B_Preventative Road Maintenance - Crack Sealing, May 9.pdf

INVITATION TO BID

PREVENTATIVE ROAD MAINTENANCE – CRACK SEAL

BID #SK0088PS

The Town of South Kingstown will accept sealed bids for the above referenced in the Finance Department, addressed to Julie A. Mason, Procurement Administrator, 180 High Street, Wakefield, RI 02879 until no later than 10:00 A.M. on May 9, 2025, and will then be publicly opened and read aloud.

NO BIDS WILL BE ACCEPTED AFTER THE 10:00 AM DEADLINE.

The bids will be awarded on the basis of the lowest evaluated or responsive bidder pursuant to R.I.G.L. 45-55-5. “Competitive Sealed Bidding”. Firms interested in submitting a bid may register on-line to download and print bid packages. For further details please visit:

http://www.southkingstownri.com/165/Invitations-to-Bid

For questions related to this bid please contact Julie A. Mason, Procurement Administrator by email: jmason@southkingstownri.gov

Individuals requesting American Sign Language Interpreters or CART service must call the Town Clerk’s Office at (401)789-9331 at least seventy-two (72) hours in advance of the bid opening date.

http://www.southkingstownri.com/165/Invitations-to-Bid mailto:jmason@southkingstownri.gov

TABLE OF CONTENTS

INVITATION FOR SEALED COMPETITIVE BIDS

SELECTION CRITERIA

INFORMATION FOR BIDDERS

SUPPLEMENTARY CONDITIONS

LAWS PERTAINING TO PUBLIC WORKS PROJECTS

GENERAL REQUIREMENTS

1. This Work Part of a Project

2. Plans, Specifications, Instructions

3. Order of Operations

4. Work in Cold Weather

5. Premises to be Kept and Left Clean

6. Only Competent Men/Women to be Employed

7. Notifications

STORAGE AND REMOVAL OF MATERIAL

PROTECTION OF PROPERTY LIABLE TO DAMAGE

LAWS AND REGULATIONS

ACCESS TO SITE

JOB CONDITIONS

PRECONSTRUCTION CONFERENCE

OWNER'S RIGHT TO DELETE PORTION OF CONTRACT

OWNER'S RIGHT TO EXTEND CONTRACT

JOB SPECIFIC SPECIFICATIONS

1. Special Provisions

2. Technical Specifications

APPENDICES

1. APPENDIX A – Bidding Documents

2. APPENDIX B – Roadways and Estimated Dollar Amounts

SELECTION CRITERIA

The bid will be evaluated as to R.I.G.L. 45-55-5. (2) “Competitive Sealed Bidding”, and the award shall be made on the basis of the lowest evaluated or responsive bid price.

The following factors will be considered in determining the lowest evaluated or responsive bid price:

1. Competence to perform the work as reflected by the technical training and education; general experience in providing the required services; and the qualifications and competence of persons who would be assigned to perform the work;

2. Past performance as reflected by the evaluation of private persons and officials of other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines;

3. Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment and facilities to perform the services expeditiously;

4. Demonstrated experience in the type of work required;

5. Record of the Bidder in accomplishing work on similar projects in the required time: (List references and listing of like projects completed or currently in progress on Experience Sheet.) Completion of Experience Sheet is required for bid consideration;

6. Quality of work previously performed by the Bidder for the Town of South Kingstown, if any;

7. Bid Price;

8. Meets or exceeds Insurance Requirements;

9. Rhode Island Contractor's License Number as issued by the State of Rhode Island, if required;

10. Stand-alone firm (number of subs involved); past performance of lead/subs;

11. The professional background, experience and expertise of principals and potential project managers;

12. References;

13. Scope of Work;

Early Payment Discount.

INFORMATION FOR BIDDERS

(A) Proposals. Bids or proposals for constructing the work named on the cover and title pages thereof will be received in the Finance Department, Town of South Kingstown, addressed to: Julie A.

Mason, Procurement Administrator, 180 High Street, Wakefield, RI 02879, until 10:00 A.M. on Friday, May 9, 2025, at which time and place they will be publicly opened and read. Envelopes must be clearly marked with the name of the bid and reference number (SK0088PS) and time and date of the opening.

Documents incorrectly addressed or misdirected to other locations other than the Town Hall and are not present at the time of bid opening for whatever cause will be deemed to be late and will not be considered.

Postmarks will not be considered proof of timely submission.

After the bids have been opened and read, they will be taken under advisement and the award of the contract, if awarded, will be made within thirty (30) days from the date set for the receipt of bids.

