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2.All records related to the possession and use of explosive materials shall be open for inspection by the Engineer and the Police Departments of the cities and towns in which the project is located.
3.The Contract prices for the various items of work shall include full compensation for providing a complete record of blasting operations.
h.Repairs . The Contractor is cautioned that it will be responsible for any damage to existing roadway surfaces, drainage lines, structures or other objects as a result of blasting operations. The Contractor will be required to repair such damage as may be directed by the Engineer in accordance with prevailing Rhode Island Special Provisions or Standards for the particular type of work involved. The Contractor shall assume the full cost of making such repairs.
107.11 PROTECTION AND RESTORATIO N OF PROPERTY AND LANDSCAPE . The
Contractor shall be responsible for the preserva tion of all public and private property and shall protect carefully from disturbance or damage all land monuments and property marks until the Engineer has witnessed or otherwise referenced their location. The Contractor shall not move such monuments and marks until so directed. When the Contractor's operations encounter remains of prehistoric dwelling sites or artifacts of historical or archaeological signi ficance, the operations shall be temporarily discontinued. The Engineer will contact archaeological authorities to determine the disposition thereof. When directed by the Engineer, the Contractor shall excavate the site to preserve the artifacts and shall remove and deliver them to the custody of the proper state authorities. Such excavation will be paid for as hereinafter provided in Subsection 109.04; Differing Site Conditions, Changes, Extra Work, and Force Account Work . The Contractor shall be responsible for all dama ge or injury to public or private property resulting from any act, omission, neglect, or misconduct in, of either the Contractor's or its subcontractors' manner or method of executing the work, or in consequence of the non-execution thereof. Furthermore, the Contractor shall be responsible for all such damage due to defective materials. The Contractor shall restore, at its own expense, such property to a condition similar or equal to that existing befor e such damage or injury was done, by repairing, rebuilding, or otherwise restoring as directed by the Engineer. Should the Contractor enter into, either directly or indirectly, an agreement with a property owner within the project limits, the Contractor must first obtain the signature of the property owner on the so-called LETTER TO THE PROPERTY OWNER to be provided by the Department. This document explains that the St ate is not a party to the agreement between the Contractor and the property owner and must be signed by the property owner and returned to the Resident Engineer. If the agreement affects or changes the design of the roadway, the Contractor must first submit these modifications, via shop drawings, to the Chief Engineer for approval. 1−60
107.12 FOREST PROTECTION . In carrying out work within or adjacent to State or National
Forests, the Contractor shall comply with all regulations of the State Fire Marshall, Conservation Commission, Forestry Department, or other authority having jurisdiction governing both the protection of forests and the prosecution of work within such forests. The Contractor shall observe all sanitary laws and regulations with respect to the performance of work within or adjacent to such forest areas. The Contractor shall maintain the areas in an orderly condition, dispose of all refuse, obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures in accordance with the requirements of the Forest Supervisor. The Contractor shall take all reasonable precaution to prevent and suppress forest fires. Furthermore, the Contractor shall require its employees and subcontractors, both independently and at the request of forest officials, to do all reasonably within their power to prevent and suppress and to assist in preventing and suppressing forest fires and to make every possible effort to notify a forest official at the earliest possible moment of the location and extent of any fire observed by them.
107.13 Responsibility for Damage Claims.
a.Indemnification. The Contractor shall defend, indemnify and hold harmless the State, the Department, its officers and employees, from any and all suits, actions, claims, losses, expenses, damages and any and all other liabilities of any character resulting in any injuries or damage to any person, entities, or property arising out of (or which may be claimed to arise out of) any act and/or omission of the Contractor or its subcontractors, in performance of work covered by the Contract, and/or in consequence of any neglect in safeguarding the work; and/or through use of unacceptable materials in constructing the work; and/or because of any neglect, or misconduct of the Contractor; and/or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; and/or from any claims or amounts arising out of or recovered under the Workers’ Compensation Act, or any other law, ordinance, order, or decree. The State may retain for its exclusive use, without recourse by the Contractor or anyone claiming under the Contractor, any and all amounts due the Contractor as provided under the Contract Documents to assure the Contractor’s compliance with this Section. In the event no money is due or the re tained sums are insufficient to fully indemnify the State hereunder, the Surety shall be held liable with the Contractor until this Section is complied with in full; except that money due the Contractor will not be withheld when satisfactory evidence is produced that the Contractor is adequately protected by public liability and property damage insurance, the insurer has been given proper, timely notice of any claims arising from the work performed by the Contractor pursuant to the Contract, and the insurer has assumed defense of the claim. The Contractor shall provide written confirmation satisfactory to the Department that all such actions have been pr operly addressed prior to final payment under Subsection 109.09 . Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved by the State.
