THE

CITY OF CRANSTON SPECIFICATIONS FOR

REPLACEMENT OF MAIN STREET BRIDGE

OVER CLARKE BROOK

Date: June 19, 2017

DIVISION OF CONTRACT & PURCHASE

CITY HALL CRANSTON, RHODE ISLAND

Mark J. Marchesi Allan W. Fung Purchasing Agent Mayor

TABLE OF CONTENTS SECTION PAGES I. ADVERTISEMENT FOR BIDS AB- 1 II. GENERAL TERMS & CONDITIONS GC-1 TO GC-2 III. INSTRUCTIONS TO BIDDERS I-1 to I-8 IV. PERFORMANCE BOND FORM PB-1 V. GENERAL CONDITIONS GC-1 to GC-30 VI. AFFIDAVIT OF GENERAL CONTRACTOR AFF.-1 VII. PREVAILING WAGE RIGL 37-13 PW-1 TO PW-21 VIII RIDEM PERMIT IX NATIONAL GRID REQUIREMENTS NG-1 to NG-5 X. TECHNICAL SPECIFICATIONS TS-1 to TS-2 XI. PROPOSAL P-1 to P-6 XII. BID PROPOSAL PAGES BP-1 to BP-5

I. ADVERTISEMENT FOR BIDS

ADVERTISEMENT FOR BIDS The City of Cranston, Rhode Island, sealed bids for “Replacement of Main Street bridge over Clarke Brook” for the City of Cranston, Rhode island, acting by its Board of Contract and Purchase, will be received at the office of the City Purchasing Agent in Room 202, City Hall, Cranston, Rhode Island, until four-thirty o’clock (4:30) p.m. prevailing time, on Tue, July 11, 2017 and publicly opened and read aloud, at 5:30 p.m. at a meeting of the Board of Contract and Purchase, third floor, City Hall, to be held on Tuesday, July 11, 2017. The proposed work includes Replacement of the Existing Bridge along Main Street over Clarke Brook in the City of Cranston. The Contract Documents, including Specifications and Drawings may be examined at the office of the Purchasing Agent, room 202, City Hall, Cranston, Rhode Island, on and after Tuesday June 20, 2017 every day except Saturday, between the hours of eight thirty o’clock (8:30) a.m. and four thirty o’clock (4:30) p.m. Each bid must be accompanied by bid security in the form specified and in the amount of ten percent (10%) of the total bid. No bid may be withdrawn within sixty (60) days after opening thereof. A Performance Bond and a Labor and Material Payment Bond, each in the amount of one hundred percent (100%) of the total bid will be required. The right is reserved to waive any informalities in, or to reject any or all bids received, and to award the Contract to any of the contractors bidding on the work if, in the city’s opinion, the best interests of the City thereby will be promoted. AB-1

II. GENERAL TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS

1. RECEIPT AND OPENING OF PROPOSALS:

Sealed Bids (Proposals) will be accepted and time stamped upon receipt in the office of the Purchasing Agent, City Hall, Cranston, Rhode Island, until the time indicated on the attached Advertisement for Bids, for the commodities, equipment or services listed in the specifications, and will then be publicly opened and read at a meeting of the Board of Contract and Purchase.

2. FORM OF BID:

Proposals shall be submitted in duplicate, on form provided, with supplemental information, drawings, warranties and other required documentation, literature and material to be provided, with the bid, on the bidders own form.

3. SUBMISSION OF BIDS:

a. Envelopes containing bids must be sealed and addressed to the Office of the Purchasing Agent, City Hall, 869 Park Avenue, Cranston, RI, 02910, and must be marked with the name and address of the bidder, date and hour of opening, and name of item in bid call.

b. The Purchasing Agent will decide when the specified time has arrived to open bids, and no

bid received thereafter will be considered.

c. Any bidder may withdraw his bid by written request at any time prior to the advertised time for opening. Telephonic bids, amendments, or withdrawals will not be accepted.

d. Unless otherwise specified, no bid may be withdrawn for a period of sixty (60) days from time

of bid opening.

e. Negligence on the part of the bidder in preparing the bid confers no rights for the withdrawal of the bid after it has been opened.

f. Proposals received prior to the time opening will be securely kept, unopened. No

responsibility will be attached to an officer or person for the premature opening of a proposal not properly addressed and identified.

g. Any deviation from the Specifications must be noted in writing and attached as part of the bid

proposal. The Bidder shall indicate the item or part with the deviation and indicate how the bid will deviate from Specifications.

4. RHODE ISLAND SALES TAX:

The city is exempt from the payment of the Rhode Island Sales Tax under the 1956 General Laws of the State of Rhode Island, 44-18-30, Paragraph I, as amended.

5. FEDERAL EXCISE TAXES: GC-1

The city is exempt from the payment of any excise tax or federal transportation taxes. The price bid must be exclusive of taxes and will be so construed.

6. QUALIFICATION OF BIDDERS:

The owner may make such investigations, as it deems necessary to determine the ability of the bidder to perform the work. The bidder shall furnish the city with all such information and data for the purpose as may be requested.

7. ADDENDA AND INTERPRETATIONS:

No interpretation on the meaning of the Plans, Specifications or other Contract Document will be made to any bidder orally. Every request for such interpretations should be in writing, addressed to the Purchasing Agent, Room 202, 869 Park Avenue, Cranston, RI, 02910, and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of the bids.

All questions pertaining to the specifications or proposal procedure should be first directed to the Purchasing Agent. Where information from the Purchasing Agent differs from information from any other source, the information from the Purchasing Agent prevails. The city is not responsible for information obtained from any other source.

8. AWARD OF BIDS:

The City reserves the right to award in whole or in part. 9. DELIVERY:

All bids are to be FOB various locations within the City of Cranston, delivery to be supplied with the Purchase Order. No extra charges for delivery, handling or other services will be honored. Only inside delivery and set-up, where required, will be accepted. TAILGATE DELIVERIES WILL BE REFUSED. The vendor must notify the City of Cranston 24 hours prior to delivery. All claims for damage in transit shall be the responsibility of the successful bidder. The city will not make payment on damaged goods, they must be replaced or adjustments made at the option of the city. The City of Cranston is only represented by the Division of Contract and Purchase in these matters and that division, or its appointed representative or agent, shall be the only entity to negotiate any settlements. Deliveries must be made during normal working hours.

10. HOLD HARMLESS:

The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances, and property of every description used in connection therewith. The contractor agrees to indemnify and save harmless the City of Cranston, its employees and agents, against loss or expense by reason of the liability imposed by law upon the contractor, all sub-contractors, or owner for damage because of bodily injuries, including person or persons or on account of damage to property arising out of or in consequence of the performance of this work whether such injuries to persons or damage to property are due or claimed to be due to any negligence, including gross negligence, of a sub-contractor, the owner, the general contractor, his or their employees or agents, or any other person. GC-2

III. INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS Sealed proposals for the Replacement of the Main Street Bridge over Clarke Brook for the City of Cranston, Rhode Island, acting by its Board of Contract and Purchase (herein after called the Owner), prepared in accordance with these Instructions and other provisions of the Contract Documents, will be received by the Owner at the Office of the City Purchasing Agent in Room 202, City Hall, Cranston, Rhode island, until four-thirty p.m. (4:30 p.m.) prevailing time, on Tuesday. July 11, 2017 and the bids will then be publicly opened and read aloud at the Council Chambers, Third Floor, city Hall at 5:30 p.m. on Tuesday, July 11, 2017. A. SUBMITTING PROPOSALS 1. Fill in the number of addenda, if any, in the space provided on the proposal pages. 2. Bidders must quote on all items in the bid Proposal on the forms included in the

Bid Proposal Pages for that purpose. Insert Unit Prices in Words and Figures and Amounts in all spaces provided in the Bid Proposal Pages.

3. Submit as the Proposal (Bid) all documents intact, without changing any of the

text, enclosed in a sealed envelope bearing the name and address of the bidder, and labeled “Replacement of Main Street Bridge over Clarke Brooke.” Do not submit the Construction Manual. Bids must be submitted in duplicate.

4. Failure to completely and properly fill in all spaces in the Proposal(s) could result

in a non-responsive bid.

5. The Bid Security Deposit and the Letter of Intent shall be enclosed in a separate sealed envelope attached to the Bid Proposal envelope.

6 Failure to submit Bid Security and Letter of Intent will result in non-acceptance of

the Bid.

B. BID SECURITY

1. Submit to the City of Cranston, as bid security, a certified check, cashier’s check, treasurer’s check, or bid bond in the amount of ten (10) percent of the total bid.

2. Checks shall be made payable to “City of Cranston, Rhode Island.”

3. If a Bid Bond is used as bid security, it shall be prepared in the form of Bid Bond attached hereto (page P-5-Bid Bond) each duly executed by the Bidder as principal and having as security thereon a surety company approved by the Owner. Submission of Bonding company standard form of Bid Bond is acceptable.

4. A Letter of Intent, using the prescribed form, must be submitted with the Bid

Security, regardless of the form of that Bid Security. I-1

5. No Bidder may withdraw his bid for a period of sixty (60) days after the date set

for the opening thereof.

6. A Performance Bond and a Labor and Materials payment Bond by a company satisfactory to the Owner, each in the amount equal to one hundred percent (100%) of the total Contract Price, recorded in the Proposal section of the Contract is executed, will be required from the successful Bidder for the faithful performance of the Contract and as Security for payment of all persons performing labor and furnishing materials in connection with the Contract. The Bonds shall be in accordance with the forms attached to this Construction Manual.

7. If the total estimated Contract Price of the lowest responsible Bidder exceeds the

amount of funds available to finance the Contract, the Owner may reject all bids or may award a Contract of reduced work scope to produce a net estimated project amount within the available funds.

8. Notice of the acceptance of his Proposal will be given to the successful Bidder by

the Owner. If, within five (5) days, Saturdays, Sundays and legal holidays excluded, immediately after the receipt of notice, the successful Bidder shall fail to deliver his Bonds properly executed and his Contract duly signed, in consideration of such failure, the Proposal and acceptance, at the option of the Owner, may become null and void and the Bid Security accompanying his Proposal shall become the property of the Owner, which may proceed to accept another of the Proposals.

C. PROJECT COMPLETION

1. The Contractor shall start work under this contract and shall faithfully prosecute it to completion with all practical dispatch and regularity – the work shall be started and completed within the times required by the Contract.

2. The sum of two hundred fifty dollars ($250.00) is to be agreed upon as liquidated

damages, and shall be paid by the Contractor to the Owner for each and every calendar day in which any work of this Contract is uncompleted after the times stipulated for such completion, and the prices bid shall be fixed with regard to this provision.

3. The Contractor shall keep himself informed fully of, and comply with, all laws,

ordinances, and regulations of the Federal, State or Municipal governments, which may be in force during the life of the Contract, in any manner affecting his employees or the conduct of work or the materials used or employed in the work.

4. Any request from a prospective Bidder for the interpretation of meaning of the Drawings, Specifications or other contract Documents shall be made in writing to City of Cranston Engineering Division, 1090 Cranston Street, Cranston, Rhode Island, and to be given consideration must be received at least seven (7) days prior to the date fixed for the opening of Proposals. Interpretations will be made by the

City of Cranston Engineering Division as requested, and all interpretations will be made in the form of written addenda to the contract Documents, which addenda will become a part of the contract. No later than four (4) working days prior to the date fixed for the opening of Proposals, the addenda will be mailed to all persons who obtain Contract Documents in the manner described in the Advertisement For Proposals. Failure of any Bidder to receive any such addenda shall not relieve any Bidder from any obligation under his Proposal as submitted.

5. At the date fixed for the opening of bids, it will be presumed that each Bidder has

made an examination of the locations and sites of the work to be done under the contract – has satisfied himself as to the actual conditions, requirements and quantities of work – and has read and become thoroughly familiar with the Contract Documents, including the Drawings and all addenda to them, if any.

6. The failure or omission of any Bidder to receive or examine and become familiar

with any form, instrument, addenda, or document shall in no way relieve the Bidder of any obligation in respect to his Proposal.

D. the Owner reserves the right to waive any informality in the bids, to reject any or all bids

if it be in the public interest so to do. The Contact will be awarded to the lowest responsible and eligible Bidder possessing the skill, ability and integrity necessary to the faithful performance of the work and who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work.

City of Cranston, Rhode Island Board of Contract and Purchase __________________________________ Allan W. Fung, Mayor __________________________________ Mark J. Marchesi, Purchasing Agent __________________________________ Date

I-3

CITY OF CRANSTON, RHODE ISLAND

CHARTER (SECTION 7.07. DIVISION OF CONTRACT AND PURCHASE

(A) The division of contract and purchase shall be the head of the division, and such other

employees as may be provided by ordinance, from time to time. The purchasing agent shall be a person skilled in the areas of governmental or private business purchasing and property control and accountability and he/she shall have such other skills as the city council may from time to time require by ordinance. He/she shall be appointed for an indefinite term by the Director of finance as provided in Sec. 7.02.

(B) The Board of Contract and Purchase shall consist of the following members: 1) The Director of Public Works. 2) The Director of Finance. 3) The president of the council or his designee shall appoint one (1) private citizen,

who shall be a person skilled governmental or private business purchasing and property control and accountability, appointed in the month of January of each year.

4) Two (2) private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the leader of the majority party in the council.

5) Two (2) private citizens, who shall be person skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the council minority leader or if there be no such minority member of the council then the appointment shall be made by the city chairman of the political party whose endorsed candidate for a city wide council seat received the most votes next after the lowest number of votes cast by the electorate for a successful candidate for a city wide council seat in the preceding election or his designee.

Any vacancy on the board of Contract and Purchase shall be filled in the same

manner as the original appointment for the remainder of the unexpired term. (C) The Board of Contract and Purchase shall meet at least twice a month and such

meetings shall be held no earlier than 5:00 pm Eastern Standard Time and its agenda shall be advertised in a paper of local circulation of said meetings shall be specified by ordinance. All meetings of the Board of Contract and Purchase shall conform in all respects to the State of Rhode Island Open Meetings Law.

(D) All contracts awarded by the Board of Contract and Purchase must contain a

starting date and a termination or completion date. Any contract, which does not have a starting date or termination or completion date, shall be void. No contract awarded by the Board of Contract and Purchase shall be extended past its termination date or completion date unless an extension is granted by the Board of Contract and Purchase at a regularly scheduled meeting of the Board. Any contract extended past its termination or completion date without a proper vote of

the Board shall be void. (E) No contract awarded by the Board of Contract and Purchase shall be extended or

amended if the result of said extension or amendment is to materially alter the terms of the original contract. A material alteration for the purposes of this section is an alteration or extension of a contract which increases the original contract amount by more than fifteen (15%) percent.

(F) All bid packages or Request for Proposals issued by the Purchasing Agent, the

Board of Contract and Purchase, the various Departments or Divisions of City Government or any Board or Commission created by Charter or Ordinance shall include in their bid packages or Request for Proposals a copy of this section, Section 7.07 entitled, “Division of Contract and Purchase.” All bidders who receive a bid package or a Request for Proposal and bid shall be presumed to know that any contract, which violates any provision of this section, is void.

(G) Any contract, which violates the provisions of this section, shall be deemed void

and the City Solicitor at the direction of the Mayor or City Council, by a majority vote of the council, shall commence suit to recover all moneys expended by the city pursuant to the terms of said void contract. (Reso. No. 94-38, 6-27-94, approved at referendum 11-8-94).