Attendance at a pre-bid conference is strongly encouraged and will be held on 10:00 A.M. on Thursday, April 24, 2025, at the Department of Public Services, 509 Commodore Oliver Hazard Perry Highway, Wakefield, RI 02879.

B) Form of Proposal. Each proposal must be made on the form furnished by the Town and attached hereto and the completed proposal must be left intact in this pamphlet. Bidders will state, both in writing and in figures, the proposed price for each separate item of the work called for in the annexed proposal form by which prices the bids will be compared. If any price is omitted, the blank may be filled with the lowest price named by any bidder for that item, or the proposal may be rejected.

The Town of South Kingstown reserves the right to waive, at its discretion minor formalities in any proposal.

(C) Bidding Check or Bid Bond. Each proposal must be accompanied by either a certified check or a bid bond for not less than 5% of the total bid made payable to the Town of South Kingstown, said check to be returned on written request to the bidder or bond released by the Town after the contract has been awarded and executed unless forfeited as hereinafter stipulated. No bid will be considered which is not accompanied by such check or bond.

(D) Performance, Labor and Materials Bond, Execution of Contract. The person or persons to whom the contract shall be awarded must file a performance and labor and materials bonds and execute said contract in triplicate within ten (10) days from the date of notification of such award, and in case of failure or neglect to do so, the Town may determine that the bidder has abandoned the contract, and thereupon the proposal and acceptance shall be null and void, and, at the Town's option, the amount of the check or bond accompanying the proposal shall be forfeited to the Town of South Kingstown or shall be returned to the bidder in whole or in part.

The performance and labor and materials bonds furnished must each be in the sum of the full amount of the Bid and/or Contract Price in favor of the Town of South Kingstown and/or the Town (s) or City (s) in which the work lies. The bonds shall be executed by a financially strong surety company licensed to do business in the State of Rhode Island and approved by the Town, as Surety, for the faithful performance of the contract and payment for labor and materials. The bonds shall remain in full force and effect until the completion of the contract, including the guaranty or warranty periods stipulated in the Contract Documents and/or Agreement or until final acceptance by the Director of Public Services.

The premiums for such Bonds shall be paid by the Contractor.

(E) Insurance. The contractor shall, before beginning work under this contract, file with the Director of Public Services, copies of a certificate or certificates, by an acceptable insurance company, or companies, that the various forms of insurance required have been provided in the stipulated amounts.

(F) Information to be Submitted. (AIA Document A305 – Contractor’s Qualification Statement) Bidders whose proposals are being considered must submit the following information in duplicate within five (5) days after a request for the same by the Town.

1. Evidence that previous work done by the bidder, similar to that called for in this contract, was carried forward and completed in a manner entirely satisfactory to those under whose supervision the work was performed. This is to include a list of such work with the names of owners for whom the same was performed and of the engineers or architects who supervised the same, with dates.

2. A sworn statement in form satisfactory to the Town as to financial condition as of January 1st of the current year, together with a sworn copy of the latest balance sheet and a bank reference.

3. A statement from a bonding company made after bids have been opened and reviewed that it is willing to execute a bond for the bidder in the amount and form required herein.

(G) Rejection of Bids. A bid may be rejected for any of the following reasons:

1. If the proposal is incomplete, conditional or obscure, or if it contains additions not called for, erasures, alterations, obvious errors or irregularities of any kind, or if it does not conform in every respect to the requirements stated in this information, or if it is on sheets removed from this pamphlet. Minor informalities, however, may be waived by the Town.

2. If the Director of Public Services should be of the opinion that it was prepared without adequate care or knowledge of the conditions relative to the work or under a misunderstanding of the requirements of the Town, or if it is for work other than that on Contract Drawings or as specified.

3. If the Contractor fails to furnish information promptly as required herein.

4. If the bidder cannot show that he has the necessary capital and experience, and owns, controls, or can procure the necessary plant to commence the work at the time prescribed and thereafter to prosecute and complete the work at the rate or time specified; and that he is not already obligated for the performance of other work which would delay the commencement, prosecution or completion of this work.

(H) Time. The contractor to whom this contract may be awarded will be required to commence work on the ground within ten days after the proper date of a letter from the Director of Public Services, notifying the contractor to begin work, weather permitting. This letter may, at the option of the Director of Public Services, be sent any time after the award of the contract and even prior to the formal signing of the contract document and surety bond.

The contractor shall begin work within the time stated above and shall prosecute the work diligently thereafter the complete all the work contemplated by this contract, except maintenance and the restoration of permanent hard surfaces on roadways.

