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General Provisions (00100-00999)

123of the aforesaid chapters defines the authority of Director of Department of

RI · 2024 Standard SpecificationsBook pages 6869View official source ↗

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 1−55 have received a license and a certificate th erefore, issued by the State Board of Examiners of Electricians.

107.03 PERMITS, LICENSES AND TAXES . The Contractor shall procure all permits (except

those specifically provided in the Contract Documents) and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. These costs shall be included in the unit prices bid for the various items of the Contract work.

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 such use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the State, any affected third party, or political subdivision from any and all claims fo r infringement by reason of the use of any such patented design, device, material, process, tr ademark or copyright. The Contractor shall indemnify the State for costs, expenses, and damages which it may be obligated to pay by reason of any infringement thereof, during the prosecution or after the completion of the Project. 107.05 RESTORATION OF SURFACES OPENED BY PERMIT . The right to construct or reconstruct any utility service in the highway or st reet or to grant permits for same is expressly reserved by the Department for the proper authorities of the municipality in which the work is performed. The Contractor shall not be entitled to damages either for digging up the street or for any delay occasioned thereby, unl ess otherwise provided for under Subsection 104.03; Differing Site Conditions . Any individual, firm, or corporation wishing to make an opening in the highway must secure a permit from the Department. The Contra ctor shall allow parties bearing such permits, and only those parties, to make openings in the highway. When ordered by the Engineer, the Contractor shall make all necessary repairs necessitated by such openings. Such necessary work will be paid for as either Extra Work, or as otherwise provided in these Specifications. All repair work will be subject to the same conditions as applied to original work.

107.06 FEDERAL-AID PARTICIPATION . When the United States Government participates in

the cost of the work covered by the Contract, the work shall be performed under the supervision of the Department but otherwise subject to the inspection and approval of the appropriate officials of the United States Government. Such inspection shall neither make the Federal Government a party to this Contract nor interfere with the rights of either party to said Contract. When any Federal laws, rules, or regulations ar e in conflict with any provisions of a Federally-assisted Contract, the Federal requirements shall prevail, take precedence, and be in force over and against any such conflicting provisions.

107.07 SANITARY, HEALTH AND SAFETY PROVISIONS . The Contractor shall observe

rules and regulations of Federal,State and local health officials. The Contractor shall not require

Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 6869 of 826.