s means and methods of construction.
107.04 Patented Devices, Materials, and Processes.
If the Contractor employs any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for their use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall defend and indemnify the Department, any affected third party, or political subdivision from all claims for infringement by reason of the use of any such patented design, device, material, process, trademark, or copyright. The Contractor shall indemnify the Department for costs, expenses, and damages that it may be obligated to pay by reason of any infringement thereof during the prosecution or after the completion of the Contract.
107.05 Restoration of Surfaces Opened By Permit.
The right to construct or reconstruct any utility service in a State owned and/or maintained highway or to grant permits for same is expressly reserved by the Department. Any individual, firm, or corporation wishing to make an opening in the highway shall first secure a permit from the Department. The Contractor shall allow parties bearing such permits, and only those parties, to make openings in the highway. When directed by the Engineer in writing, the Contractor shall make all repairs necessitated by such openings. This Work will be paid for as Extra Work.
107.06 Federal-Aid Participation.
When any Federal laws, rules, or regulations are in conflict with any provisions of a Federally assisted Contract, the Federal requirements will prevail, take precedence, and be in force over any conflicting provisions. If there is Federal participation in the cost of the Project, the Work shall be performed under the supervision of the Department but subject to the inspection and approval of the United States Government. Such inspection shall neither make the United States Government a party to this Contract nor interfere with the rights of either party to the Contract. At no additional cost to the Department, the Contractor shall fully cooperate with the inspection and provide safe access to all Project areas and allow the United States Government to examine any records or interview any person working on this Contract. Nothing in this Section shall be interpreted to limit or restrict in any way the authority of the United States Government.
Part 100 — General Requirements and Covenants August 2025
100-70 SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
107.07 Sanitary, Health, and Safety Provisions.
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, rules, regulations, and orders pertaining to sanitary, health, or safety provisions. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to health or safety. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees and the Department as may be necessary to comply with the requirements of the Contract. The Contractor shall admit without delay and without the presentation of an inspection warrant, any inspector of the Occupational Safety and Health Administration or other legally responsible agency involved in safety and health administration upon presentation of proper credentials.
107.08 Public Convenience and Safety Provisions.
The Contractor shall construct the Project to minimize obstructions to traffic. The Contractor shall provide all adequate safeguards, safety devices, protective equipment, and any other needed actions to protect the public and property in connection with the performance of the Work and as specified under 104.08. The Contractor shall perform any measures or actions the Engineer may deem necessary to protect the public and property. Except for Work done under items in the Contract, Work prescribed herein will not be paid for separately but is incidental to the Work. The Contractor shall report all accidents on the Project to the Engineer. The Contractor shall furnish the Engineer with two copies of a report of any accident occurring on the Project that involves any of the following: • Personal injury requiring medical treatment • Loss of time on the job • Public liability or property damage Accident reports shall be submitted on forms acceptable to the Engineer.
107.09 Barricades and Warning Signs.
Highways or bridges closed to traffic shall be protected by traffic control devices according to the latest edition of the MUTCD.
107.10 Use of Explosives.
The use of explosives is prohibited except when provided by the Contract. The Contractor shall obtain all required permits or licenses for possession and use of explosives. The Contractor shall comply with all pertinent laws and ordinances, including but not limited to Title 29 and Title 30 of the Code of Federal Regulations, and the Safety and Health Regulations for Construction of OSHA, and R.I.G.L. 23 -28.28, whichever is the most restrictive, in the use, handling, loading, transportation, and storage of explosives and blasting agents.
Part 100 — General Requirements and Covenants August 2025
SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 100-71 If the Contractor uses explosives, the Contractor shall not endanger life, property, or the Work. The Contractor shall be liable for all property damage and injury resulting from the use of explosives. 202.03.1 discusses the use of explosives and blasting.
107.11 Protection and Restoration of Property and Landscape.
The Contractor shall protect all public and private property impacted by its operations. The Contractor shall not move, disturb, or damage any land monuments or property markers unless directed by the Engineer in writing. The Contractor is responsible for damage to public and private property resulting from any act, omission, neglect, misconduct in the Contractor’s method of executing the Work, defective Work or materials, or failure to perform the Contract. The Contractor shall restore all damaged property to a condition similar or equal to that existing before the damage or injury occurred at its own expense. If the Contractor fails to restore the damaged property, the Department may restore the property and deduct applicable amounts from the Contract balance. Moved, disturbed, or damaged land monuments or property markers shall be replaced according to the standards in 435- RICR-00-00-1 Rules and Regulations for Professional Surveying in the State of Rhode Island.
107.12 Cultural Resources.
If the Contractor encounters artifacts of historical or archaeological significance, the Contractor shall immediately cease its operations in that area and notify the Construction Manager in writing. The Construction Manager will inform the RIDOT Historic Preservation Specialist who will determine the disposition of the site and determine the appropriate methods to preserve the artifacts.
107.13 Public Lands Protection.
When performing Work within or adjacent to public lands or waters, including State or national forests, parks, or other public or federal lands, the Contractor shall comply with all Federal, State, and local laws, ordinances, rules, regulations, and orders. The Contractor shall maintain the areas in a safe and clean condition, dispose of all refuse, and obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, sanitary facilities, and other structures.