(I) Underground Pipes, Objects. The indications on plans or in other contract or bidding documents of pipes, ducts, soils, water and other underground objects and conditions are supposed to be approximately correct, so far as the knowledge of the engineers preparing such plans, etc., extend.

However, the Town of South Kingstown, together with its engineers and other agents, does not warrant nor represent the plot to be either approximately correct or complete; and it is expressly understood that no bidder or contractor shall have any claim or right of action against either the Town of South Kingstown or any person or party acting for or with it, in the event that the indications on plans or other contract or bidding documents of underground object, soils, water or other conditions are not found to be even approximately correct or complete. Each bidder must make such investigations as he, they or it deem necessary to form his, their or its own opinion of the materials and obstacles involved.

(J) Examination of Ground. Bidders must satisfy themselves, by personal examination of the location of the proposed work, and by such other means as they may prefer as to the actual conditions and requirements of the work, and inform themselves fully of the conditions relating to construction and labor under which the work will be or is now being performed, and this contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other contractor and a minimum of inconvenience and injury to other persons and property.

(K) Oral Statements Not Binding. The proposals submitted for this project must be based upon the test of this Information for Bidders, the accompanying Proposal Form, the proposed form of Contract, Specifications, and Performance Bond and the plans and details named herein, and no oral or informal statement or representation by any representative or employee of the Town of South Kingstown shall be considered an amendment to, or waiver of, any statement in, or requirement of, such bidding or proposed contract documents, and no claim or right of action shall accrue in favor of any bidder or any one claiming under any bidder as a result of or founded on such oral or informal statements or representations.

(L) Address of Contractor. Each bidder shall indicate in his proposal the address to which all notices, letters or other communications may be sent. This address may be changed only by proper delivery to the Town of written notice of such change, signed by the contractor. The mailing or delivery by messenger of any notice, letter or communication to such designated address or to the office of the contractor at or near the site of the work or to any attorney or attorneys appointed by non-resident principals to a contract or by a "foreign" corporation, at any time including the full period of work under the contract shall be deemed sufficient for any notice or service on the part of the Town in connection with the contract or any part thereof.

The bidder is invited to carry out his own unit prices by the estimated quantities and to indicate his computation of the resulting proposal; but this computation is only for his convenience and to facilitate the quick comparison of bids received. This computation by the Bidder will be subject to review and correction by the Board or its agents.

(M) Contents of Contract. The Proposal, The Information for Bidders, The General Requirements, together with Special provisions following therewith, and the Bond, and any and all additions which may be inserted or attached to any or all of the sections as listed above together with the drawings named in the Information to Bidders are made a part of this Contract.

(N) Sales Tax. Under the terms of the regulations referring to contractors and subcontractors, issued by the State Tax Commission in administration of the State Sales and Use Tax, to which the Bidder is referred, the Contractor may purchase materials or supplies to be consumed in the performance of this contract without payment of tax and shall not include in his bid nor charge any use of sales tax thereon.

(O) Equal Employment Opportunity. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, l965, and of the rules, regulations and relevant orders of the Department of Labor relative to equal employment opportunity.

(P) Prevailing Wage Rates. The contractor shall comply with minimum wage rates as prescribed by the Rhode Island Department of Labor Laws (reference General Laws of Rhode Island, Revised 1956, Chapter 37-12 and Chapter 37-13, as amended).

SUPPLEMENTARY CONDITIONS

(A) DEFINITIONS

1. The word "Town" as used herein refers to the Town of South Kingstown or any duly authorized official thereof acting in his official capacity.

2. The word "Contractor" as used herein refers to the party or parties contracting to perform the work to be done under this contract, as party of the second part, or the legal representatives of such party or parties.

3. The abbreviation "D.P.S." as used herein refers to the Director of Public Services of the Town of South Kingstown and to any properly authorized agent or agents, limited as to such authorization by the particular duties entrusted to him or them. Inspectors, so-called, shall not be deemed authorized to accept notices or waive any of the provisions hereof or modify any order or orders of said Director.

4. The word "Engineer" as used herein refers to the Director of Public Services of the Town of

South Kingstown or his designated representative.

(B) D.P.S. TO BE JUDGE.

The D.P.S. shall be the judge of the character, nature and fitness of all the work done and materials furnished under this contract, and of the amount, quality and classifications of the several kinds of work for which payment is made, and shall decide as to the meaning, intent and performance of this contract. The entire work shall be done under his supervision and to his satisfaction and his estimates and his decisions upon all questions relating to said work shall be a condition precedent to the right of said Contractor to payments under this agreement.