I-5

Pre-Bid Conference

A pre-bid conference will be held at the proposed bridge site on Main Street at 10.00 am on Wednesday, June 28 at which the Owner and/or duly authorized representative shall be present. It is not mandatory that prospective bidders attend. Pre-Construction Conference Prior to the start of the construction, the Division of Engineering shall schedule a pre-construction conference between those appropriate representatives of the City and the Contractor and his proposed major sub-contractors. The Contractor must, as a minimum, be represented at this conference by an official of the company and the superintendent who will have day-to-day control of the project. The City reserves the right to review the qualifications of the on-site superintendent proposed by the Contractor. No work shall commence on the project, no materials ordered, no sub-contractors placed, no orders issued until this pre-construction conference has been held. AFFIRMATION ACTION PLAN The bidder is hereby notified that the City of Cranston has in place an Affirmative Action Plan and this plan may be reviewed by the bidder at the Office of EEO, Personnel Department, City Hall, Park Avenue, Cranston, Rhode island. The Bidder shall adhere to the provisions and philosophy of this plan as it pertains to the work to be performed under this contract. The Bidder certifies by submission of this bid that he is able to furnish labor that he can work in harmony with all other elements of labor employed or to be employed on this project. I-6

HOLD HARMLESS

The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances, and property of every description used in connection therewith. The contractor agrees to indemnify and save harmless the City of Cranston, its employees and agents, against loss or expense by reason of the liability imposed by law upon the Contractor, all sub-contractors, or owner for any damage because of bodily injuries, including death, at any time, resulting there from, accidentally sustained by any person or persons or on account of damage to property arising out of or in consequence of the performance of this work whether such injuries to persons or damage to property are due or claimed to be due to any negligence, including gross negligence, of a subcontractor, the owner, the general contractor, his or their employees or agents, or any other person.

SALES TAX The City of Cranston is exempt from payment of the Rhode Island Sales Tax. Therefore, bidders shall make no allowance for said tax in the prices bid.

WEATHER DELAYS In the event of a worse than normal wet season, the City reserves the right to renegotiate the Contract with the low bidder for proceeding with the Contract at a future date. I-7

MEASUREMENT AND PAYMENT All work completed and accepted by the City shall be measured and computed by standard methods common to the industry and consistent with good engineering practice as selected by the Engineer. Weekly, but not less than monthly, the Contractor and the Engineer shall review the work satisfactorily performed during that period and verify the measurements and quantities of said work. On or about the first of each month, the Contractor shall prepare a periodic estimate of the approximate amount of all materials furnished and work satisfactorily performed during the preceding month. Only those items or quantities of work reviewed and approved by the Engineer shall be submitted on this requisition for partial payment. By submission of a periodic estimate, the contractor is providing satisfactory evidence that he has paid in full for all labor, materials, equipment and services covered by that requisition. The periodic requisition shall be in the format as shown on the sample attached to this Construction Manual. The contractor shall prepare his request for periodic payment in the prescribed format and submit to the Engineer for review and Certification for Payment, all in accordance with the provisions of Article XX of the General Conditions. I-8

IV. PERFORMANCE BOND

PERFORMANCE BOND Know all men by these presents, that we, ____________________________________________ Organized under the laws of the Sate of ______________________________________ and having a usual place of business in _________________________________, as Principal, and ________________________________________, and having a usual place of business at _________________________________________ as Surety, are holden and stand firmly bound and obligated unto the City of Cranston, Rhode Island, as oblige, in the penal sum of ___________________________________________ ( ) dollars, lawful money of the United State of America, to and for the true payment whereof, we hereby bind ourselves, and each of us, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal has, by means of a written agreement, dated ___________________ , Entered into a Contract with the same oblige for the ____________________________________ _____________________________________ a copy of which agreement is attached hereto and by references made a part hereof. Now, the condition of this obligation is such that, if the said Principal, his heirs, administrators, successors, or assigns, shall well and truly keep and perform all the agreements, terms and conditions of said agreement on his part to be kept and performed, including the guarantee in the General Conditions, then this obligation shall be void – otherwise, it shall remain in full force and virtue. And the said Surety, for value received, hereby stipulated and agrees that no change in, or extension of time, alternation or addition to the terms of the Contract or to the work to be performed there under, or to the Specifications accompanying the same shall in any wise affect its obligations on this Bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. In witness whereof, we have hereunto set our hands and seals this_________________________ _____________________________ day of _____________________, 20_____. ____________________________________ Principal BY_________________________________ ____________________________________ Date ____________________________________ Surety *BY _______________________________ ___________________________________ Date

(A) IMPORTANT – Attach herewith proof of authority of officers or agents to sign Bonds.

PB-1

V. GENERAL CONDITIONS

GENERAL CONDITIONS

INDEX

ARTICLE 1 GENERAL ARTICLE II DEFINITIONS ARTICLE III WORK TO BE DONE BY CONTRACTOR ARTICLE IV INTERPRETATIONS OF CONTRACT ARTICLE V TIME REQUIREMENTS, EXTENSIONS AND DELAYS ARTICLE VI DRAWINGS AND SPECIFICATIONS ARTICLE VII FACILITIES FOR INSPECTION ARTICLE VIII PERSONAL SUPERVISION BY CONTRACTOR ARTICLE IX NOT TO SUBLET OR ASSIGN ARTICLE X IF REQUIREMENTS NOT FULFILLED ARTICLE XI CONSTRUCTION LOSSES AND PROTECTION FROM

CLAIMS AND LIABILITIES ARTICLE XII LABOR REQUIREMENTS ARTICLE XIII INSURANCE REQUIREMENTS ARTICLE XIV MISCELLANEOUS LEGAL REQUIREMENTS ARTICLE XV CONTRACTOR LIMITED TO MONEY DAMAGES ARTICLE XVI ALTERATIONS TO WORK ARTICLE XVII EXTRA WORK ARTICLE XVIII DISTPUTED WORK, DETERMINATION OR ORDER ARTICLE XIX ARBITRATION ARTICLE XX PAYMENTS ARTICLE XXI RELEASE ON FINALY PAYMENT

ARTICLE XXII GUARANTEE ARTICLE XXIII MATERIAL SUBSTITUION ARTICLE XXIV PERMITS ARTICLE XXV UNIT PRICES ARTICLE XXVI AFFIDAVIT

GENERAL CONDITIONS

ARTICLE I GENERAL Every provision of this Contract shall have the same force and effect as if included and repeated in every division or sub-division of the Contractor under which it may apply. Headings, letterings, and numbers of the various division and sub-divisions of and in the Contract are intended for convince of reference only and to have no force or effect whatever on the intent of the Contract. ARTICLE II DEFINITIONS Wherever the words defined in this Article II or pronouns used in their stead occur in this Contract, they shall have the meanings here given. The word “OWNER” shall mean the City of Cranston, Rhode Island, acting by its Public Works Department, Engineering Division. The word “STATE” shall mean the State of Rhode Island. The word “CITY” shall mean the City of Cranston. The words “APPROVAL OF THE OWNER” or “APPROVED BY THE OWNER,” “APPROVAL OF THE ENGINEER” or APPROVED BY THE ENGINEER,” shall mean approval in writing. The word “ENGINEER” shall mean the person or persons, partnership, or corporation holding the position or acting in the capacity of the Engineer for the Owner in respect to this Contract, whether acting directly or through his properly authorized agents, such agents acting only within the scope of the particular duties entrusted to them. The Engineer designated City Engineering Division. The word “CONTRACTOR” shall mean the party termed such by the Agreement, his heirs, executors, administrators, successors, or assigns as regards the obligations of the Contract. The words “AS PERMITTED,” ‘AS REQUIRED,” or words of like effect shall mean that the permission or requirement of the Engineer is intended. The words ‘APPROVED,” “ACCEPTABLE,” ‘SATISFACTORY,” or words of like import shall mean approved by, or acceptable to, or satisfactory to the Engineer. The words “NECESSARY,” “SUITABLE,” “EQUAL,” or words of like import shall mean necessary, suitable, or equal in the opinion of the Engineer. The Owner is treated as if it were of singular number and neuter gender and the contractor and the Engineer are treated as if each were of the singular number and masculine gender. GC-1 Any communication to the Owner shall be addressed to the City of Cranston, Engineering

Division, 1090 Cranston Street, Cranston, Rhode Island 02920. The words “SCHEDULE OF PRICES” shall mean the Schedule of Prices in the Proposal. ARTICLE III WORK TO BE DONE BY CONTRACTOR The Contractor agrees to do and complete the work at the contract bid price and expense, in a thorough and workmanlike manner, all the work and furnish all machinery, tools, equipment, facilities, plant, labor, supervision, materials and other requisites, except as herein otherwise expressly specified, necessary or proper to complete the entire work required, in accordance with the terms of the Contract Documents and to the approval of the Engineer. ARTICLE IV INTERPERTATION OF CONTRACT The Contractor shall, at his own proper cost and expense, provide and do everything necessary to prepare for and perform everything required under conditions and requirements of the Contract, and he hereby agrees that the Engineer shall in the first instance be the interpreter of the Contract Documents, and all the work contemplated and described therein shall be so done as to satisfy him that its intent is fulfilled. The Engineer shall promptly render impartial decision on all claims of either party against the other and on all claims of either party against the other and on all other matters governed by this intent, including questions as to the execution and progress of the work, values. The determination and decision of the Engineer shall be final and binding on both parties, and shall be a condition precedent to the right of the Contractor to receive any money hereunder, except as to those areas of disputed work covered under Article XVIII and XIX. ARTICLE V TIME REQUIREMENTS, EXTENSIONS AND DELAYS The Contractor shall commence the work no later than the time stipulated in the Contract Documents, after being notified so to do by the Owner, and shall continue it to completion with all practical dispatch and regularity so that it shall be completed not later than the time stipulated, as aforesaid, provided however, that, at its discretion, the Owner may in writing extend the time for the commencement and completion of the work. The Contractor shall commence the work no later than the time stipulated in the Contract Documents, after being notified so to do by the Owner, and shall continue it to completion with all practical dispatch and regularity so that it shall be completed not later than the time stipulated, as aforesaid, provided however, that, at its discretion, the Owner may in writing extend the time for the commencement and completion of the work. The Contractor shall have no claim or demand against the Owner by reason of any failure upon part of the Owner to acquire possession or title to land necessary for the project, or upon the part of other contractors or the Owner to complete work which they are or may be doing at the site of the work, save only that the delay actually suffered, assignable solely to any of these causes, shall be added to the time within which the contractor has undertaken to complete his work and the liability of the Contractor as to liquidated damages shall be adjusted accordingly. GC-2

It is mutually agreed that the timely completion of the work under this Contract has a substantial financial value to the Owner, which value it is difficult or impossible to forecast or evaluate exactly. It is of considerable mutual advantage to the parties hereto that, even if not equal exactly to the real value of each day so lost in the completion of the work, the compensation therefore which the Contractor is to give to the Owner be a fixed sum and set in advance. In view of the foregoing and other considerations the parties hereby mutually agree in the place of said value as it may be truly and finally determined, to adopt arbitrarily for the purposes of this Contract, the sum per day, which is stipulated in the documents as the sum which the Contractor shall give to the Owner as liquidated damages for each calendar day lost by the contractor in the completion of the work of the Contract, this sum to govern in all issues, and being adopted for the mutual use of the parties hereto and for no other use. The Owner may deduct and retain out of the moneys which otherwise may be due or become due the contractor under his Contract, the aforesaid sum, which is stipulated in the documents, for each and every calendar day in which the work of the Contract is uncompleted after the time herein stipulated for such completion. The sum shall in no sense be regarded as a penalty based on true values, but a sum adopted arbitrarily by the parties hereto in view of considerations indicated in the preceding paragraph. Neither an allowance of time beyond those fixed herein for the commencement or the completion of the work, nor the permitting of the Contractor to go on and complete any work after the time fixed herein for its completion, nor the acceptance of any part of the work called for by this Contract, nor any partial payment, shall operate as a waiver or release of any rights of the Owner under the Contract against either the Contractor or the Surety Company. ARTICLE VI DRAWINGS AND SPECIFICATIONS The Plans, Drawings, Specifications and other data and documents prepared for use in connection with this Contract are intended to be explanatory of each other, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in them or any of them, except to those areas of the disputed work covered by Article XVIII, the explanation or decisions of the Engineer shall be final and binding on the parties hereto. Any errors or omissions in Plans, Drawings or Specifications or in other data or documents may be corrected by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by him, such correction to govern only from the time that Engineer gives notice in writing thereof to the Contractor. The contractor shall not take any advantage, or make any claim for damages on account of any omission, discrepancy or error in any surroundings, borings, estimates, schedules, specifications, drawings, plans, or other data or documents furnished him, but shall report same to the Engineer as soon as it comes to his knowledge. ARTICLE VII FACILITIES FOR INSPECTION The Engineer, any person employed by the Engineer in connection with this work, and any authorized representative of the Owner, representatives of the appropriate private agencies of the GC-3

US Government and the State of R.I., shall at all times have the right to enter the premises upon which any work under the Contract is being done to inspect said work and the materials of the same, and the contractor shall furnish all reasonable facilities for access to the work and give ample time for such inspection. The Contractor also shall furnish all reasonable facilities for viewing the work to the Owner and its representatives, and to accredited representatives of bodies having jurisdiction with respect to the work. ARTICLE VIII PERSONAL SUPRERVISION BY CONTRACTOR The Contractor or his duly authorized and approved representative shall give personal attention to the fulfillment of the contract. The contractor shall have on the work at all times a representative competent and authorized to receive and execute the decisions of the Engineer and to accept notices to be given to the contractor under the provisions of the contract. ARTICLE IX NOT TO SUBLET OR ASSIGN The Contractor shall keep the Contract under his control – and shall not assign, by power of attorney or otherwise, and portion of said work, or any moneys payable under the Contract or his claim thereto, unless by the previous approval of the Owner and the Surety. No part of this work shall be sublet except to parties skilled in and equipped properly for the same and satisfactory to the Engineer and approved by the Owner. ARTICLE X REQUIREMENTS NOT FULFILLED If the work to be done under this Contract shall be abandoned – or if the Contract or any part thereof shall sublet without previous approval of the Owner – or if the Contract or any claim there under shall assigned or encumbered by the Contractor otherwise than herein allowed – or if any material, tools or equipment shall be attached, which attachment remains undissolved for a period exceeding ten days – or if at any time the Engineer shall be of the opinion, and shall so certify in writing to the Owner, that the said work is delayed unnecessarily or unreasonably, or that the methods in use by the Contractor will result in increased cost to the Owner, or that the Contractor is violating any of the conditions of the Contract, or that the Contractor is not executing said Contract in good faith, or that the contractor is not making such progress in the execution of any part of the work as to indicate the completion of the work within the required time – the Owner shall have the power and right to notify the Contractor to discontinue all work or any part thereof under the Owner shall designate – and the Owner shall thereupon have the power, by the Contract or otherwise as it may determine, to complete the work herein described, or such part thereof as it deems necessary, and to use such told and equipment, and such materials of every description as may be found upon or designed to be used upon said work, and to procure additional tools and equipment, and additional materials for the completion of the same – and to debit the Contractor with the expense of labor and of additional materials, and of additional tools and equipment so procured, which additional tools and equipment shall be and remain the property of the contractor upon completion of the work – and to credit him with the value of the work so done, based on the Schedule of Price, as estimated by the Engineer. The excess, if any, of debit over credit is to be made good to the Owner by the Contractor (to the limit stated below from any moneys that are then due the Contractor, or that may thereafter become due the Contractor under this Contract, or the excess is to be made good by the Surety to the GC-4

