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 1−63 because of race, religion, color, sex or national origin, and which define actions required for Affirmative Action and Minority (Disadvantaged) Business programs. SECTION 108 PROSECUTION AND PROGRESS
108.01 SUBLETTING OF CONTRACT . The Contractor shall not sublet, sell, transfer, assign,
or otherwise dispose of the Contract or contracts or any portion thereof, or of its right, title, or interest therein, without written consent of the Engineer. If such consent is given, the Contractor will only be permitted to sublet a portion thereof. The Contractor will be required to perform with its own organization, work amounting to not less than 40 percent of the adjusted contract cost. The adjusted contract cost is the total contract cost less the total cost of subcontract specialty items listed in the Proposal. Specialty Items are defined in Subsection 101.63 . No subcontracts or transfers of Contract shall relieve the Contractor of liability under the Contract and Bonds. A copy of written agreements with subcontractors must be submitted when making application to sublet any work under the Contract. Furthermore, no agreements between the Contractor and its subcontractors or vendors shall create any "third party" relationships between said subcontractors or vendors and the State. The Contractor shall provide written notice to, and obtain prior written consent from the Engineer, before allowing any subcontractor to sublet any portion of its work to a lower-tier contractor.
108.02 NOTICE TO PROCEED . The "Notice to Proceed" will stipulate the date the Contractor
is expected to begin the construction and from which date contract time will be charged. Commencement of work by the Contractor constitutes a waiver of this notice.
108.03 Prosecution and Progress.
a.General Requirements.
1.Project Schedule Program All construction Projects require an integrated schedule management and controls program that the Contractor shall comply with through completion. A Critical Path Method (CPM) Schedule must be developed and maintained for all Projects. The Contractor shall be required to participate in Schedule Development meetings facilitating knowledge-sharing and updating of Schedules. An integrated stepped Schedule Development process will begin once the Apparent Low Bidder letter is sent to the Contractor. The level of detail and Schedule
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 76–77 of 826.