(C) CHANGES AND EXTRA WORK.

1. The D.P.S. may, in writing, and without notice to surety, alter and change the line, grade, plan, form, position, dimensions or materials of the work herein contemplated, or any part thereof in a manner not inconsistent with the general layout of said improvements, either before or after its commencement, or may order in writing any extra work which he may deem necessary in connection therewith. If such alterations diminish the quantity of work to done, they shall not be made the basis of a claim for damages, or for anticipated profits on the work that may be dispensed with; if they increase the amount of work, such increase shall be paid for according to the quantity done and at the price established for such work under this contract; or in case there is no price established, it shall be paid for at a reasonable amount as determined by the Town of South Kingstown and the Contractor.

2. Extra Claims to be Made Promptly. No claim for payment in addition to the amount so awarded, on account of extra work done or materials furnished or damages sustained, will be considered unless the contractor shall make the same to the Town of South Kingstown, in writing, within twenty (20) days after the date of the estimate when such award is made; or in the case there is no award, then within twenty (20) days after the date of the damages for which said compensation is claimed; and shall, when requested, file with the Town an itemized statement of, and it is agreed that the filing of said claim as above specified, together with said statement and vouchers, when requested, shall be a condition precedent to the right of the Contractor to receive any additional compensation under this contract.

(D) CONTRACTORS CONTROL OF WORK.

1. Assignments or Subletting. The Contractor shall not assign this contract or any interest therein, nor sublet any part of the work contemplated hereunder, nor part with the control or charge thereof without the written consent of the D.P.S. Any such attempted assignment or subletting shall, at the option of said Department, forthwith work an avoidance of this contract, or may be treated by said Department as null and void.

The Contractor may, with the consent of and subject to the approval of the D.P.S. in each case, employ sub-contractors to supply material and perform parts of the work required herein. But the D.P.S. shall be notified in advance and his approval secured before each sub-contractor is employed on the work. The employment of sub-contractors will not relieve the general contractor of full responsibility for all parts of the work.

2. Contractor to have Superintendent. The Contractor shall keep a competent superintendent on the ground whenever any work is being done, who shall receive orders in the Contractor's absence and shall obey them as if received by him personally.

(E) CONTRACTOR RESPONSIBLE FOR WHOLE WORK.

1. The Contractor shall be responsible for the entire work until its final acceptance at the end of the maintenance period and any unfaithful or imperfect work or defective material that may be discovered at any time before said final acceptance shall be immediately corrected or removed by said Contractor on requirement of the D.P.S.

2. Defects. In case the nature of the defects is such that it is not expedient to have them corrected, the D.P.S. shall have the right to deduct from the amount due the Contractor on the final settlement of the accounts, such sums of money as she considers a proper equivalent for the difference between the value of the materials or work specified and that furnished, or a proper equivalent for the damage.

3. Partial Payment Not Acceptance. It is also agreed that this is an entire contract for one whole and complete work, and that no partial payments on account by the Town nor the presence of the D.P.S. or inspectors, or their supervision or inspections of work or material, shall constitute an acceptance of any part of the work before its entire completion and final acceptance. Neither the acceptance by the Town or the D.P.S., or any of their agents, employees or subordinates, of the whole or any part of the work, nor the connecting to or use of any of the work, embraced in this Contract, nor any payment for the work, nor any extension of time, nor any possession taken by the Town, shall operate as a waiver of any portion of this Contract (except the maintenance period which shall start when continual use begins, as provided below) or of any power or right herein reserved to the Town or the D.P.S., or of any right of the Town to damages herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided;

and the Town shall also be entitled as a right to a writ of injunction against any breach of any of the provisions of this Contract.

The Town reserves the right to occupy in whole or in part any facilities or structures, or any part or parts thereof, built hereunder, or in which, or in any part of which, work is performed hereunder, and also to use for the purpose intended any equipment or any part thereof, furnished and installed by the Contractor whenever, in the opinion of the D.P.S., any portion of the work is completed or is in an acceptable condition for use. The use of such portion of the work shall be considered a test or trial, and shall not be held in any way a final acceptance of the portion of the work used or a waiver of any portion of these Contract Documents, except that the maintenance period for such portion shall be calculated from the time continual use begins. The only right, except as herein before provided, that the Contractor shall have by reason of such acceptance or use, shall be to request an extension of time for completion of this Contract, as approved by the Town, if such occupancy and use shall delay the completion of the work remaining to be performed.

(F) COMMENCEMENT AND COMPLETION OF WORK.