Owner. The excess to be so made good is to be limited to the amount owed the Contractor by the Owner under the contract, at the time the Contractor is notified to discontinue said work, plus the amount of the Bond of the Contract. And it is further agreed, that, in case the Engineer shall certify to the Owner that the Contractor cannot fully the aforesaid work within the stipulated time, the Owner may thereupon, in lieu of the foregoing provision, pay the contractor for the parts already done, according to the provisions of the Contract, and may treat the parts remaining undone as if they had never been included in or contemplated by the Contract. And it is further agreed that in case the Engineer shall certify to the Owner that the Contractor cannot complete fully the aforesaid work within the stipulated time, the Owner, in lieu of any of the foregoing provisions, may call upon the Surety Company and the Surety shall complete the work done by the Surety Company according to the payment provisions of the Contract. In case the completion of the work is not performed by the Contractor, the amount of any sums due to the Owner for any delay in such completion shall be determined by the Engineer. No act, proceeding, or notice contemplated by this Article X on the part of the Owner, or the Engineer, and nothing herein contained, shall operate as a waiver or release of any of the rights of the Owner under the Contract against either the contractor or the Surety Company. ARTICLE XI CONSTRUCTION LOSSES AND PROTECTION FROM CLAIMS AND

LIABILITIES All damages of whatever nature resulting from the work or resulting to the work during its progress, from whatever cause, shall be borne and sustained by the Contractor. All work shall solely at the Contractor’s risk until it has been completed finally as established by the Engineer’s certificate of completion of the Contract as provided for in Article XX. Any defect, omission or mistake on the part of the Contractor may be made good by the Owner at the expense of the Contractor. The Contractor shall take all responsibility of the work and shall take all precautions for preventing injuries to persons or damage to property in and about the work – shall bear all loses resulting to him, including but not limited to losses sustained on account of the character, quality, or quantity of any part or all the work, or because of the nature of the land in or on which the work is done being different from what was estimated, or indicated by borings, test pits, or rod soundings, or any other data, or on account of the weather, elements, or other causes – shall cover or protect the work from damage by fire, flood, or frost action – and all injury to the work, before the completion of the Contract, shall be made good by him. His responsibility shall be continuous and not be limited to normal working hours. This project is subject to the most current safety and health regulations as promulgated by the U.S. Department of Labor. Contractors are urged to make themselves familiar with the requirements of the regulations. The Contractor and Subcontractors shall not require any laborer or mechanic employed in the performance of the Contractor to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety, as determined under such regulations or any other standards promulgated by the Secretary of Labor. The duty of the Engineer to conduct construction review of the contractor’s performance is not intended to include review of the adequacy of the Contractor’s safety measures in, or near the construction site. GC-5

The Contractor shall assume the defense of, and indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from, or to infringement of any patent rights, and is caused in whole or in part by an act, omission, or neglect of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In addition to the obligation of the Contractor to the Owner hereunder, this Article is made for the use and benefit of the engineer and the Engineer is hereby made oblige hereunder and may proceed or sue hereon. In any and all claims against the Owner or the Engineer or any of their agents or any employee by of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article XI shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman’s Compensation Acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor under Article XI shall not extend to the liability of the Engineer, his agents or employees solely caused by tortuous acts of the Engineer, his agents or employees. The Contractor shall be responsible for payment of all services, labor, equipment, and materials furnished by or through him for the purposes of the Contract. The Contractor shall indemnify and protect the Owner from all claims against the Owner from mechanics, laborers, Subcontractors, material men, and others, for services or labor performed or materials furnished for the purposes of the contract. If, through neglect of this provision by the Contractor, claims are made or anticipated against the Owner, until such claims shall have been discharged or secured satisfactorily, the Owner may, in addition to other remedies, retain from any money due or that may thereafter become due the Contractor under the Contract, sums sufficient to cover said claims – further the Owner may, in such manner and such amount as the Engineer may deem proper, apply any claims, and such applications shall be deemed payments for the Contractor’s amount. It is understood and agreed that the Contractor shall be responsible and liable for an will save harmless the Owner from all reasonable costs and attorney’s fees incurred by the Owner arising out of any claim, suit or action against the Contractor in connection with this Contract in which the Owner is joined as a defendant with the contractor or is otherwise obligated to act so as to defend or protect its interests. ARTICLE XII – LABOR REQUIREMENTS In the employment of mechanics, teamsters and laborers in the construction of public works by the state, or by any city or town, or by persons contracting therewith for such construction, GC-6

preference shall first be given to citizens of the state who are qualified to perform the work to which the employment relates; and if they cannot be obtained in sufficient numbers, then to which the employment relates; and if they cannot be obtained insufficient numbers, then to citizens of the United States, and every contract for such work shall contain a provision to this effect. The Contractor hereby agrees to abide by and comply with the applicable terms and provisions of Title 37, Chapter 13 of the General Laws, latest revision, as contained in Section VI of these documents. RHODE ISLAND DEPARTMENT OF LABOR RULES AND REGULATIONS RELATING TO PREVAILING WAGES The Contractor is additionally required to review and comply with this document. Copies are included as Pages GC = 8A and 8B. RULES AND REGULATIONS RELATING TO PREVAILING WAGES, PURSUANT TO THE ADMINSTRATIVE PROCEDURES ACT. 1. Any contractor who has been awarded a contract for a Public Works project in excess of

$1,000.00, or any subcontractor performing work on said project, shall be liable for the payment of prevailing wages under this chapter regardless of whether or not the prevailing wages were listed in the contract between the contractor and the awarding authority of the state or political sub-division, as required by law.

2. Any contractor who has been awarded a contract for a Public Works Project in excess of

$1,000.00, shall be liable for the payment prevailing wages under this chapter regardless of whether or not a subcontractor may be the primary obligor. The contractor shall ensure that a subcontractor pays the prevailing wage to his employees and otherwise complies with the provisions of R.I.G.L. Chapter 37-13.

3. Before awarding a contract for a Public Works Project, an awarding authority shall first

determine from the Director of Labor whether the proposed contractor has been debarred under R.I.G.L. 37-13-16, and shall notify all bidders that the prevailing wage is required as a condition of the contract.

4. All complaints filed for non compliance with Chapter 13, Title 37 of the General Laws of

Rhode Island shall be in writing, and on forms issued by the Department of Labor. The written complaints must be filed with the Department of Labor within twenty-four (24) months of the completion of the project.

5. Any contractor or subcontractor doing work on a Public Works Project, must pay the

prevailing wage for the classification of the work performed by an apprentice unless such apprentice is registered under an apprenticeship program sanctioned by the Rhode Island Department of Laborer’s Apprenticeship Council.

6. The Director of Labor shall notify an awarding authority of the name of any contractor

that has violated any provision of this chapter. GC-7

7. Any proceeding to debar a contractor from bidding on a Public Works Project under the provisions of R.I.G.L. chapter 37-13, may be brought against the principals, officers or successors in interest of such contractor, where such principals, officers or successors in interest are responsible for the violation of this chapter.

8. “No person, contractor, firm, business or corporation shall by any special contract or

arrangement with an employee or by any other means exempt himself from coverage under R.I.G.L. Chapter 37-13. For purposes of this chapter individuals performing any service shall be deemed to be employees and shall be subject to the provisions of Chapter 37-13 even though the employee may hold share (s) of stock in the enterprise. Such presumption of an employee status shall not apply if it is shown that the individual has been and will continue to be free from control and direction in connection with the performance of such service under his contract, and such service is performed either outside the usual course of business for which the service is performed or is performed outside of all places of business of the enterprise; and, said individual is customarily engaged in an independently established occupation, profession or business of the same nature as involved in the service performed. The failure to withhold federal or state income taxes or unemployment compensation from an employee’s wages, or to provide workers’ compensation coverage for employees, shall not be used for the purposes of making a determination hereunder. The President and treasurer of a corporation or any officer or agent having management of such corporation shall be deemed the employer hereunder.

9. The Department of Labor will be guided by the General Wage Decisions in accordance

with Section 37-13-8 of the General Laws of Rhode Island. Said General Wage Decisions shall be effective upon filing with the Rhode Island Secretary of State’s Office.

10. In order to comply with Section 37-13-13 of the General Laws of Rhode Island, a

certified payroll record shall be a weekly compilation of all wages, taxes and benefits paid and/or withheld from employees. Said information shall be recorded weekly on the form attached hereto and marked as Exhibit “A.”

11. Where the Director of Labor has found a violation and entered as decision, the contractor

and/or a subcontractor shall pay all wages due, interest and penalties assessed within thirty (30) days of the date of the decision. The Director of Labor shall upon application by the faulting contractor and/or subcontractor, extend the period for payment, provided a request is made within twenty (20) days of the date of the decision and a written agreement of repayment is entered into by the Director of Labor and the contractor and/or subcontractor. The repayment agreement shall become void in the event the contractor and/or subcontractor fail to make payments as agreed.

12. In enforcing the provisions of Chapter 13 of Title 37, the Director of Labor may order an

awarding authority to withhold a percentage of the contract price from a contractor and/or subcontractor. The amount withheld shall be equal to the amount of the wages due, interest and penalties to satisfy the decision.

13. All service and maintenance contracts with the State of Rhode Island or political GC-8

subdivision thereof shall comply with the provisions of Chapter 13, Title 37 where the contract price exceeds $1,000.00 and the work includes alternations, installation, repairs or construction.

14. The Director of Labor hereby adopts the position of the United States Department of

Labor that all independent contractors and/or subcontractors shall comply with the Provisions of Chapter 13, Title 37. General Decision Number: RI170001 06/02/2017 RI1 Superseded General Decision Number: RI20160001 State: Rhode Island Construction Types: Building, Heavy (Heavy and Marine) and Highway Counties: Rhode Island Statewide. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) HEAVY, HIGHWAY AND MARINE CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/13/2017 2 01/27/2017 3 02/03/2017 4 02/17/2017 5 03/03/2017 6 03/10/2017 7 03/17/2017 8 04/07/2017 9 04/21/2017 10 05/05/2017 11 05/12/2017 12 06/02/2017 ASBE0006-006 06/01/2015 Rates Fringes HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal scrapping, vacuuming, bagging GC-9

& disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)..............$ 31.63 18.30 ---------------------------------------------------------------- ASBE0006-008 09/01/2015 Rates Fringes Asbestos Worker/Insulator Includes application of all insulating materials, protective coverings, coatings & finishes to all types of mechanical systems.$ 39.43 25.65 ---------------------------------------------------------------- BOIL0029-001 01/01/2017 Rates Fringes BOILERMAKER......................$ 42.42 24.92 ---------------------------------------------------------------- BRRI0003-001 12/01/2016 Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner.......$ 37.38 25.30 ---------------------------------------------------------------- BRRI0003-002 03/01/2017 Rates Fringes Marble Setter, Terrazzo Worker & Tile Setter.............$ 37.16 26.37 ---------------------------------------------------------------- BRRI0003-003 03/01/2017 Rates Fringes Marble, Tile & Terrazzo Finisher.........................$ 31.32 25.15 ---------------------------------------------------------------- CARP0094-001 01/01/2017 Rates Fringes CARPENTER (Includes Soft Floor Layer).....................$ 34.91 26.65 Diver Tender.....................$ 35.91 26.65 DIVER............................$ 46.71 26.65 Piledriver.......................$ 34.91 26.65 WELDER...........................$ 35.91 26.65 FOOTNOTES: When not diving or tending the diver, the diver and diver tender shall receive the piledriver rate. Diver tenders shall receive $1.00 per hour above the pile driver rate when tending the diver. Work on free-standing stacks, concrete silos & public utility electrical power houses, which are over 35 ft. in height when constructed: $.50 per hour additional. GC-10

Work on exterior concrete shear wall gang forms, 45 ft. or more above ground elevation or on setback: $.50 per hour additional. The designated piledriver, known as the "monkey": $1.00 per hour additional. ---------------------------------------------------------------- CARP1121-002 04/01/2017 Rates Fringes MILLWRIGHT.......................$ 35.97 27.50 ---------------------------------------------------------------- * ELEC0099-002 06/01/2017 Rates Fringes ELECTRICIAN......................$ 36.83 58.39% Teledata System Installer........$ 28.56 13.1%+13.76 FOOTNOTES: Work of a hazardous nature, or where the work height is 30 ft. or more from the floor, except when working OSHA-approved lifts: 20% per hour additional. Work in tunnels below ground level in combined sewer outfall: 20% per hour additional. ---------------------------------------------------------------- ELEV0039-001 01/01/2017 Rates Fringes ELEVATOR MECHANIC................$ 48.45 31.585+A+B FOOTNOTES: A. PAID HOLIDAYS: New Year’s Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. B. Employer contributes 8% basic hourly rate for 5 years or more of service of 6% basic hourly rate for 6 months to 5 years of service as vacation pay credit. ---------------------------------------------------------------- ENGI0057-001 12/04/2016 Rates Fringes Operating Engineer: (power plants, sewer treatment plants, pumping stations, tunnels, caissons, piers, docks, bridges, wind turbines, subterranean & other marine and heavy construction work) GROUP 1.....................$ 36.65 24.85+a GROUP 2.....................$ 32.27 24.85+a GROUP 3.....................$ 29.42 24.85+a GROUP 4.....................$ 35.70 24.85+a GROUP 5.....................$ 26.50 24.85+a GC-11

GROUP 6.....................$ 20.50 24.85+a GROUP 7.....................$ 32.35 24.85+a GROUP 8.....................$ 36.27 24.85+a a. BOOM LENGTHS, INCLUDING JIBS: 150 feet and over + $ 2.00 180 feet and over + $ 3.00 210 feet and over + $ 4.00 240 feet and over + $ 5.00 270 feet and over + $ 7.00 300 feet and over + $ 8.00 350 feet and over + $ 9.00 400 feet and over + $10.00 a. PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, July Fourth, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day. a: Any employee who works 3 days in the week in which a holiday falls shall be paid for the holiday. a. FOOTNOTES: Hazmat work: $2.00 per hour additional. Tunnel/Shaft work: $5.00 per hour additional. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Digging machine, Ross Carrier, crane, lighter, locomotive, derrick, hoist, elevator, bidwell-type machine, shot & water blasting machine, paver, spreader, graders, front end loader (3 yds. and over), vibratory hammer & vacuum truck, roadheaders, forklifts, economobile type equipment, tunnel boring machines, concrete pump and on site concrete plants. GROUP 2: Oilers on cranes. GROUP 3: Oiler on crawler backhoe. GROUP 4: Bulldozer, bobcats, skid steer loader, tractor, scraper, combination loader backhoe, roller, front end loader (less than 3 yds.), street and mobile-powered sweeper (3-yd. capacity), 8-ft. sweeper minimum 65 HP). GROUP 5: Well-point installation crew. GROUP 6: Utility Engineers and Signal Persons GROUP 7: Heater, concrete mixer, stone crusher, welding machine, generator and light plant, gas and electric driven pump and air compressor. GROUP 8: Boat & tug operator. ---------------------------------------------------------------- ENGI0057-002 05/01/2017 Rates Fringes Power Equipment Operator (highway construction projects; water and sewerline projects which are incidental GC-12

to highway construction projects; and bridge projects that do not span water) GROUP 1....................$ 32.30 25.10+a GROUP 2....................$ 27.00 25.10+a GROUP 3....................$ 21.00 25.10+a GROUP 4....................$ 27.58 25.10+a GROUP 5....................$ 31.28 25.10+a GROUP 6....................$ 30.90 25.10+a GROUP 7....................$ 26.55 25.10+a GROUP 8....................$ 27.93 25.10+a GROUP 9....................$ 29.88 25.10+a a. FOOTNOTE: a. Any employee who works three days in the week in which a holiday falls shall be paid for the holiday. a. PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, July Fourth, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day & Christmas Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Digging machine, crane, piledriver, lighter, locomotive, derrick, hoist, boom truck, John Henry's, directional drilling machine, cold planer, reclaimer, paver, spreader, grader, front end loader (3 yds. and over), vacuum truck, test boring machine operator, veemere saw, water blaster, hydro-demolition robot, forklift, economobile, Ross Carrier, concrete pump operator and boats GROUP 2: Well point installation crew GROUP 3: Utlity engineers and signal persons GROUP 4: Oiler on cranes GROUP 5: Combination loader backhoe, front end loader (less than 3 yds.), forklift, bulldozers & scrapers and boats GROUP 6: Roller, skid steer loaders, street sweeper GROUP 7: Gas and electric drive heater, concrete mixer, light plant, welding machine, pump & compressor GROUP 8: Stone crusher GROUP 9: Mechanic & welder ---------------------------------------------------------------- ENGI0057-003 12/04/2016 BUILDING CONSTRUCTION Rates Fringes Power Equipment Operator GROUP 1....................$ 35.92 24.85+a GROUP 2....................$ 35.70 24.85+a GROUP 3....................$ 31.70 24.85+a GROUP 4....................$ 28.85 24.85+a GROUP 5....................$ 35.00 24.85+a GROUP 6....................$ 34.57 24.85+a GROUP 7....................$ 31.89 24.85+a a.BOOM LENTHS, INCLUDING JIBS: GC-13