107.14 Responsibility for Damage Claims.
a.Indemnification. The Contractor shall indemnify, defend and save harmless the State, the Department, its officers, employees and agents, adjoining states, cities, towns, municipalities, public utilities, railroad or railway company, any fee owner from whom a temporary R ight-of-Way was acquired for the Project, from any and all suits, actions, claims, liabilities, damages, losses, penalties, or costs of any character or nature brought
Part 100 — General Requirements and Covenants August 2025
100-72 SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC on account of any injuries, death, or damages sustained by any person or property arising out of or from any cause whatsoever from the performance of the Work. In addition to any remedy authorized by law, the Department may withhold from monies due to the Contractor an amount deemed necessary by the Engineer to ensure the defense and indemnification obligations of this Section until disposition has been made of any suits or claims. The Department reserves the right to pay any claimant and deduct monies fr om the Contract. The Contractor’s responsibility for indemnity shall survive the termination of the Contract. Notwithstanding the foregoing, nothing contained herein shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved by the State.
b.Required Insurance. The Contractor shall procure and maintain at the Contractor’s own expense, until final acceptance of Work, insurance coverage for damages assumed by the Contract or imposed by law, of the kinds and in the amounts specified, with insurance companies authorized to do business in the State. The insurance shall cover all operations performed under the Contract, whether by the Contractor or by Subcontractors. Before commencing with the Work, the Contractor shall furnish certificates of ins urance satisfactory to the Department certifying that the policies will not be changed or canceled unless 30 days written notice has been given to the Department. The limits of the insurance are specified by law or under the terms of the Contract: ● Workers' Compensation Insurance. Coverage shall be according to prevailing laws. ● Liability and Property Damage Insurance. Each policy shall name the Department as an additional insured and shall include a provision requiring the insurer to investigate and defend the Department against all claims for death, bodily injury, or property damages even if groundless. Coverages shall be in the following amounts: ○ Bodily injury liability: $500,000 each person $1,000,000, each occurrence ○ Property damage liability: $500,000 each occurrence $1,000,000 aggregate ● Insurance Covering Special Hazards . Special hazards shall be covered by either riders to the liability and/or property damage policy or policies specified above or by separate policies of insurance as follows: ○ Property Damage Liability arising out of the collapse of or structural injury to any building or structure due to: + Excavation (including borrowing, filling, or backfilling), tunneling, pile driving, cofferdam Work, or caisson Work; or
Part 100 — General Requirements and Covenants August 2025
SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 100-73 + Moving, shoring, underpinning, razing, or demolition of any building or structure, or removal or rebuilding of any structural support. ○ Property Damage Liability for injury to or destruction of property arising directly or indirectly from blasting or explosions however caused, other than explosions of air or steam vessels, piping under pressure, prime movers, machinery, or power transmitting equipment.
107.15 Third Party Beneficiary Clause.
Anyone not a party to the Contract is not a third-party beneficiary and may not maintain any action for damages under the Contract.
107.16 Personal Liability of State Employees.
The State’s authorized representatives are acting solely as agents and representatives of the State when carrying out and exercising the power or authority granted to them under the Contract. There shall not be any liability either personally or as employ ees of the State. Notwithstanding the foregoing, nothing contained herein shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved by the State.
107.17 No Waiver of Legal Rights.
Final Acceptance does not preclude the Department from correcting any measurement, estimate, or certificate made before or after completion of the Work. The Department may recover from the Contractor, the Surety, or both, any overpayments by the Departmen t. A waiver on the part of the Department of any breach of any part of the Contract is not a waiver of any other or subsequent breach. The Contractor shall be liable to the Department for latent or patent defects, fraud or such gross mistakes as may amount to fraud, and/or regarding the Department’s rights under any warranty or guaranty of the Work without prejudice to the terms of the Contract.
107.18 Hazardous Material.
If the Contractor encounters or exposes any abnormal condition that may indicate the presence of a hazardous material or toxic waste, it shall immediately suspend Work in the area and notify the Engineer in writing. The Contractor's operation in this area shall not resume until directed by the Engineer in writing. However, t he Contractor shall continue working in other areas of the Project. • Abnormal conditions shall include: ○ Barrels ○ Tanks ○ Discolored earth ○ Obnoxious odors
Part 100 — General Requirements and Covenants August 2025
100-74 SECTION 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ○ Obnoxious or discolored liquids ○ Excessively hot earth ○ Smoke ○ Any other condition that could indicate the presence of hazardous material or toxic waste • The Contractor shall comply with all Federal, State, and local laws, ordinances, rules, regulations, and orders for the disposition of the hazardous material or toxic waste.
107.19 Civil Rights.
The Contractor shall comply with Federal, State, and local laws, rules, and regulations, including Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d – 2000d4 (the Act) and 49 CFR Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 (the Regulations), as amended, which set forth unlawful employment practices including that of discrimination because of race, religion, color, sex, or national origin and that define actions required for Affirmative Action and Minority (Disadvantaged) Business programs.
Referenced in this section
Legal Relations and Responsibility to Public in other states
- Alaska 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
- Alabama 107 · LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
- Arizona 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
- Colorado 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
- Delaware 107 · LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
- Idaho 107 · LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
- Indiana 107 · LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
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Source: Standard Specifications for Road and Bridge Construction (Blue Book), 2022 (Aug 2025 compilation) Edition. Pages 79–85 of 951. View official source ↗