1. The Contractor shall commence work on the ground within ten (10) days of written notice of award of contract. Should weather conditions prevent the start of the project within ten days of the notice to proceed, the owner will allow for work to begin no later than an additional (5) days;

and shall prosecute the same in accordance with a progress schedule prepared by him and approved in advance by the D.P.S., and shall complete the said project and all work connected wherewith not later than the time so stipulated therefore.

2. Extension of Time. If the Contractor is delayed in the prosecution or completion of the work by or on account of any act or omission of the Town, Public Utilities or agencies or by strikes or causes beyond control of the Contractor, he shall be entitled to such reasonable extension of time for the completion of the work as may be decided upon by the D.P.S., provided, however, that no claim for an extension of time for any reason shall be allowed unless within three days after such delay occurs, notice in writing of the fact of said delay, its causes, and the extension claimed shall be given by the Contractor to the D.P.S.

Although claims may be made for extensions of time due to delays beyond the control of the Contractor, no claims for damages or for extra payment shall be made against the Town or the D.P.S. because of such delays.

3. Normal Work Week. The normal work week for the Town of South Kingstown is five (5) days, Monday through Friday, 7:30am to 4:00pm. In addition, unless otherwise specifically permitted by the D.P.S., no work shall be done between the hours of 6:00 P.M. and 7:00 A.M., nor on Sunday, except as necessary for the proper care and protection of the work. Work proposed outside of the normal work week is subject to approval by the D.P.S upon receipt of a written request. Should the Contractor receive approval from the D.P.S. and choose to work outside of the normal work week, the Contractor will be responsible to cover the cost of inspection services for the additional hour(s) / day(s) including any overtime costs for Town staff.

(G) GUARANTEES.

1. Except as otherwise specified, all work, materials and equipment shall be guaranteed by the

Contractor against all defects resulting from the use of inferior materials, equipment, or workmanship for not less than one year from the date of final completion of the contract, or from full acceptance by the D.P.S., whichever is earlier, unless otherwise specified herein.

2. If, within any guarantee period, repairs or changes are required in connection with guaranteed work, which, in the opinion of the D.P.S. is rendered necessary as the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the contract, the Contractor shall promptly upon receipt of notice from the D.P.S., and without expense to the D.P.S.

a) Place in satisfactory condition in every particular of all such guaranteed work, correct all defects therein, and

b) Make good all damage to the building or site, or equipment or contents thereof, which, in the opinion of the D.P.S. is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the contract; and

c) Make good any work or materials, or the equipment and contents of said building or site disturbed in fulfilling any such guarantee.

d) In any case where in fulfilling the requirements of the contract or of any guarantee embraced in or required thereby, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the D.P.S. and guarantee such restored work to the same extent as it was guaranteed under such other contract.

e) If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the D.P.S. may have the defects corrected and the Contractor and his surety are liable for all expenses incurred.

(H) CONTRACTOR'S DUTIES AND LIABILITIES.

1. Laws and Regulations. The Contractor, in the prosecution of the work, shall comply with all local, state and national laws and regulations, and with all ordinances, and he shall secure all necessary permits and licenses. This project is subject to all of the safety and health regulations (see 29 CFR 1518 as amended) promulgated by the U.S. Department of Labor on April 17, l971, and as required by the Occupational Safety and Health Act (OSHA).

Note: Rhode Island law states that: All contractors who bid on municipal and state construction projects with a total cost of $100,000 or more shall have an OSHA 10 hour construction safety program for their onsite employees.

2. Contractor Liable for Damages. The Contractor shall indemnify and save harmless the Town and/or the District or City in which the work lies, and/or the State of Rhode Island and/or their respective officers, agents and servants against and from all damages, costs, expenses which they or any of them may suffer by, from or out of any and all claims for payment for materials and labor used and employed in the execution of this contract and also for injuries or damages received or sustained to person or property, or both, in consequence of or resulting from any work performed by said Contractor or of, or from any negligence in guarding said work or of, or from any act or omission of said Contractor, and said Contractor shall also indemnify and save harmless said Town from all claims under the Workmen's Compensation Act arising under or out of this contract.

3. Insurance. The Contractor agrees to defend, indemnify, protect, save and keep harmless the Town of South Kingstown from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of the Contractor in undertaking this project.

The Contractor will maintain in full force at all times workers' compensation insurance for all labor employed on the project. Workers' Compensation coverage must meet the statutory obligations of the State and supply evidence of the same to the Town of South Kingstown (sample attached).