150 ft. and over: + $ 2.00 180 ft. and over: + $ 3.00 210 ft. and over: + $ 4.00 240 ft. and over: + $ 5.00 270 ft. and over: + $ 7.00 300 ft. and over: + $ 8.00 350 ft. and over: + $ 9.00 400 ft. and over: + $10.00 a. PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, July Fourth, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day & Christmas Day. a: Any employee who works 3 days in the week in which a holiday falls shall be paid for the holiday. a. FOOTNOTE: Hazmat work: $2.00 per hour additional. Tunnel/Shaft work: $5.00 per hour additional. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Digging machine, Ross carrier, crane, boomtrucks, lighter, locomotive, derrick, hoist, elevator, bidwell-type machine, shot & water blasting machine, paver, spreader, front end loader (3 yds. and over), vibratory hammer and vacuum truck GROUP 2: Telehandler equipment, forklift, concrete pump & on-site concrete plant GROUP 3: Fireman & oiler GROUP 4: Oiler on crawler backhoe GROUP 5: Bulldozer, skid steer loaders, bobcats, tractor, grader, scraper, combination loader backhoe, roller, front end loader (less than 3 yds.), street and mobile powered sweeper (3 yds. capacity), 8-ft. sweeper (minimum 65 hp) GROUP 6: Well point installation crew GROUP 7: Heater, concrete mixer, stone crusher, welding machine, generator for light plant, gas and electric driven pump & air compressor ---------------------------------------------------------------- IRON0037-001 03/16/2017 Rates Fringes IRONWORKER.......................$ 34.89 26.02 ---------------------------------------------------------------- LABO0271-001 06/05/2016 BUILDING CONSTRUCTION Rates Fringes LABORER GROUP 1.....................$ 29.20 23.80 GROUP 2.....................$ 29.45 23.80 GROUP 3.....................$ 29.95 23.80 GROUP 4.....................$ 30.20 23.80 GROUP 5.....................$ 31.20 23.80 GC-14

LABORERS CLASSIFICATIONS GROUP 1: Laborer, Carpenter Tender, Mason Tender, Cement Finisher Tender, Scaffold Erector, Wrecking Laborer, Asbestos Removal [Non-Mechanical Systems] GROUP 2: Asphalt Raker, Adzemen, Pipe Trench Bracer, Demolition Burner, Chain Saw Operator, Fence & Guard Rail Erector, Setter of Metal Forms for Roadways, Mortar Mixer, Pipelayer, Riprap & Dry Stonewall Builder, Highway Stone Spreader, Pneumatic Tool Operator, Wagon Drill Operator, Tree Trimmer, Barco-Type Jumping Tamper, Mechanical Grinder Operator GROUP 3: Pre-Cast Floor & Roof Plank Erectors GROUP 4: Air Track Operator, Hydraulic & Similar Self-Powered Drill, Block Paver, Rammer, Curb Setter, Powderman & Blaster GROUP 5: Toxic Waste Remover ---------------------------------------------------------------- LABO0271-002 06/05/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes LABORER COMPRESSED AIR Group 1....................$ 46.63 21.80 Group 2....................$ 36.15 21.80 Group 3....................$ 48.63 21.80 FREE AIR Group 1....................$ 38.70 21.80 Group 2....................$ 36.15 21.80 Group 3....................$ 40.70 21.80 LABORER Group 1....................$ 29.20 21.80 Group 2....................$ 29.45 21.80 Group 3....................$ 30.20 21.80 Group 4....................$ 22.70 21.80 Group 5....................$ 31.20 21.80 OPEN AIR CAISSON, UNDERPINNING WORK AND BORING CREW Bottom Man.................$ 35.20 21.80 Top Man & Laborer..........$ 34.25 21.80 TEST BORING Driller....................$ 35.65 21.80 Laborer....................$ 34.25 21.80 LABORER CLASSIFICATIONS GROUP 1: Laborer; Carpenter tender; Cement finisher tender; Wrecking laborer; Asbestos removers [non-mechanical systems]; Plant laborer; Driller in quarries GROUP 2: Adzeperson; Asphalt raker; Barcotype jumping tamper; Chain saw operators; Concrete and power buggy operator; Concrete saw operator; Demolition burner; Fence and guard rail erector; Highway stone spreader; Laser beam operator; Mechanical grinder operator; Mason tender; Mortar mixer; Pneumatic tool operator; Riprap and dry stonewall GC-15

builder; Scaffold erector; Setter of metal forms for roadways; Wagon drill operator; Wood chipper operator; Pipelayer; Pipe trench bracer GROUP 3: Air track drill operator; Hydraulic and similar powered drills; Brick paver; Block paver; Rammer and curb setter; Powderperson and blaster GROUP 4: Flagger & signaler GROUP 5: Toxic waste remover LABORER - COMPRESSED AIR CLASSIFICATIONS GROUP 1: Mucking machine operator, tunnel laborer, brake person, track person, miner, grout person, lock tender, gauge tender, miner: motor person & all others in compressed air GROUP 2: Change house attendant, powder watchperson, top person on iron GROUP 3: Hazardous waste work within the "HOT" zone LABORER - FREE AIR CLASSIFICATIONS GROUP 1: Grout person - pumps, brake person, track person, form mover & stripper (wood & steel), shaft laborer, laborer topside, outside motorperson, miner, conveyor operator, miner welder, heading motorperson, erecting operator, mucking machine operator, nozzle person, rodperson, safety miner, shaft & tunnel, steel & rodperson, mole nipper, concrete worker, form erector (wood, steel and all accessories), cement finisher (this type of work only), top signal person, bottom person (when heading is 50' from shaft), burner, shield operator and TBM operator GROUP 2: Change house attendant, powder watchperson GROUP 3: Hazardous waste work within the "HOT" zone ---------------------------------------------------------------- PAIN0011-005 06/01/2016 Rates Fringes PAINTER Brush, Roller, Taper, Wall Coverer.....................$ 32.02 20.15 Epoxy, Tanks, Towers, Swing Stage & Structural Steel.......................$ 34.02 20.15 Spray, Sand & Water Blasting....................$ 35.02 20.15 ---------------------------------------------------------------- PAIN0011-006 06/01/2016 Rates Fringes GLAZIER..........................$ 35.58 20.15 FOOTNOTES: SWING STAGE: $1.00 per hour additional. GC-16

PAID HOLIDAYS: Labor Day & Christmas Day. ---------------------------------------------------------------- PAIN0011-011 06/01/2016 Rates Fringes Painter (Bridge Work)...........$ 46.95 20.15 ---------------------------------------------------------------- PAIN0035-008 06/01/2011 Rates Fringes Sign Painter.....................$ 24.79 13.72 ---------------------------------------------------------------- PLAS0040-001 12/01/2016 BUILDING CONSTRUCTION Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 32.95 26.70 FOOTNOTE: Cement Mason: Work on free swinging scaffolds under 3 planks width and which is 20 or more feet above ground and any offset structure: $.30 per hour additional. ---------------------------------------------------------------- PLAS0040-002 07/24/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 29.65 21.45 ---------------------------------------------------------------- PLAS0040-003 07/11/2016 Rates Fringes PLASTERER........................$ 33.25 26.20 ---------------------------------------------------------------- PLUM0051-002 05/01/2017 Rates Fringes Plumbers and Pipefitters.........$ 39.38 28.20 ---------------------------------------------------------------- ROOF0033-004 12/01/2016 Rates Fringes ROOFER...........................$ 34.85 22.52 ---------------------------------------------------------------- SFRI0669-001 04/01/2017 Rates Fringes SPRINKLER FITTER.................$ 43.92 21.49 ---------------------------------------------------------------- SHEE0017-002 12/01/2016 Rates Fringes GC-17

Sheet Metal Worker...............$ 35.20 32.81 ---------------------------------------------------------------- TEAM0251-001 08/01/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes TRUCK DRIVER GROUP 1....................$ 26.71 22.6925+A+B+C GROUP 2....................$ 26.86 22.6925+A+B+C GROUP 3....................$ 26.91 22.6925+A+B+C GROUP 4....................$ 26.96 22.6925+A+B+C GROUP 5....................$ 27.06 22.6925+A+B+C GROUP 6....................$ 27.46 22.6925+A+B+C GROUP 7....................$ 27.66 22.6925+A+B+C GROUP 8....................$ 27.16 22.6925+A+B+C GROUP 9....................$ 27.41 22.6925+A+B+C GROUP 10....................$ 27.21 22.6925+A+B+C FOOTNOTES: A. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, plus Presidents' Day, Columbus Day, Veteran's Day & V-J Day, providing the employee has worked at least one day in the calendar week in which the holiday falls. B. Employee who has been on the payroll for 1 year or more but less than 5 years and has worked 150 Days during the last year of employment shall receive 1 week's paid vacation; 5 to 10 years - 2 weeks' paid vacation; 10 or more years - 3 week's paid vacation. C. Employees on the seniority list shall be paid a one hundred dollar ($100.00) bonus for every four hundred (400) hours worked, up to a maximum of five hundred dollars ($500.00) All drivers working on a defined hazard material job site shall be paid a premium of $2.00 per hour over applicable rate. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Pick-up trucks, station wagons, & panel trucks GROUP 2: Two-axle on low beds GROUP 3: Two-axle dump truck GROUP 4: Three-axle dump truck GROUP 5: Four- and five-axle equipment GROUP 6: Low-bed or boom trailer. GROUP 7: Trailers when used on a double hook up (pulling 2 trailers) GROUP 8: Special earth-moving equipment, under 35 tons GROUP 9: Special earth-moving equipment, 35 tons or over GROUP 10: Tractor trailer GC-18

---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers GC-19

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. GC-20

Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION

GC-21

DEFINITIONS A. Successor in interest is one who continues to retain the same right, control or interest in a

new business, firm, or corporation which purchased or merged with the former business, firm, or corporation.

B. A Principal is a person who has a majority of the ownership of a business, firm, or

corporation. ARTICLE XIII INSURANCE REQUIREMENTS The Contractor shall take out and maintain during the life of this Contract such public liability and property damage insurance as shall protect him and any Subcontractor performing work covered by this Contract from claims for personal injury, including wrongful death, as well as for claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by either of them. Public liability insurance shall be in an amount not less than five hundred thousand dollars ($500,000.00) for bodily injuries, for each occurrence, including wrongful death; in an amount not less than one million dollars (1,000,000.00) aggregate. Property damage insurance shall be in an amount not less than five hundred thousand dollars ($500,000.00) including explosion, collapse and underground coverage, for each occurrence; and not less than one million dollars ($1,000,000.00) aggregate.

The Contractor shall also take out and maintain during the life of the Contract, Builder’s risk Insurance with extended coverage in an amount not less than the full insurable value of interest. The loss, if any, is to be made payable to the Owner and/or to the contractor as their interests may appear.

Automobile, trucks, vehicles: Bodily injury $500,000.00 each person - $1,000,000.00

each accident, Property Damage: $200,000.00 each accident, $500,000.00 aggregate. This coverage is to extend to all vehicles regardless of type and whether hired, owned, rented or leased. At the Contractor’s option, he may provide a $1,000,000.00 “combined single limit policy” covering property damage and bodily injury.

Statutory Workmen’s Compensation and Employer Liability in the amount required by

law.

In addition to the foregoing Liability, Property Damage, Builder’s Risk, Vehicle and Workmen’s Compensation policies, the contractor shall provide the following additional coverage in limits not less than previously specified in this section:

1. Operations – Premises Liability 2. Independent Contractor’s Protective Liability 3. Completed Operations and Products Liability 4. Contractual Liability

GC-22

In lieu of the foregoing individual policies, the contractor may furnish a Commercial General Liability Policy in the limits as specified in this section.

All Sub-contractors shall also take out and maintain during the life of their sub-contracts,

insurance in amounts not less than those stipulated herein for the Contractor.

Failure to provide and continue in force for the life of the Contract such insurance as aforesaid shall be deemed a material breach of the Contract and shall operate as an immediate termination thereof.

No cancellation of such insurance, whether by the insurer or by the insured, shall be valid

unless written notice thereof is given by the party proposing cancellation to the other party and the Owner at least fifteen days prior to the intended effective date thereof, which date cancellation must be certified mail, postage pre-paid, with a receipt of the addressee requested, shall be sufficient notice. This Section shall apply to the legal representatives, trustee in bankruptcy, receiver, assignee, trustee, and the successor in interest of the Contractor.

The aforesaid shall be taken out and maintained at the contractor’s expense.

Two copies of Certificates of Insurance, certifying to the issuance of all insurance

policies, shall be furnished to the Owner. Each and every insurance policy shall name both the Contractor and the City of Cranston as being insured in the full amount of the insurance. All insurance policies shall be carried through the Contract guarantee period. Insurance certificates must be submitted on standard form ACORD 25.

ARTICLE XIV MISCELLANEOUS LEGAL REQUIREMENTS The Contractor shall keep himself informed of all laws of the state, and of the United States of America, and of all municipal laws and ordinances in any manner affecting the work of this Contract, and of all orders or decrees of any body or tribunal having any jurisdiction or authority in any manner affecting said work and shall be responsible for a strict compliance therewith. If any clause of this Contract does not conform to any such law, such clause shall be void in so far as it conflicts with such law and such law operative in lieu thereof. Nothing shall be constructed as a waiver of any provision of this Contract except a writing which names specifically the provision, states the extent to which it is waived, and is signed by the party making the waiver. Each and every provision of the law and clause required by law to be inserted in this contract should be, is, and is deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be amended physically to make such insertion. If any provision herein shall be such as to destroy the mutuality of this Contract or to render it invalid or illegal, then if said provision shall not appear to have been so material that without it GC-23

the Contract would not have been made by the parties, it shall not be deemed to form part thereof, but the balance of the Contract shall remain in full force and effect. ARTICLE XV CONTRACTORS LIMITED TO MONEY DAMAGES In as much as the Contractor can be compensated adequately by money damages for any breach of this Contract which may be committed by the Owner, the contractor agrees expressly that no default, act, or omission of the Owner shall constitute a material breach of the Contract entitling him to cancel or rescind it or (unless the Engineer shall so direct) to suspend or abandon him to cancel or rescind it or (unless the Engineer shall so direct ) to suspend or abandon performances – and he waives hereby any and all rights and remedies to which he might otherwise be or become entitled because of any wrongful act or omission of the Owner or its agents, saving only his right to money damages. ARTICLE XVI ALTERATONS OF WORK The Owner may make alterations in the form or character of any of the work done, or to be done, and in the requirements of the Contract Documents, and the Engineer may order in writing such alterations to be made. Such order shall be by means of a written change order, supplemented with drawings when in the opinion of the Engineer it is necessary, which shall include a description of the change with revised Specifications, estimated quantities, and prices of the work involved in the alterations made. Each change order shall make provisions for revising the time of completion of all work to be done under this Contract or shall state that no revision of time is necessary. All such change orders shall be approved in writing by the Owner and accepted in writing by the contractor before they become effective. If the Owner and Contractor do not agree on the revised prices of the work as involved in the alterations, the work shall be paid for on the cost-plus basis as provided for extra work and it is mutually agreed that this alteration, additional work or extra work will not be performed on a cost-plus basis, then said work shall be paid for at Contract unit prices and the Contractor waives all rights to seek additional compensation beyond Contract unit prices. In case of any alterations, so much of this Contract as is not affected by such alterations shall remain in force and be binding upon the parties hereto. All work involved in the alterations shall be made under the terms and as a part of this Contract, and the security for the performance of the Contract shall in no wise be invalidated, but shall be held to secure in like manner the performance of the work involved in the alterations made under the Contract. ARTICLE XVII – EXTRA WORK The Contractor shall do any work in addition to the obligations required under the Contract in original form of its Contract Documents and not herein otherwise provided for when and is ordered in writing by the Engineer. Such work shall be termed extra work. All orders for extra work shall contain particular reference to this Article XVII. Before any work is commenced under any extra work order, the order shall be approved by the Owner in writing and accepted in writing by the Contractor. It is understood that the Owner may, at its option, have other parties do work in connection with the work to be done under this Contract, which is not within the limits or is not an integral part of the work herein specified, in lieu of having such work done as extra work under this Contract. GC-24