b.Liability Insurance . The Contractor shall procure and maintain at the Contractor’s own expense, until final acceptance of Contract, insurance coverage for damages assumed by 1−61 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 the work, the Contractor shall furnish certificates of insurance in the form satisfactory to the Department certifying that the policies will not be changed or canceled until 30-days written notice has been given to the Department. The types and limits of insurance are as follows:
1.Workers' Compensation Insurance . Coverage shall be in accordance with prevailing laws.
2.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 any and all claims fo r death, bodily injury or property damages even if groundless. Coverages shall be in the following amounts:
a.Bodily injury liability: $500,000, each person. $1,000,000, each occurrence.
b.Property damage liability: $500,000, each occurrence. $1,000,000, aggregate.
c.Insurance Covering Special Hazards . Special hazards shall be covered by either riders to the liability and/or property damage policy or policies hereinabove specified, or by separate policies of insurance as follows:
1.Property Damage Liability arising out of the collapse of or structural injury to any building or structure due to:
a.excavation (including borrowing, filling, or backfilling in connection therewith), tunneling, pile driving, cofferdam work or caisson work; or
b.moving, shoring, underpinning, raising or demolition of any building or structure, or removal or rebuilding of any structural support thereof.
2.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.
107.14 THIRD PARTY BENEFICIARY CLAUSE . It is specifically agreed between the parties
executing this Contract that it is not intended by the provisions of the Contract to create the public or any member thereof a third-party beneficiary hereunder, or to authorize anyone not a 1−62 party to the Contract to maintain a suit for personal injuries or property damage pursuant to the provisions of the Contract.
107.15 PERSONAL LIABILITY OF DEPARTMENT EMPLOYEES . The Director, Engineer,
RIDOT employees or their authorized repres entatives are acting solely as agents and representatives of the Department when carrying out and exercising the power or authority granted to them under the Contract.
107.16 NO WAIVER OF LEGAL RIGHTS . Upon completion of the Contract, the Department
will expeditiously make final inspection and notify the Contractor of acceptance. Final acceptance, however, shall neither preclude th e Department from correcting any measurement, estimate, or certificate made before or after completion of the Contract, nor prevent the Department from recovering from the Contractor or Surety or both, overpayments sustained by failure on the part of the Contractor to fulfill the obligations under the Contract. A waiver on the part of the Department of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Department for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Department's rights under any warranty or guaranty.
107.17 HAZARDOUS MATERIAL . If the Contractor encounters or exposes during
construction any abnormal condition which indica tes the presence of a hazardous material or toxic waste, it shall immediately suspend work in the area and notify the Engineer. The Contractor's operation in this area shall not resume until so directed by the Engineer; however, the Contractor shall continue working in other areas of the project, unless otherwise directed by the Engineer. Abnormal conditions shall include, but shall not be limited to, the following: presence of barrels; obnoxious odors; excessively hot earth; smoke; or any other condition which could be a possible indicator of hazardous material or toxic waste. The conditions shall be treated with extreme caution. Disposition of the hazardous material or toxic waste shall be made in accordance with the requirements and regulations of the Rhode Island Department of Environmental Management. Where the Contractor performs necessary work required to dispose of these materials, the work will be performed under a s upplemental agreement. Should the disposition of waste material require special procedures by certified personnel, the Department will make arrangements with qualified persons to dispose of the material. 107.18 CIVIL RIGHTS . The Contractor shall comply with Federal, State and local laws, rules and regulations which set forth unlawful employment practices including that of discrimination
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 73–76 of 826.