The Contractor will maintain in full force at all times during this engagement General Liability (including products and completed operations) insurance in the minimum amount of $5,000,000 per occurrence for all damages on account of personal injuries and/or property damage arising out of an occurrence. If the Contractor’s General Liability Policy is subject to an Annual Aggregate, said Aggregate must be in multiples of the per occurrence limit of liability. The Contractor will provide evidence of its General Liability policy to the Town of South Kingstown naming the Town of South Kingstown as an additional insured to the policy.

The Contractor will maintain in full force at all times during this engagement Auto Liability insurance covering all owned vehicles, hired vehicles, or non-owned vehicles in the minimum amount of $1,000,000 per occurrence for all damages on account of personal injuries and/or property damage. The Contractor will provide evidence of its Auto Liability policy to the Town of South Kingstown.

Failure to provide the required insurance and certificates thereof may, at the option of the Town, be held to be a willful violation of this contract.

4. Contractor Shall Protect the Public. The Contractor shall execute the work in such manner as to interfere as little as possible with public travel; shall in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD), provide railings or suitable barricades to exclude persons and animals from trenches and obstructions, and to prevent accident or injury to workmen, other persons, vehicles or animals; shall cause a sufficient number drum barricade channelizing devices and amber flashing electric lights to be activated at or near the works, from twilight in the evening until sunrise, shall furnish, set and maintain such "street closed", "warning", "detour", or other signs as may be necessary for the convenience of traffic or as may be directed by the D.P.S. and shall employ flag persons or additional safeguards when and as necessary, or when required by the D.P.S. Flag persons shall be employed when the Contractor's operations reduce traffic to less than two-way.

5. Patents. The Contractor shall defend any suits or proceedings brought against the Town for alleged infringements of patents by or by reason of any method of construction or appliances, or material furnished under this contract, and shall pay any damages or costs that may be awarded against the Town as a result of such suits, free of all expense to the Town.

(I) AVOIDANCE OF CONTRACT

1. If the work to be done under this agreement shall be abandoned, or at any time suspended for three days without reasonable cause, or if this contract shall be assigned without the written consent of the D.P.S., or if at any time the D.P.S. shall be of the opinion that the said work is unnecessarily or unreasonably delayed or that the Contractor is willfully violating any of the conditions or agreements of this contract, or that the progress of the work is, in her opinion, being so delayed that said work cannot be completed within the required time, the D.P.S. may give written notice, postage prepaid, to the Contractor, at his business address, to that effect. If the Contractor shall not, within ten days after the mailing of such notice, take such measures as will, in the judgment of the D.P.S., insure the satisfactory completion of the work. The D.P.S.

shall then notify the Contractor in writing, to discontinue all work under this contract; and it is hereby agreed that the Contractor shall thereupon at once stop work, and cease to have any right or claim to possession of the ground or such part thereof as the D.P.S. may designate; and the said D.P.S. may, by means of such other agents or contractors as shall to her seem advisable, complete the work therein described, or such part thereof as it may deem necessary, and may take possession of, and use all implements, tools, materials or facilities used for, or in connection with the operations or the fulfillment of this contract except as otherwise provided in this contract.

The Contractor shall not remove any portion of the plant or any materials after receiving such notice as aforesaid. And the town is hereby authorized and empowered to apply sums of money due, or to become due, to said Contractor, under this contract, by way of reduction in damages, and as part payment of such additional expense incurred by the Town as aforesaid.

2. The D.P.S. May Protect Work. It is, however, mutually agreed that the D.P.S., at her discretion and at the Contractor's expense, may immediately, upon the cessation of work or thereafter, take measures to protect the work under construction, the adjacent ground, pipes, and other structures where, in her opinion, safety requires such work to be done at once.

(J) COMPENSATION.

1. Prices Bid Include Full Compensation. The prices stated in said proposal include full compensation not only for furnishing all the material and building the required structures and facilities, but also for assuming all risk as to the nature of the soil and the action of the elements;

for all excavation and back filling of the same; for the removal of, and delay and damage occasioned by any trees, stumps, tracks, timber, masonry, above and below ground utilities and services or other obstacles; for removing, protecting, repairing or restoring, all pipes, mains, drains, sewers, conduits, above and below ground utilities and services, curbs, walks, fences, tracks, or any other obstacles, whether shown on the plans and details or not; for pumping, damming, draining, or otherwise handling or removing, without damage to the work or to other parties, all water or sewage from whatever source which might affect the work or its progress;