All requirements of this Contract and its Documents shall be applicable to extra work unless otherwise stipulated in the extra work orders. The Contractor shall not receive any compensation for extra work, regardless of its nature, unless the rights to claim compensation for any work done except (A) that provided for payment as stated in the Proposal, (B) alterations of the work as provided for in Article XVI, and (C) that provided for as extra work ordered done as described in this Article XVII. All written orders for extra work issued by the Engineer shall be accompanied by drawings, if in the opinion of the Engineer drawings are necessary – all orders shall describe the work to be done, shall contain specifications of the work to be done, shall make provisions for revising the time is completion of all work to be done under this Contract or shall state no revision of time is necessary. The orders for extra work shall provide for the work to be done on the cost-plus basis, so that the Contractor will receive for full compensation for providing and doing everything required to prepare for and perform everything included in the extra work order the actual cost to him of the following items applicable to the extra work order – A. All labor directly on the Contractor’s payroll at specified rates –

B. Salaries of Contractor’s employees stationed at the field office, engaged at shops or on the road in expediting the production or transportation of material –

C. Fees for licenses and permits required particularly for the work involved and not

required for the work as planned in the original contract –

D. Minor expenses, such as telegrams, telephone service, expressage, and similar petty cash items –

E. Cost of hand tools not owned by the workmen consumed in the prosecution of the

work, as planned in the original contract –

F. Materials, supplies, equipment and transportation of such, required for the proper execution of the work. All materials purchased shall be billed at the same prices the Contractor is paying for materials and supplies for the work being done under the regular items of the Contract or at normal market prices. Any discounts, which can be taken in the purchase of material on the basis of payment provided in the contract, this is, within thirty days, will accrue to the Owner – any other discounts will accrue to the Contractor. The cost of equipment shall be determined from the latest compilation of rental rates as complied by associated equipment distributors by using the monthly rates prorated by the actual hours used, except for equipment, which must be rented specifically for the week involved. In the later case, hourly, daily, weekly or monthly rates will be used according to the length of time the equipment is needed. If equipment is required which is not listed in the above schedule, it shall be paid for at rates agreed to by the Engineer and the Contractor. The Engineer shall determine the amount, size, and type of all equipment to be used and the length of time required for the equipment to be on the work and all costs of equipment shall be computed accordingly –

GC-25

G. Cost not in F of moving equipment from and to the Contractor’s yard –

H. Loses and expenses not compensated by insurance, or otherwise sustained by the Contractor in connection with the work, provided they have resulted from causes other than the fault or neglect of the Contractor –

I. Costs of bonds – J. Cost of all insurance – To the cost of Items A to G, inclusive, there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent of the total of Items A to G, inclusive. The fee shall be compensation to cover the cost of general supervision, overhead, profit, and other general expenses. If the work is done by s Subcontractor, and the cost is determined on the actual cost basis, there shall be added an additional fixed fee to be agreed upon but not to exceed seven percent of the total of Items A to G, inclusive. The Contractor shall furnish to the Engineer an itemized statement of all costs incurred in extra work during the calendar month on or about the first of the next following month. Unless otherwise specifically provided for in the extra work orders, the compensation agreed to, whether unit prices, total cost of the cost-plus basis as described above, includes payment for any damage or expense caused the Contractor by any delays to other work to be done under the Contract resulting from or on account of extra work, and the Contractor waives all rights to compensation for such damage or expense except as may be provided for in the extra work orders. ARTICLE XVIII – DISPUTED WORK, DETERMINATION OR ORDER If the Contractor is of the opinion that any work ordered to be done as Contract work by the Engineer is in fact extra work and not Contract work, or that any determination or order of the Engineer violates the provisions of this Contract, he must promptly, and before proceeding with such work or complying with the determination or order, notify the Owner and Engineer in writing of his contentions with respect thereto and request a final determination thereon. If the Owner determines that the work is Contract work and not extra work, or that determination or order complained of is proper, it will direct the Engineer to order the contractor to proceed and the Contractor must promptly comply. However, in order to reserve the right to claim compensation for such work or damages resulting from such compliance, the Contractor must, within five days after receiving notice of the Owner’s determination, notify the Owner and Engineer in writing that the work is being performed or that the determination is being complied with under protest. If the Contractor fails to so appeal to the Owner and the Engineer, or having appealed, should the Contractor fail to notify the Owner and the Engineer in writing of his doing the work under protest, the contractor shall be deemed to have waived any claim for extra compensation or GC-26

damages. No oral appeals or oral protests shall be deemed even substantial compliance with the provisions of this Article XVIII. ARTICLE XIX – ARBITRATION If, upon appeal to the Owner and Engineer, the Contractor fails to agree with the determination made by the Owner, he shall notify the Owner and Engineer in writing, along with his protest, of his failure to agree and he shall demand arbitration. Such a dispute or any other controversy arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association. The Contractor shall not cause a delay because of the pendency of the Arbitration. The parties may agree in writing to have but one arbitrator – otherwise there shall be three. The three arbitrators shall be appointed by the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The expense of arbitration shall be borne equally by the Contractor and the Owner. ARTICLE XX – PAYMENTS The Owner shall pay and the Contractor shall receive as full compensation for providing and doing everything required to prepare for and perform everything called for this Contract, and as full compensation also for loss or damage arising out of the nature of the work under this Contract, or form the action of the elements, or from fire, or from any foreseen obstructions of difficulties which may be encountered in the prosecution of the said work – also for all risk of every description of said work – also for all expenses incurred by, or in consequence of, the suspension or discontinuance of said work as herein specified – and for well and faithfully completing said work in accordance with the Contract, including all work incidental thereto, the prices stated in the Schedule of Prices, or the prices revised, if such are revised as provided for in Article XVI, and also the cost of extra work authorized under Article XVII. The engineer shall, on or about the first of each month, issue a periodical estimate of approximate amount of all materials furnished and work done during the proceeding month, in accordance with the units of measurement and prices in the Schedule of Prices and for all change and extra work orders, including such portions of lump sums in the Schedule of Prices and also the value of materials furnished and delivered to the site of the work, as the engineer deems proper. The Contractor shall furnish to the Engineer satisfactory evidence that he has paid in full for all work, materials, equipment and labor included in each periodical estimate. The periodical estimate shall be in such form as the Engineer may adopt – but they shall be certified by the Engineer as to their conformity with the provisions f the Contract, and shall be certified by the Contractor to the effect that all items, units, quantities, and prices of work and material in the estimate are approximately correct – that all work has been performed and materials supplied in full accordance with the Contract, that all just and lawful bills against losses, or expense against the owner for compensation in addition to that provided for payment in GC-27

periodical estimates, except such claims as the Contractor has filed with the Engineer and Owner in writing previous to his certifying the estimate. No later than thirty (30) days after receipt of the periodical estimate, certified by the Engineer and Contractor as described herein, the Owner shall make payment to the Contractor for the total amount of work done and materials furnished and delivered, less than ten (10) percent of the total amount of the latest periodical estimate, which shall be retained by the Owner until ninety-five (95) days after the date of completion, also less amount previously paid the Contractor, and less any other sums which may be lawfully retained including liquidated damages. The Owner may retain temporarily or permanently, any time after fifty (50) percent of the work covered by this Contract has been completed, a smaller amount than ten (10) percent of the total amount of the latest periodical estimate, and the Owner may cause the Contractor to be paid from time to time during the progress of the work such portion of the reserve as it deems prudent or desirable. In case such payments are made, the Owner may at any time cause further payments to be withheld at any time if, in the judgment of the Engineer, the work is not proceeding in accordance with the Contract. The consent of the Surety Company shall not be required for any act or proceeding on the part of the Owner contemplated by this Article XX. The Contractor shall not be entitled to demand or receive payment of any portion of the aforesaid work or materials, except in the manner above set forth in this Article XX, until the Engineer shall have been satisfied that such work has been completed in all parts and requirements in accordance with the intent of the Contract, and the Engineer shall have issued a Certificate of Completion to that effect and shall have designated therein the date of completion. Not later than sixty-five (65) days after the date of completion, the Contractor and the Engineer shall issue and shall forthwith submit to the Owner a periodical estimate, designated “final estimate,” of all work done under the Contract in which the approximate quantities of work done, as included in the periodical estimates, will be adjusted to the exact final quantities. The final estimate shall be in such form as the Engineer may adopt – it shall be certified by the Engineer as to its conformity with all provisions of the contract, and shall be certified by the Contractor to the effect that all just and lawful bills against the Contractor for Labor, materials, and expendable equipment covered by the final estimate have been paid in full – that the total cost of the work and the mount due the Contractor for payment is full compensation for all work done under the terms of the Contract in its original form – that the payment is full compensation for all work ordered to be done under change and extra work orders – and that the losses, and expenses incurred by the Contractor for doing and furnishing everything relating to or arising out of the work, and that the Contractor waives all rights to claim or receive any further compensation in addition to that provided for in the final estimate. Not later than thirty (30 days after receipt of the final estimate, certified by the Engineer and Contractor, the Owner shall make payment to the Contractor for the total amount of work done as shown by the final estimate less (A) ten (10) percent of the said total amount, or less a smaller amount at the direction of the Owner, which shall be retained by the Owner for the guarantee period, Article XXII, (B) amounts previously paid by the Contractor in accordance with GC-28

periodical estimates, and less (C) any other sums may be retained lawfully. In the event any such Contractor has been substantially completed and the project has been opened to the public use by order of the Owner or its duly authorized representative or agent, but final acceptance of the work is subject to delay because of minor uncompleted items which do not impair the usefulness of the project, a Semi-Final Estimate may be prepared after such Contract has been substantially completed and placed in public use. Such semi-final estimate shall include an estimate of the value of all work performed in accordance with the terms of the Contract, including the amount of retained percentage withheld by the contracting authority from previous periodic payments, but excluding (A) the same deductions and retainage as in the case of final estimates, as provided hereinbefore, (B) an estimate of the value of all work remaining to be performed and (C) any items or claims for extra work, or parts thereof, that may be in dispute and payment for such excluded items or portions thereof may be deferred until such remaining work has been satisfactorily completed, or in the case of disputed items or claims until such time as agreement has been reached thereof or such claim has been adjudicated. If the Owner or its duly authorized or agent delays or fails to approve any final Article XX, interest on the amount due a Contractor or any such final or semi-final estimate may be computed and paid by the Owner at the rate of five (5) percent per annum, beginning sixty-six (66) days after the Contract has been satisfactorily completed, or the project has been substantially completed and open to public use, as the case may be, and running until the date such estimate has been and submitted to the Contractor for acceptance. The amount of such interest shall be included in the estimate when prepared. ARTICLE XXI – RELEASE ON FINAL PAYMENT The payment of the final amount due under this Contract, and payment for work done under he change and extra work orders as herein provided for, shall release the Owner and every agent or employee of the Owner and the agents and employees of any such agent from any or all claims or liabilities on account of work performed under the Contract or any alteration hereof. ARTICLE XXII – GUARANTEE The Contractor agrees to make good without cost to the owner any defects in the work or parts of the work furnished or built by him, and any damage due to faulty workmanship on his part or due to faulty or imperfect material or equipment furnished by him, which defects or damage may appear within one year from the date of completion of the work done under this Contract, which date of completion shall be as determined under provisions of Article XX hereof. The Contractor hereby agrees that the Owner may retain from the final payment due to the Contractor, an amount determined by the Owner to be suitable to ensure faithful performance of the Contractor’s obligations under said guarantee and payable at the end of the one-year guarantee period. The Contractor further hereby agrees that if he fails to promptly perform corrective work when notified during the guarantee period, the Owner may utilize such funds held to perform the required corrective work. GC-29

ARTICLE XXIII – MATERIAL SUBSTITUTION In some instances structures or work included in the Contract work have been designed to accommodate equipment of a specific manufacturer. Should use of another manufacturer’s equipment require redesign of structures, services, etc., the Contractor shall pay all expenses relating to said redesign, including review and approval. ARTICLE XXIV – PERMITS The work under this contract shall be performed in accordance with the requirements and conditions in the approved permit issued by the Rhode Island Department of Environmental Management (RIDEM). The approved permit is included in Section VIII. ARTICLE XXV – UNIT PRICES Where the unit prices established in the contract do not provide proper compensation for field conditions encountered, or where unit prices are not established in the contract, the Unit prices established by, and published by the Associated General Contractors of America, Rhode Island Chapter, are considered part of the contract and shall apply where appropriate. ARTICLE XXVI – AFFIDAVIT The Affidavit of General Contractor shall be completed and submitted as a condition of Final Payment on any Public Works project. GC-30

VI. AFFIDAVIT OF GENERAL CONTRACTOR

AFFIDAVIT OF GENERAL CONTRACTOR THAT ALL SUBCONTRACTORS, LABORERS AND SUPPLIERS

HAVE BEEN PAID: AND HOLD HARMLESS CLAUSE TO: The city of Cranston The undersigned hereby deposes, says and makes affidavit under oath that he/she is ___________________________________________ of ________________________________ And further certifies that as of even date herewith all monies previously disturbed pursuant to requisitions in connection with the Project known as ___________________________________ have been paid to or are being held for and shall be paid to the subcontractors, laborers, or suppliers: that there are no further amounts owing to same to the knowledge of the undersigned other than set forth in the current requisition, attached hereto; and that only materials, fixtures and equipment to which the undersigned HEREBY HOLDS HARMLESS THE CITY OF CRANSTON, AND ALL COMMITTEES, BOARDS, DEPARTMENTS AND AGENCIES THEREUNDER, AND AGREES TO INDEMNIFY SAME FOR ANY ACTION OR SUIT BROUGHT BY ANY SUBCONTRACTOR, LABORER, OR SUPPLIER FOR THE PAYMENT OF ANY SUMS DUE RELATIVE TO THE AFORESAID PROJECT. Said Hold harmless Clause and Indemnification shall cause the undersigned to shield the City of Cranston and all committees, boards, departments, and agencies from an and all attachments, chattel mortgages, and all liens, whatsoever, sought by subcontractors, laborers and/or suppliers for collection of monies all allegedly due said parties for work performed on the aforesaid Project.\ ________________________________________ State of Rhode Island County of __________________________________ On the _______ day of _______________________, 20 ____, before me personally appeared _________________________________, where, upon oath said party executed the foregoing Affidavit as their free act and deed. _________________________________________ NOTARY My commission expires: AFF.-1

VII. PREVAILING WAGE RIGL 37-13

DIVISION OF PROFESSIONAL REGULATIONS

CHAPTER 37 – 13

LABOR AND PAYMENT OF DEBTS BY CONTRACTORS 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. 37-13-2. “contractor” defined – Information required – The term “contractor” as used in this chapter shall mean the bidder whose bid has been accepted by an authorized agency or awarding authority as the bidder possessing the skills, ability, and integrity necessary to the faithful performance of the contract or work, and who shall certify that he or she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the contract or work. Essential information in regard to qualifications shall be employed on the contract or work. Essential information in regard to qualifications shall be submitted in such form to the awarding authority and the director of labor as the director of labor shall require. The authorized agency or awarding authority shall reserve the right to reject all bids, if it be in the public interest to do so. 37-13-3 – Contractors subject to provisions – Weekly payment of employees – All contractors, who have been awarded contracts for public works by an awarding agency or authority of the state or of any city, town, committee, or by any person or persons therein, in which state or municipal funds are used and of which the contract price shall be in excess of one thousand dollars ($1,000) whether payable at the time of the signing of the contract or at a later date, and their subcontractors, on such public works shall pay their employees at weekly intervals and shall comply with the provisions set forth in sections 37-13-4 – 37-13-14, inclusive and section 37-13-16. 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 called the “proper authority,” in the general location where the work is to be performed and which are not contrary to the provisions of sections 37-13-1 – 37-13-13-14, Contracts of the awarding authority or authorized agency, hereinafter called the “proper authority” in the general location where the work is to be performed and which are not contrary to the provisions of sections 37-13-1 – 37-13-14, inclusive, and section 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 of 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. PW-1

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 such 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 the sums of money due to the contractor or subcontractor, the equivalent amount of such sums certified by a trucker or material man 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 – Specification 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 the general prevailing rate f 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 and 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 workman needed to execute the contract for the publics works, and shall 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 the 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.

(B) 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 ($4,000), to which the State of Rhode island or any political subdivision thereof is 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 thereof, and which requires or involves the employment of employees, shall contain a provision stating the minimum wages to be paid various types of employees which shall be based upon the wages that will be determined by the Director of Labor to be prevailing for the corresponding types of employees on projects of a character similar to the contract work in the city, town, village, or other appropriate political subdivision of the State of Rhode Island in which the work to be performed; and every contract shall contain a stipulation that the contractor or his or her subcontractor shall pay all the employees employed directly upon the site of work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the call for bids, regardless of any contractual relationships which may be alleged to exist between the contractor or subcontractor and the employees, and

PW-2

that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of the accrued payments as may be considered necessary to pay the employees employed by the contractor, or any subcontractor on the work, the difference between the rates of wages required by the contract to be paid the employees on the work and the rates of wages received by the employees and not refunded to the contractor, subcontractors, or their agents.

(b) The terms “wages,” “scale of wages,” “wage rates,” “minimum wages,” and “prevailing wages” shall include:

(1) The basic hourly rate of pay; and (2) The amount of:

(C) The rate of contribution made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and

(D) The rate of costs to the contractor or subcontractor which may be reasonably

anticipated in providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor of subcontractor is not required by other federal, state, or local law to provide any of the benefits: provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Director of Labor insofar as this chapter of this title by reference are concerned may be discharged by the making of payments in cash, by the enforceable commitment to bear the costs of a plan or program of a type referred to in this and subdivision, or any combination thereof, where the aggregate of any payments, contributions, and costs is not less than the rate of pay described in subsection (b)(1) plus the amount referred to in subsection (b)(2).

(c) The term “employees,” as used in this section, shall include

employees of contractors or subcontractors performing jobs on various types of public works including mechanics, apprentices, teamsters, chauffeurs, and laborers engaged in the transportation of gravel or fill from the site of public works or the removal of gravel or fill from the site of public works or the transportation or removal of gravel or fill from one location to another on the site of public works, and the employment of the employees shall be subject to the provisions of subsections (a) and (b).

(E) Investigation and determination of prevailing wages – Filing of schedules. -- The PW-3

Director of Labor shall investigate and determine the prevailing wages and payments made to or on behalf of employees, as set forth in section 37-13-7, paid in the trade of occupation in the city, town, village, or other appropriate political subdivision of the state and keep a schedule on file in his or her office of the customary prevailing rate of wages and payments made to or on behalf of the employees which shall be open to public inspection. In making a determination, the Director of Labor may adopt and use such appropriate and applicable prevailing wage determinations as have been made by the Secretary of Labor of the United States of America in accordance with the David-Bacon Act, as amended [40 U.S.C. section 276a].

37-13-9 Statutory provisions included in contracts. - A copy of sections 37-13-5, 37-13-6, and 37-13-7 shall be inserted in all contracts for public works awarded by the state or any city or town, committee, an authorized agency or awarding authority thereof, or any person or persons in their behalf in which the state or municipal funds are used if the contract price be in excess of one thousand dollars ($1,000). 37-13-10 Overtime compensation. - Labor performed under the provisions of sections 37-13-1 - 37-13-16, inclusive, during the period of forty (40) hours in any one week and during the period of eight (8) hours in any one day, shall be considered a legal week’s work or a legal day’s work, as the case may be, and any number of hours of employment in any one week greater than the number of forty (40) hours or in any one day greater than the number of eight (8) hours shall be compensated at the prevailing rate of wages for overtime employment; provided, however, when the Director of Labor has determined in the investigation provided for in sections 37-13-7 and 37-13-8 that there is a prevailing practice in a city, town, or other appropriate political subdivision to pay an overtime rate of wages for work of any craft, mechanic, teamster, laborer, or type of worker needed to execute the work other than hours worked in any one week greater than the number of forty (40) or in hours worked in any one day greater than the number eight (8), then the prevailing practice shall determine the legal work day and the legal workweek in the city or town for the work and the prevailing rate of overtime wages shall be paid for such work in excess of that legal workday or week, as the case may be. 37-13-11 Posting of prevailing wage rates. -- Each contractor awarded a contract for public works with a contract price of excess of one thousand dollars ($1,000.00, and each subcontractor who performs work on such public works, shall post in conspicuous places on the project, where covered workers are employed, posters which contain the current, prevailing rate of wages and the current, prevailing rate of payments to the funds required to be paid for each craft or type of worker employed to execute the contract as set forth in sections 37-13-6 and 37-13-7. Posters shall be furnished to contractors and subcontractors by the Director of Labor, who shall determine the size and context thereof from time to time, at the time a contract is awarded. A contractor or subcontractor who fails to comply with the provisions of this section shall be deemed guilty of a misdemeanor and shall pay to the Director of Labor one hundred dollars ($100) for each calendar day of noncompliance as determined by him or her. Contracts set forth in this section shall not be awarded by the state, any city or town or any agency thereof until the Director of Labor has prepared and delivered the posters to the division of purchases, if the state or any agency thereof is the proper authority, or to the city or town or an agency thereof, if it is the proper authority, and the contractor to whom the contract is to be awarded. PW-4

37-13-12 Wage records of contractors. -- Each contractor awarded a contract with a contract price in excess of one thousand dollars ($1,000) for public works, and each subcontractor who performs work on such public works, shall keep an accurate record showing the name, occupation, and actual wages paid to each worker employed by him or her and the payments to all the employee funds specified in sections 37-13-6 and 37-13-7 by him or her in connection with the contract work. The director and his or her authorized representatives shall have the right to enter any place of employment at all reasonable hours for the purpose of inspecting the wage records and seeing that all provisions of this chapter are complied with. 37-13-12.1 Obstruction of enforcement. -- Any effort of any employer to obstruct the director and his or her authorized representatives in the performance of their duties shall be deemed a violation of this chapter and punishable as such. 37-13-12.2 Subpoena powers. The director and his or her authorized representatives shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before the director. 37-13-12.3 Compelling obedience to subpoenas. -- In case of failure of any person to comply with the subpoena lawfully issued, or subpoena duces fecum, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the superior court, or any judge thereof, on application by the director, to compel obedience by proceedings in the nature of those for contempt. 37-13-12.4 Penalty for violations -- Except as otherwise provided in this chapter, any employer who shall violate, or fail to comply with any of the provisions of this chapter shall be Guilty of misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($200.00) for each separate offense, or by imprisonment for not less than ten (10) nor more than ninety (90) days, or by both such fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in this chapter shall constitute a separate and distinct violation. 37-13-13 Furnishing payroll record to Director of Labor -- Each contractor awarded a contract with a contract price in excess of one thousand dollars ($1,000) for public works and each subcontractor who performs work on public works, shall furnish a certified copy of his or her payroll record of his or her employees employed upon the public works to the Director of Labor on a weekly basis, for the preceding week. The Director of Labor may promulgate reasonable rule and regulations to enforce the provisions of this section. A contractor of subcontractor who fails to comply with the provisions of this section shall be deemed guilty of a misdemeanor and shall pay to the Director of Labor one hundred dollars ($100) for each calendar day or noncompliance as determined by the Director of Labor. 37-13-13.1 Audits of wage records of out-of-state contractors and subcontractors. -- Out-of-state contractors or subcontractors who perform work on public works in this state authorize the Director of Labor to conduct wage and hour audits of their payroll records pursuant to the provisions of Chapter 14 of title 28. PW-5

(F) Contractor’s bond -- -- (a) The state or any city, town, agency, or committee therein awarding contracts for public works shall require the contractor awarded a contract with a contract price in excess of five thousand dollars ($5,000) for public works to file with the proper authority good and sufficient bond with surety furnished by any surety company Authorized to do business in the state, conditioned upon the faithful performance of the contract and upon the payment for labor performed and material furnished in connection therewith, such bond to contain the terms and conditions set forth in chapter 12 of this title, and to be subject to the provisions of that chapter.

(b) Provided, however that for good cause shown in state public works

contracts, the Director of the Department of Administration may waive the requirements of this section in regards to materials furnished only for contracts not in excess of fifty thousand dollars ($50,000).

37-13-14.1 Enforcement -- -- Hearings. -- -- (a) Before issuing an order or determination, the Director of Labor shall order a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a copy of such compliant or the purpose thereof, or a statement of the facts disclosed upon such investigation, which notice shall be served personally or by mail on any person, firm or corporation affected thereby ; such person, firm or corporation shall have an opportunity to be heard in respect to the matters complained of at the time and place specified in such notice, which time shall be not less than five (5) days from the service of the notice personally or by mail. Said hearing shall be held within ten (10) days from the order of hearing. The hearing shall be conducted by the Director of Labor or his or her designee. The hearing officer in such hearing shall be deemed to be acting in a judicial capacity, and shall have the right to issue subpoenas, administer oaths and examine witnesses. The enforcement of a subpoena issued under this section shall be regulated by Rhode Island civil practice law and rules. Such hearing shall be expeditiously conducted and upon such hearing the hearing officer shall determine the issues raised thereon and shall make a determination and enter an order within ten (10 days of the close of the hearing, and forthwith serve a copy of such order, with a notice of the failing thereof, upon the parties to such proceeding, personally or by mail. Such order shall dismiss the charges or direct payment of wages or supplements found to be due, including interest at the rate of twelve per centum (12%) per annum from the date of the underpayment to the date of payment, and may direct payment of reasonable attorney’s fees and costs to the complaining party.

(b) In addition to directing payment of wages or supplements including interest found to be due, such order shall also require payment of a further sum as a civil penalty in an amount equal to three times the total found to be due. Further, if the amount of salary owed to an employee pursuant to this chapter but not paid to said employee in violation of thereof exceeds five thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office of the attorney general, such misdemeanor shall be punishable for a period of not more than one (1) year in prison and/or fined not more than one thousand dollars ($1,000).

In assessing the amount of the penalty, due consideration shall be given to the size of the employers’ business, the good faith of the employer, the gravity of the PW-6

violation, the history of previous violations and the failure to comply with recordkeeping or other nonwage requirements. The surety of the person, firm or corporation found to be in violation of the provisions of this chapter shall be bound to pay any penalties assessed on such person, firm or corporation. The penalty shall be paid to the department of labor for deposit in the state treasury; provided however, it is hereby provided that the general treasurer shall purpose of depositing the penalties paid as provided herein. There is hereby appropriated to the annual budget of the department of labor the amount of the fund collected annually under this section, to be used at the direction of the director of labor for the sole purpose of enforcing prevailing wage rates as provided in chapter 13 of this title.

(c) For the purposes of this chapter, each day or part thereof of violation of any

provision of this chapter by a person, firm or corporation, whether such violation is continuous or intermittent, shall constitute a separate and succeeding violation.

(d) In addition to the above, any person, firm, or corporation found in willful

violation of any of the provisions of this chapter by the Director of Labor, an awarding authority, or the Hearing officer, shall be ineligible to bid on or be awarded work by an awarding authority or perform any such work for a period of no less than eighteen (18) months and no more than thirty-six (36) months from the date of the order entered by the hearing officer. Once a person, firm or corporation is found to be in violation of this chapter, all pending bids with any awarding authority shall be revoked, and any bid awarded by an awarding authority prior to the commencement of the work shall also be revoked.

(e) In addition to the above, any person, firm or corporation found to have committed

two 92) or more willful violations in any period of eighteen (18) months of any provisions of this chapter by the hearing officer, which violations are not arising form the same incident, shall be ineligible to bid on or be awarded work by an awarding authority or perform any such work for a period of sixty (60) months from the date of the second violation.

(f) The order of the hearing officer shall remain in full force and effect unless stayed

by order of the superior court.

(g) The Director of labor, awarding authority or hearing officer shall notify the bonding company of any person, firm or corporation suspected of violating any section of this chapter. Such notice shall be mailed certified mail, and shall enumerate the alleged violations being investigated.

(h) In addition to the above, any person, firm or corporation found to have willingly

made a false or fraudulent representation on certified payroll records shall be referred to the office of the attorney general. Such false or fraudulent representation shall be considered a misdemeanor, said misdemeanor shall be punishable for a period of not more than one (1) year in prison and/or fined one thousand dollars ($1,000). Further, any person, firm or corporation found to have

PW-7

willingly made a false or fraudulent representation on certified payroll records shall be required to pay a civil penalty to the department of labor in an amount no less than two thousand dollars ($2,000) and not greater than fifteen thousand dollars ($15,000) per representatives.

(G) Review – (a) There is hereby created an appeals board which shall be comprised

of three (3) members who shall be appointed by the governor; provided, however, that each member of the appeals board shall have at least five (5) years experience with prevailing wage rates as they apply to the construction industry. The members of such appeal board shall serve without compensation. The members of the appeals board shall be appointed for terms of three (3) years except that of the appointing authorities: one (1) shall be appointed of a term of one (1) year, one (1) shall appointed for a term of two (2) years and one (1) shall be appointed for a term of three (3) years.

(b) Any person aggrieved by any action taken by the Director of Labor or his,

or her designated hearing officer under the authority of this chapter, or by the failure or refusal of the Director of Labor to take any action authorized by this chapter, may obtain review thereof for the purpose of obtaining relief from the action or lack of action by filing a petition for administrative review shall be filed within twenty (20) days of the action taken by the Director of Labor or designated hearing officer. The petition for administrative review shall be heart within ten (1) days of the date of filing. An aggrieved person under this section shall include:

(1) Any person who is required to pay wages to his or her employees

or make payments to a fund on behalf of his or her employees, as provided in this chapter.

(2) Any person who is required to be paid wages for his or her labor or

on whose behalf payments are required to be paid funds, as provided by this chapter;

(3) The lawful collective bargaining representative of a person defined

in subdivision (2) above;

(4) A trade association of which a person defined in subdivision (1) above is a member;

(5) A proper authority as defined in this chapter;

(6) A contractor who submitted a bid for work to be or which has been awarded under the provisions of this chapter or a trade association of which he or she is a member, and

(7) A labor organization which ahs one or more written collective

bargaining agreements with one or more employers or a trade PW-8

association which sets forth hours, wages, and working conditions of a craft, mechanic, teamster, or type of worker needed to execute the work, as provided in this chapter to the extent that it would be affected by the action or the failure to act on the Director of Labor or the hearing officer.

(c) Any aggrieved person as defined herein may obtain a review of a decision of the appeals board by filing a petition in the superior court in Providence county pursuant to the provisions of the administrative procedures act, praying for review and relief and the petition shall follow the course of and be subject to the procedures for causes filed in the court.