for all fencing, lighting, watching, special police, signs and bridging, necessary to maintain, direct and protect travel on walks and private ways, for making all provisions necessary to maintain and protect buildings, fences and other structures, and all public and private property affected by this work, and for the repair of such structures, and such property if injured by neglect of such provisions; for removing all surplus or condemned materials as may be directed; for replacing, repairing and maintaining the surface of the street or private land, if affected by work performed under this contract; for furnishing the requisite filling in case of deficiency or lack of suitable material, for obtaining all permits and licenses, and for any expense on account of the use of any patented device or process; for all expense incurred by or on account of the suspension or discontinuance of said work; for the cost of adequate insurance, for keeping records and making reports as required by this contract, and for all general and incidental expense, and for furnishing all tools, materials and supervision, implements and labor, required to build and put in complete working order the said project and all structures appertaining thereto, in accordance with this contract and specifications.

2. Estimates and Payments. The D.P.S. together with the contractor shall, once in each calendar month, make an estimate in writing of the total amount of work done and of the materials delivered and accepted to the time of such estimate, and the value thereof. The Town shall retain five (5) percent of such estimated value as part security for the fulfillment of this contract by the contractor, and shall monthly pay to the Contractor while carrying on the work, the balance not retained as aforesaid after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of this contract. But it is understood that such estimates are subject to adjustment on the final estimate, and that they shall be made only when work progresses in accordance with the provisions of this contract.

The D.P.S. shall, as soon as practical after the completion of all work under this contract, make a final estimate of the amount of work done thereunder and the value of such work. The Town shall retain five percent of such estimated value as part security for the fulfillment of this contract by the Contractor and shall, within thirty (30) days after such final estimate is so made and is approved by the Town, pay to the Contractor the balance not retained as aforesaid, after deducting all previous payments and all sums to be kept or retained under the provisions of this contract.

As the disbursing practices of the Town permit, the five percent (5%) retained shall be paid to the Contractor within ninety (90) days from the date that all work done hereunder is completed and accepted by the Town unless a dispute exists with respect to the work; if not, then as soon thereafter as the dispute is resolved. The work done hereunder shall not be considered as completed and finally accepted unless and until evidenced by a letter of final acceptance by the D.P.S. and/or Consultant Engineer.

The Town may, at its discretion and at any time, withhold so much of any payments due, or to become due under this contract, to the Contractor, as it may deem necessary to settle all claims against the Contractor which may arise under this contract, including all claims for labor or materials furnished to the Contractor, notice of which shall have been filed in the office of the D.P.S., and may retain the same until the Department shall be satisfied that the said Town, its agents and servants will be fully protected from any loss and indemnified for all damage for which the Contractor may become liable, and that all parties who may have claims against the Contractor for work done or materials furnished on account of this contract have been fully paid.

(K) RELEASE OF LIENS & CONSENT OF SURETY

1. Release of Liens and Consent of Surety as noted below are required as a condition of receipt of final payment.

Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Town (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Town or the Town's property might be responsible or encumbered (less amounts withheld by Town) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Town, (3) a written statement that the contractor knows if no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and, (5) if required by the Town, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Town. If a Subcontractor refuses to furnish a release or waiver required by the Town, the Contractor may furnish a bond satisfactory to the Town to indemnify the Town against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Town all money that the Town may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.

LAWS PERTAINING TO PUBLIC WORKS PROJECTS

(General Laws of Rhode Island [1977 Reenactment])

Chapter 37-2-18, 37-12, 37-13 and 37-14.1, as amended

§ 37-2-18 Competitive sealed bidding. – (a) Contracts exceeding the amount provided by § 37-2-22 shall be awarded by competitive sealed bidding unless it is determined in writing that this method is not practicable or that the best value for the state may be obtained by using an electronic reverse auction as set forth in § 37-2-18.1.

Factors to be considered in determining whether competitive sealed bidding is practicable shall include whether:

(1) Specifications can be prepared that permit award on the basis of either the lowest bid price or the lowest evaluated bid price; and

(2) The available sources, the time and place of performance, and other relevant circumstances as are appropriate for the use of competitive sealed bidding.

(b) The invitation for bids shall state whether the award shall be made on the basis of the lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available. All documents submitted in response to the bid proposal are public pursuant to chapter 38-2 upon opening of the bids. The invitation for bids shall state that each bidder must submit a copy of their bid proposal to be available for public inspection upon the opening of the bids. The burden to identify and withhold from the public copy that is released at the bid opening any trade secrets, commercial or financial information, or other information the bidder deems not subject to public disclosure pursuant to chapter 38-2, the Access to Public Records Act, shall rest with the bidder submitting the bid proposal.

(c) Unless the invitations for bid are accessible under the provisions as provided in § 37-2-17.1, public notice of the invitation for bids shall be given a sufficient time prior to the date set forth therein for the opening of bids.

Public notice may include publication in a newspaper of general circulation in the state as determined by the purchasing agent not less than seven (7) days or more than twenty-eight (28) days before the date set for the opening of the bids. The purchasing agent may make a written determination that the twenty-eight (28) day limitation needs to be waived. The written determination shall state the reason why the twenty-eight (28) day limitation is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.

(d) Bids shall be opened and read aloud publicly at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection.

(e) The chief purchasing officer shall adopt and file regulations governing the bidding of highway and bridge construction projects in the state not later than December 31, 2011.

(f) Immediately subsequent to the opening of the bids, the copies of bid documents submitted pursuant to subsection 37-2-18(b) shall be made available for inspection by the public. Any objection to any bid on the grounds that it is nonresponsive to the invitation for bids must be filed with the purchasing agent within five (5) business days of the opening of the bids. The purchasing agent shall issue a written determination as to whether the subject bid is nonresponsive addressing each assertion in the objection and shall provide a copy of the determination to the objector and all those who submitted bids at least seven (7) business days prior to the award of the contract. If a bid is nonresponsive to the requirements in the invitation to bid, the bid is invalid and the purchasing agent shall reject the bid. The purchasing agent shall have no discretion to waive any requirements in the invitation to bid which are identified as mandatory. Nothing in this section shall be construed to interfere with or invalidate the results of the due diligence conducted by the division of purchasing to determine whether bids are responsive and responsible.

(g) Subsequent to the awarding of the bid, all documents pertinent to the awarding of the bid that were not made public pursuant to subsection 37-2-18(e) shall be made available and open to public inspection, pursuant to chapter 38-2, the Access to Public Records Act, and retained in the bid file. The copy of the bid proposal provided pursuant to subsection 37-2-18(b) shall be retained until the bid is awarded.

(h) The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated or responsive bid price.

(i) Correction or withdrawal of bids may be allowed only to the extent permitted by regulations issued by the chief purchasing officer.

(j) As of January 1, 2011, this section shall apply to contracts greater than one million dollars ($1,000,000); on

January 1, 2012 for all contracts greater than seven hundred fifty thousand dollars ($750,000); on January 1, 2013 for all contracts greater than five hundred thousand dollars ($500,000); and on January 1, 2014 for all contracts awarded pursuant to this section.

37-13-1. “Public works” defined. – “Public Works” as used in this chapter shall mean any public work consisting of grading, clearing, demolition, improvement, completion, repair, alteration, or construction of any public road or any bridge, or portion thereof, or any public building, or portion thereof, or any heavy construction, or any public works projects of any nature or kind whatsoever.

37-13-4. Provisions applicable to public works contracts-Lists of subcontractors. –All public works shall be done by contract, subject to the same provisions of law relating thereto and to the letting thereof, which are applicable to similar contracts of the awarding authority or authorized agency, hereinafter call the “proper authority”, in the general location where the work is to be performed and which are not contrary to the provisions of § 37-13-1 – 37-13-14 and § 37-13-16. Each contractor after the award of a contract for public works shall submit to the proper authority a list of his or her subcontractors of any part or all or the work. The list shall be submitted in such manner or form as the proper authority shall uniformly require from contractors in all public works.

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 the contractor or subcontractor, in connection with the public works being performed by him or her, within ninety (90) days after the obligation or charge is incurred or the trucking service 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 the contract, that the 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 money due to the contractor or subcontractor, the equivalent amount of such sums certified by a trucker or materialman creditor as due him or her, as provided in this section, and which the proper authority determines is reasonable for trucking performed or materials furnished for the public works.

37-13-6. Ascertainment of prevailing rate of wages and other payments-Specifications of rate in call for bids and in contract. –Before awarding any contract for public works to be done, the proper authority shall ascertain from the director of labor and training the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees only, to lawful welfare, pension, vacation, apprentice training, and educational funds (payments to the 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 worker needed to execute the contract for the public works. The proper authority shall, also, specify in the call for bids for 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 the welfare, pension, vacation, apprentice training, and education funds existing in the locality for each craft, mechanic, teamster, laborer, or type of worker needed to execute the contract or work.

37-13-7. Specifications in contract of amount and frequency of payment of wages. – (a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to which the State of Rhode Island or any political subdivision thereof or any public agency or quasi-public agency is a party, for 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…