(d) The director is hereby empowered to enforce his or her decision and/or the

decision of the appeals board in the superior court for the county of Providence.

37-13-16 -- -- Termination of work on failure to pay agreed wages -- -- Completion of work – Every contract within the scope of this chapter shall contain the further provision that in that it is found by the Director of labor that any employee employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the awarding party may, by written notice to the contractor or subcontractor, terminate his or her right as the case may be, to proceed with the work, or such part of the work as to which there has been a failure to pay the required wages, and shall prosecute the work to completion by contract or otherwise, and the contractor and his or her sureties shall be liable to the awarding party for any excess costs occasioned the awarding authority thereby. General Decision Number: RI170001 06/02/2017 RI1 Superseded General Decision Number: RI20160001 State: Rhode Island Construction Types: Building, Heavy (Heavy and Marine) and Highway Counties: Rhode Island Statewide. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) HEAVY, HIGHWAY AND MARINE CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional PW-9

information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/13/2017 2 01/27/2017 3 02/03/2017 4 02/17/2017 5 03/03/2017 6 03/10/2017 7 03/17/2017 8 04/07/2017 9 04/21/2017 10 05/05/2017 11 05/12/2017 12 06/02/2017 ASBE0006-006 06/01/2015 Rates Fringes HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)..............$ 31.63 18.30 ---------------------------------------------------------------- ASBE0006-008 09/01/2015 Rates Fringes Asbestos Worker/Insulator Includes application of all insulating materials, protective coverings, coatings & finishes to all types of mechanical systems.$ 39.43 25.65 ---------------------------------------------------------------- BOIL0029-001 01/01/2017 Rates Fringes BOILERMAKER......................$ 42.42 24.92 ---------------------------------------------------------------- BRRI0003-001 12/01/2016 Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner.......$ 37.38 25.30 ---------------------------------------------------------------- BRRI0003-002 03/01/2017 Rates Fringes Marble Setter, Terrazzo Worker & Tile Setter.............$ 37.16 26.37 ---------------------------------------------------------------- BRRI0003-003 03/01/2017 PW-10

Rates Fringes Marble, Tile & Terrazzo Finisher.........................$ 31.32 25.15 ---------------------------------------------------------------- CARP0094-001 01/01/2017 Rates Fringes CARPENTER (Includes Soft Floor Layer).....................$ 34.91 26.65 Diver Tender.....................$ 35.91 26.65 DIVER............................$ 46.71 26.65 Piledriver.......................$ 34.91 26.65 WELDER...........................$ 35.91 26.65 FOOTNOTES: When not diving or tending the diver, the diver and diver tender shall receive the piledriver rate. Diver tenders shall receive $1.00 per hour above the pile driver rate when tending the diver. Work on free-standing stacks, concrete silos & public utility electrical power houses, which are over 35 ft. in height when constructed: $.50 per hour additional. Work on exterior concrete shear wall gang forms, 45 ft. or more above ground elevation or on setback: $.50 per hour additional. The designated piledriver, known as the "monkey": $1.00 per hour additional. ---------------------------------------------------------------- CARP1121-002 04/01/2017 Rates Fringes MILLWRIGHT.......................$ 35.97 27.50 ---------------------------------------------------------------- * ELEC0099-002 06/01/2017 Rates Fringes ELECTRICIAN......................$ 36.83 58.39% Teledata System Installer........$ 28.56 13.1%+13.76 FOOTNOTES: Work of a hazardous nature, or where the work height is 30 ft. or more from the floor, except when working OSHA-approved lifts: 20% per hour additional. Work in tunnels below ground level in combined sewer outfall: 20% per hour additional. ---------------------------------------------------------------- ELEV0039-001 01/01/2017 Rates Fringes ELEVATOR MECHANIC................$ 48.45 31.585+A+B FOOTNOTES: PW-11

A. PAID HOLIDAYS: New Year’s Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. B. Employer contributes 8% basic hourly rate for 5 years or more of service of 6% basic hourly rate for 6 months to 5 years of service as vacation pay credit. ---------------------------------------------------------------- ENGI0057-001 12/04/2016 Rates Fringes Operating Engineer: (power plants, sewer treatment plants, pumping stations, tunnels, caissons, piers, docks, bridges, wind turbines, subterranean & other marine and heavy construction work) GROUP 1.....................$ 36.65 24.85+a GROUP 2.....................$ 32.27 24.85+a GROUP 3.....................$ 29.42 24.85+a GROUP 4.....................$ 35.70 24.85+a GROUP 5.....................$ 26.50 24.85+a GROUP 6.....................$ 20.50 24.85+a GROUP 7.....................$ 32.35 24.85+a GROUP 8.....................$ 36.27 24.85+a a. BOOM LENGTHS, INCLUDING JIBS: 150 feet and over + $ 2.00 180 feet and over + $ 3.00 210 feet and over + $ 4.00 240 feet and over + $ 5.00 270 feet and over + $ 7.00 300 feet and over + $ 8.00 350 feet and over + $ 9.00 400 feet and over + $10.00 a. PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, July Fourth, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day. a: Any employee who works 3 days in the week in which a holiday falls shall be paid for the holiday. a. FOOTNOTES: Hazmat work: $2.00 per hour additional. Tunnel/Shaft work: $5.00 per hour additional. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Digging machine, Ross Carrier, crane, lighter, locomotive, derrick, hoist, elevator, bidwell-type machine, shot & water blasting machine, paver, spreader, graders, front end loader (3 yds. and over), vibratory hammer & vacuum truck, roadheaders, forklifts, economobile type equipment, tunnel boring machines, concrete pump and on site concrete plants. GROUP 2: Oilers on cranes. PW-12

GROUP 3: Oiler on crawler backhoe. GROUP 4: Bulldozer, bobcats, skid steer loader, tractor, scraper, combination loader backhoe, roller, front end loader (less than 3 yds.), street and mobile-powered sweeper (3-yd. capacity), 8-ft. sweeper minimum 65 HP). GROUP 5: Well-point installation crew. GROUP 6: Utility Engineers and Signal Persons GROUP 7: Heater, concrete mixer, stone crusher, welding machine, generator and light plant, gas and electric driven pump and air compressor. GROUP 8: Boat & tug operator. ---------------------------------------------------------------- ENGI0057-002 05/01/2017 Rates Fringes Power Equipment Operator (highway construction projects; water and sewerline projects which are incidental to highway construction projects; and bridge projects that do not span water) GROUP 1....................$ 32.30 25.10+a GROUP 2....................$ 27.00 25.10+a GROUP 3....................$ 21.00 25.10+a GROUP 4....................$ 27.58 25.10+a GROUP 5....................$ 31.28 25.10+a GROUP 6....................$ 30.90 25.10+a GROUP 7....................$ 26.55 25.10+a GROUP 8....................$ 27.93 25.10+a GROUP 9....................$ 29.88 25.10+a a. FOOTNOTE: a. Any employee who works three days in the week in which a holiday falls shall be paid for the holiday. a. PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, July Fourth, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day & Christmas Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Digging machine, crane, piledriver, lighter, locomotive, derrick, hoist, boom truck, John Henry's, directional drilling machine, cold planer, reclaimer, paver, spreader, grader, front end loader (3 yds. and over), vacuum truck, test boring machine operator, veemere saw, water blaster, hydro-demolition robot, forklift, economobile, Ross Carrier, concrete pump operator and boats GROUP 2: Well point installation crew GROUP 3: Utlity engineers and signal persons GROUP 4: Oiler on cranes GROUP 5: Combination loader backhoe, front end loader (less than 3 yds.), forklift, bulldozers & scrapers and boats PW-13

GROUP 6: Roller, skid steer loaders, street sweeper GROUP 7: Gas and electric drive heater, concrete mixer, light plant, welding machine, pump & compressor GROUP 8: Stone crusher GROUP 9: Mechanic & welder ---------------------------------------------------------------- ENGI0057-003 12/04/2016 BUILDING CONSTRUCTION Rates Fringes Power Equipment Operator GROUP 1....................$ 35.92 24.85+a GROUP 2....................$ 35.70 24.85+a GROUP 3....................$ 31.70 24.85+a GROUP 4....................$ 28.85 24.85+a GROUP 5....................$ 35.00 24.85+a GROUP 6....................$ 34.57 24.85+a GROUP 7....................$ 31.89 24.85+a a.BOOM LENTHS, INCLUDING JIBS: 150 ft. and over: + $ 2.00 180 ft. and over: + $ 3.00 210 ft. and over: + $ 4.00 240 ft. and over: + $ 5.00 270 ft. and over: + $ 7.00 300 ft. and over: + $ 8.00 350 ft. and over: + $ 9.00 400 ft. and over: + $10.00 a. PAID HOLIDAYS: New Year's Day, President's Day, Memorial Day, July Fourth, Victory Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day & Christmas Day. a: Any employee who works 3 days in the week in which a holiday falls shall be paid for the holiday. a. FOOTNOTE: Hazmat work: $2.00 per hour additional. Tunnel/Shaft work: $5.00 per hour additional. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Digging machine, Ross carrier, crane, boomtrucks, lighter, locomotive, derrick, hoist, elevator, bidwell-type machine, shot & water blasting machine, paver, spreader, front end loader (3 yds. and over), vibratory hammer and vacuum truck GROUP 2: Telehandler equipment, forklift, concrete pump & on-site concrete plant GROUP 3: Fireman & oiler GROUP 4: Oiler on crawler backhoe GROUP 5: Bulldozer, skid steer loaders, bobcats, tractor, grader, scraper, combination loader backhoe, roller, front end loader (less than 3 yds.), street and mobile powered PW-14

sweeper (3 yds. capacity), 8-ft. sweeper (minimum 65 hp) GROUP 6: Well point installation crew GROUP 7: Heater, concrete mixer, stone crusher, welding machine, generator for light plant, gas and electric driven pump & air compressor ---------------------------------------------------------------- IRON0037-001 03/16/2017 Rates Fringes IRONWORKER.......................$ 34.89 26.02 ---------------------------------------------------------------- LABO0271-001 06/05/2016 BUILDING CONSTRUCTION Rates Fringes LABORER GROUP 1.....................$ 29.20 23.80 GROUP 2.....................$ 29.45 23.80 GROUP 3.....................$ 29.95 23.80 GROUP 4.....................$ 30.20 23.80 GROUP 5.....................$ 31.20 23.80 LABORERS CLASSIFICATIONS GROUP 1: Laborer, Carpenter Tender, Mason Tender, Cement Finisher Tender, Scaffold Erector, Wrecking Laborer, Asbestos Removal [Non-Mechanical Systems] GROUP 2: Asphalt Raker, Adzemen, Pipe Trench Bracer, Demolition Burner, Chain Saw Operator, Fence & Guard Rail Erector, Setter of Metal Forms for Roadways, Mortar Mixer, Pipelayer, Riprap & Dry Stonewall Builder, Highway Stone Spreader, Pneumatic Tool Operator, Wagon Drill Operator, Tree Trimmer, Barco-Type Jumping Tamper, Mechanical Grinder Operator GROUP 3: Pre-Cast Floor & Roof Plank Erectors GROUP 4: Air Track Operator, Hydraulic & Similar Self-Powered Drill, Block Paver, Rammer, Curb Setter, Powderman & Blaster GROUP 5: Toxic Waste Remover ---------------------------------------------------------------- LABO0271-002 06/05/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes LABORER COMPRESSED AIR Group 1....................$ 46.63 21.80 Group 2....................$ 36.15 21.80 Group 3....................$ 48.63 21.80 FREE AIR Group 1....................$ 38.70 21.80 Group 2....................$ 36.15 21.80 Group 3....................$ 40.70 21.80 PW-15

LABORER Group 1....................$ 29.20 21.80 Group 2....................$ 29.45 21.80 Group 3....................$ 30.20 21.80 Group 4....................$ 22.70 21.80 Group 5....................$ 31.20 21.80 OPEN AIR CAISSON, UNDERPINNING WORK AND BORING CREW Bottom Man.................$ 35.20 21.80 Top Man & Laborer..........$ 34.25 21.80 TEST BORING Driller....................$ 35.65 21.80 Laborer....................$ 34.25 21.80 LABORER CLASSIFICATIONS GROUP 1: Laborer; Carpenter tender; Cement finisher tender; Wrecking laborer; Asbestos removers [non-mechanical systems]; Plant laborer; Driller in quarries GROUP 2: Adzeperson; Asphalt raker; Barcotype jumping tamper; Chain saw operators; Concrete and power buggy operator; Concrete saw operator; Demolition burner; Fence and guard rail erector; Highway stone spreader; Laser beam operator; Mechanical grinder operator; Mason tender; Mortar mixer; Pneumatic tool operator; Riprap and dry stonewall builder; Scaffold erector; Setter of metal forms for roadways; Wagon drill operator; Wood chipper operator; Pipelayer; Pipe trench bracer GROUP 3: Air track drill operator; Hydraulic and similar powered drills; Brick paver; Block paver; Rammer and curb setter; Powderperson and blaster GROUP 4: Flagger & signaler GROUP 5: Toxic waste remover LABORER - COMPRESSED AIR CLASSIFICATIONS GROUP 1: Mucking machine operator, tunnel laborer, brake person, track person, miner, grout person, lock tender, gauge tender, miner: motor person & all others in compressed air GROUP 2: Change house attendant, powder watchperson, top person on iron GROUP 3: Hazardous waste work within the "HOT" zone LABORER - FREE AIR CLASSIFICATIONS GROUP 1: Grout person - pumps, brake person, track person, form mover & stripper (wood & steel), shaft laborer, laborer topside, outside motorperson, miner, conveyor operator, miner welder, heading motorperson, erecting operator, mucking machine operator, nozzle person, rodperson, safety miner, shaft & tunnel, steel & rodperson, mole nipper, concrete worker, form erector (wood, steel and all accessories), cement finisher (this type of work only), top signal person, bottom person (when heading is 50' from shaft), burner, shield operator and TBM operator PW-16

GROUP 2: Change house attendant, powder watchperson GROUP 3: Hazardous waste work within the "HOT" zone ---------------------------------------------------------------- PAIN0011-005 06/01/2016 Rates Fringes PAINTER Brush, Roller, Taper, Wall Coverer.....................$ 32.02 20.15 Epoxy, Tanks, Towers, Swing Stage & Structural Steel.......................$ 34.02 20.15 Spray, Sand & Water Blasting....................$ 35.02 20.15 ---------------------------------------------------------------- PAIN0011-006 06/01/2016 Rates Fringes GLAZIER..........................$ 35.58 20.15 FOOTNOTES: SWING STAGE: $1.00 per hour additional. PAID HOLIDAYS: Labor Day & Christmas Day. ---------------------------------------------------------------- PAIN0011-011 06/01/2016 Rates Fringes Painter (Bridge Work)...........$ 46.95 20.15 ---------------------------------------------------------------- PAIN0035-008 06/01/2011 Rates Fringes Sign Painter.....................$ 24.79 13.72 ---------------------------------------------------------------- PLAS0040-001 12/01/2016 BUILDING CONSTRUCTION Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 32.95 26.70 FOOTNOTE: Cement Mason: Work on free swinging scaffolds under 3 planks width and which is 20 or more feet above ground and any offset structure: $.30 per hour additional. ---------------------------------------------------------------- PLAS0040-002 07/24/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 29.65 21.45 ---------------------------------------------------------------- PLAS0040-003 07/11/2016 PW-17

Rates Fringes PLASTERER........................$ 33.25 26.20 ---------------------------------------------------------------- PLUM0051-002 05/01/2017 Rates Fringes Plumbers and Pipefitters.........$ 39.38 28.20 ---------------------------------------------------------------- ROOF0033-004 12/01/2016 Rates Fringes ROOFER...........................$ 34.85 22.52 ---------------------------------------------------------------- SFRI0669-001 04/01/2017 Rates Fringes SPRINKLER FITTER.................$ 43.92 21.49 ---------------------------------------------------------------- SHEE0017-002 12/01/2016 Rates Fringes Sheet Metal Worker...............$ 35.20 32.81 ---------------------------------------------------------------- TEAM0251-001 08/01/2016 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes TRUCK DRIVER GROUP 1....................$ 26.71 22.6925+A+B+C GROUP 2....................$ 26.86 22.6925+A+B+C GROUP 3....................$ 26.91 22.6925+A+B+C GROUP 4....................$ 26.96 22.6925+A+B+C GROUP 5....................$ 27.06 22.6925+A+B+C GROUP 6....................$ 27.46 22.6925+A+B+C GROUP 7....................$ 27.66 22.6925+A+B+C GROUP 8....................$ 27.16 22.6925+A+B+C GROUP 9....................$ 27.41 22.6925+A+B+C GROUP 10....................$ 27.21 22.6925+A+B+C FOOTNOTES: A. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, plus Presidents' Day, Columbus Day, Veteran's Day & V-J Day, providing the employee has worked at least one day in the calendar week in which the holiday falls. B. Employee who has been on the payroll for 1 year or more but less than 5 years and has worked 150 Days during the last year of employment shall receive 1 week's paid vacation; 5 to 10 years - 2 weeks' paid vacation; 10 or more years - 3 week's paid vacation. C. Employees on the seniority list shall be paid a one hundred dollar ($100.00) bonus for every four hundred (400) hours worked, up to a maximum of five hundred dollars ($500.00) PW-18

All drivers working on a defined hazard material job site shall be paid a premium of $2.00 per hour over applicable rate. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Pick-up trucks, station wagons, & panel trucks GROUP 2: Two-axle on low beds GROUP 3: Two-axle dump truck GROUP 4: Three-axle dump truck GROUP 5: Four- and five-axle equipment GROUP 6: Low-bed or boom trailer. GROUP 7: Trailers when used on a double hook up (pulling 2 trailers) GROUP 8: Special earth-moving equipment, under 35 tons GROUP 9: Special earth-moving equipment, 35 tons or over GROUP 10: Tractor trailer ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage PW-19

determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. PW-20

---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION PW-21

VIII. RIDEM PERMIT

REPLACEMENT OF MAIN STREET BRIDGE OVER CLARKE BROOK CRANSTON, RI RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (RIDEM) Attached to this section is a copy of the Insignificant Alteration Permit from RIDEM for Application No. 10-0195. This permit provides the Terms and Conditions for this Application which must be met by the contractor. The Contractor is required to follow these terms and conditions as well as the requirements specified on the Plans included in these Contract Documents. All work required to satisfactorily meet the requirements of this permit and the plans shall be paid for under the appropriate items included in the Contract. Any and all other work required to meet these requirements for which there is no pay item, such work shall be considered incidental to the items provided in the Contract.

IX. NATIONAL GRID REQUIREMENTS

REPLACEMENT OF MAIN STREET BRIDGE OVER CLARKE BROOK CRANSTON RI UTILITY OWNER: NATIONAL GRID Notice to Contractor Existing Gas Main: The City’s Contractor is hereby alerted of the presence of an existing 8 inch diameter gas main which is under the northbound traffic lane of Main Street over Clarke Brook. This gas main is to remain active throughout the duration of construction until it can be relocated to the new alignment under the new bridge as shown in the contract plans. The Contractor is required to temporarily support the existing gas main during the construction of the new bridge in accordance with guidelines included in this document. Attached to this section are National Grid’s Guidelines for the Temporary Support of Gas Pipes and Support Requirements for Exposed & Undermined Gas Facilities. The existing gas pipe at the Main Street Bridge is a critical one way feed line and cannot be shut off. The contractor is required to follow these specifications as well as the requirements of Technical Specification – Item Code 824-9910 – “Temporary Support of Gas Pipe” provided in these Contract Documents. All work required to satisfactorily meet the requirements of these specifications shall be paid for under Item Code 824-9910. National Grid’s Contractor will relocate the gas main along the new alignment under the new bridge. The installation of the new gas main will be performed by National Grid’s Contractor. The City’s Contractor will need to allow three (3) weeks in the schedule for the required gas main relocation work. National Grid’s Supervisor will require one (1) month notification to schedule their contractor to perform the gas main installation work. National Grid Contacts:

James M. Paulette , Principal Engineer, cell no. 401-465-8580 Michael Saad , Construction Supervisor, cell no. 401-374-9365

The existing gas main is a one way feed therefore it is necessary to first construct a portion of the new bridge to install the new gas main along its new alignment. The existing gas will remain active throughout this phase. The new gas main will be tied in and activated after which the existing gas main will be abandoned in place by National Grid. The City’s Contractor will be responsible to install diaphragms with pre-drilled holes so that National Grid’s Contractor can attach the gas main double roller supports to support the new gas main. The City’s Contractor will be responsible to provide access to National Grid’s Contractor to for installation of the roller supports and to install the new gas main within the stringer bay. The abandoned gas main will be wipe tested and sampled for PCB contamination by National Grid. This test will determine removal requirements of the existing gas main. The existing gas main will be removed by the City’s Contractor based on the test requirements and as directed by National Grid. NG-1

National Grid’s Policy is as stated below:

Due to system reliability and safety concerns, it is National Grid’s practice to restrict all construction on or near gas facilities between November 15th and April 15th. All scheduled work should be completed between after April 15th in the following year or prior to November 15th. In the previous year. As gas usage peaks during the months of December to March driven by heating needs, National Grid’s priority is to provide their customers with safe and reliable service. Any work on or near the gas facility will expose their customers to unnecessary risk. Exceptions will be considered on a case by case basis. Approvals from Gas Control, Operational Engineering and Project Engineering will be required for these cases.

National Grid will purge the old gas main of gas, wipe test sample the inside of the pipe, cap the ends and abandon in place. Pipe four inches and less in diameter can’t be sampled; this pipe will be assumed to be contaminated. If the wipe test results show PCB contamination and a section or sections need to be removed by the City’s Contractor then there are two possibilities:

1) If the quantity to be removed is small the contractor could transport the removed sections with sealed ends to either our Allens Ave facility at 642 Allens Ave in Providence or to Dexter St facility at 477 Dexter St in Providence and place them in National Grid provided red open top “pipe to be cleaned” container on site. National Grid would then handle the cleaning and proper disposal.

OR

2) The City’s Contractor may hire Clean Harbors to deliver an open top container to the site, place the removed section into the dumpster and then arrange to have Clean Harbors pick up the container. The charges associated with delivery, onsite rental and pick up of the dumpster would be the City’s Contractor’s responsibility. National Grid’s responsibility will be for the cleaning and proper disposal. National Grid also requires that the open pipe ends of the abandoned pipe remaining in the ground be sealed or capped.

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GUIDELINES FOR SUPPORT OF GAS PIPES TEMPORARY SUPPORT OF GAS PIPES

DESCRIPTION

This work shall consist of temporarily supporting gas pipes, during construction work and related activities. Any gas pipe that is exposed shall follow this specification stipulating pipe support criteria. Whether gas pipe is located directly in the excavation trench box or if it is located in the excavated adjacent slopes (Angle of Repose) all gas pipe must be supported.

When gas pipe is undermined for 5 feet or more at any given time, Nation Grid must be notified and a decision will be made aware on what type of support system will be utilized. Nation Grid reserves the right to insist that a Rhode Island Registered Professional Engineer submit plans, if the gas pipe being supported exceeds an unsupported span length of 12 feet, is located in cohesive soils (wet, silty soils), or feels that the structural integrity of the gas distribution system may be compromised.

All cast iron gas pipes will be replaced and not be temporarily supported, unless determined differently by national Grid. This criterion is in accordance with 220 CMR 113.00

The following criteria should be used as guidelines when undermining existing steel or plastic gas pipes:

STEEL GAS PIPE

If pipe is undermined for a distance between 5 and 10 feet, the support system should consist, as a minimum, of adequately sized steel I-beams, steel plate girders, or 6” x 6” wood beams (Hem-Fir) with a sling supporting the pipe mid-span. For distances greater than 10 feet, these temporary support beams will have slings supporting the pipe every 10 to 12 along the length of the undermined pipe. Furthermore, when a mechanical coupling or fitting is encountered at any span length, the slings must be placed on either side of the fitting to avoid buckling.

PLASTIC GAS PIPE

If pipe is undermined for a distance between 5 and 10 feet, the support system should consist, as a minimum, of adequately sized steel I-beams, steel plate girders, or 4” x 4” wood beams (Hem-Fir) with a sling supporting the pipe mid-span. For distances greater 10 feet, these temporary support beams will have slings supporting pipe every 10 to 12 feet along the length of the undermined pipe. Furthermore, when a mechanical coupling or fitting is encountered, the slings must be placed on either side of the fitting to avoid buckling.

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X. TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS Item Code Description Page 100 Supplemental Standards and Specifications TS-1 110 General Conditions TS-2

SECTION 100

SUPPLEMENTAL STANDARDS AND SPECIFICATIONS In addition to the technical specifications, the technical aspects of proposed construction shall be in accordance with the following documents:

1. The Rhode island Department of Transportation Standard Specifications for road and bridge construction, 2004 Edition, with latest revisions, exclusive of Sections 102, 103, 104, 105, 106, 107, 108 and 109.

2. The Rhode Island Department of Transportation Standard Details, with latest

revisions.

3. The Rhode Island Department of Transportation Bridge Design Standard Details, latest revisions.

4. The Rhode Island Soil Erosion and Sediment Control Handbook, 1989 prepared

by the US Department of Agriculture, Soil Conservation Service. Any reference to the “Department” shall be replaced with the term “Owner.” TS-1

CITY OF CRANSTON

TECHNICAL SPECIFICATIONS

SECTION 110 GENERAL CONDITIONS

110.1 Dust control may be of concern during the construction operations under this contract. The Contractor shall control dust by use of water. The Contractor shall have sole responsibility to monitor conditions which would warrant the use of dust control measures, however, when directed by the City, the Contractor shall take immediate steps to control dust at his expense.

110.2 The quantities of work listed in the proposal are estimated only and are provided

for the purposes of comparison bids. The City does not agree or warrant that the actual amount of work performed under any item will correspond, even approximately with the Estimated Quantities contained in the Bid Proposal.

110.3 Final payment shall be based on actual quantities as measured by the Owner and

paid at the prevailing unit price as stated in the Bid Proposal.

110.4 There will be no price adjustments made for Liquid Asphalt, Diesel Fuel, Steel or Concrete for this project

110.5 In accordance with prevailing City Ordinances, no work can be performed, nor

can machinery be started prior to 7:00 am.

110.6 All asphalt and ready-mix concrete supplied for this contract shall only be plants that meet the approval of the Rhode Island Department of Transportation. Upon request by the City, the contractor shall supply written evidence that the plant(s) meet the RIDOT requirements.

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XI. PROPOSAL

PROPOSAL To the City of Cranston, Rhode Island, acting by its Board of Contract and Purchase, hereinafter called Owner - A. The undersigned proposed to furnish all labor and materials required for the Replacement

of the main Street Bridge in Cranston, Rhode Island, in accordance with the accompanying Drawings.

The undersigned, hereinafter referred to as singular and masculine, declares – that the only persons interested in this proposal as principals and named herein as such – that no official or the Owner and no person acting for or employed by the Owner, is interested directly or indirectly in this Proposal, or in any Contract which may be made under it, or in any expected profits to arise there from – that this Proposal is made in good faith, without fraud, collusion or connection with any other documents bound herewith, and the Drawings relating to the Contract covered by this Proposal and hereby makes them part of this Proposal – that he has informed himself fully in regards to all conditions pertaining to the work and place where it is to be done – and that he has made his own examination and estimates of cost and from them makes this Proposal. The undersigned proposes and agrees that, if with sixty (60) days after the date names in the Instructions to Bidders as that for submitting his Proposal to the Owner, notice that this Proposal has been accepted by the Owner shall be mailed to him at the business address given herein, he will, on some one of the five (5) days, Saturdays, Sundays, and legal holidays excluded, immediately following receipt of such notice of acceptance of this Proposal, appear at the office of the Purchasing Agent and deliver to him Performance and Material Payment Bonds and Insurance Certificates as required by these Specifications. The undersigned agrees that the Bid Security which, as called for in the Instructions to Bidders, accompanies this Proposal shall become the property of the Owner as compensation for damage suffered by said Owner should the undersigned fail to execute the said Contact and Bonds if notified, as specified above, that this Proposal has been accepted. But if this Proposal is not accepted by the Owner, as specified above, within sixty (60) days of the date set for the submission of the Proposal, or if notice of acceptance is received by the undersigned and he complies with the requirements as to execution of the contract and Bonds, then the Bid Security referred to will be returned to him.

The undersigned understands that it is the intention of the Owner not to award a contact for this work under this or any other proposal, if the bidder cannot furnish satisfactory evidence that he has the ability and experience to perform this class of work and that he has sufficient capital and equipment to enable him to prosecute the work successfully and to complete it within the time named in the Contract, and that the Owner reserves the P-1

right to reject this or any other Proposal or to award the Contract as is deemed to be to the best interest of the Owner.

B. Bid Proposal Page Prices

The undersigned understands further that the quantities given in the Bid Proposal Pages in this Proposal are approximate only and are given as a basis for the comparison of the Proposal – that the Owner does not agree, expressly or by implication, that the actual amount of work will correspond even approximately therewith but reserves the right to increase or decrease the amount of any item of the work listed as may be found desirable or necessary during the carrying out of the construction work – and that the Unit Prices quoted in the Bid Proposal Pages shall apply without change to such variation in the quantity of each or all items. Bidder agrees to perform all the construction work described in the specifications and shown on the plans, for the Unit Prices given in the Bid Proposal. The following unit prices shall include all labor, materials, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.

C. The Bidder agrees to submit any and all qualification data pertaining to its financial

standing, work of a similar nature, equipment owned by the contractor, business and financial references, officers and stockholders of the corporation, etc.

The undersigned further agrees that he will, upon request, furnish in confidence such information as will enable the Owner to judge of the financial responsibility of his proposed sub-contractors.

D. This Bid includes addendum numbered: ______________________________________

Bidder understands that the Owner reserves the right to reject any of all bids and to waive any informalities in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids.

Respectfully submitted: _____________________________________ ____________________________________ Company Name Signature and Title _____________________________________ ____________________________________ Mailing Address Street & No. Typed Name and Title _____________________________________ ____________________________________ City, State, Zip Code Telephone Date P-2

(ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION) STATE OF _________________________________________ COUNTY OF _______________________________________ SS- ON THIS _____________ DAY OF ______________________________, 20______ Before me personally came and appeared ____________________________________________ to me known, who be me being duly sworn, did depose and say that he resides at _____________ ______________________________________________________________________________ That he is the _________________________ of _______________________________________ The corporation described in and which executed the foregoing instrument – that he knows the seal of said corporation – that one of the impressions affixed to said instrument is an impression of such seal – that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. (SEAL) ________________________________________________ NOTARY PUBLIC

(ACKNOWLEDGEMENT OF A PRINCIPAL, IF A PARTNERSHIP) STATE OF _____________________________________) COUNTY OF ___________________________________) ON THIS _____ DAY OF ___________________, 20___) Before me personally came and appeared ____________________________________________ To me known and know to me to be one of the members of the firm of ______________________________________________________________________________ Described in and who executed the foregoing instrument and he acknowledged to me that he executed the same as for the act and for the act and deed of said firm. P-3

(SEAL) ________________________________________________ NOTARY PUBLIC

(ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL) STATE OF _____________________________________) COUNTY OF ___________________________________) ON THIS _____ DAY OF ___________________, 20___) Before me personally came and appeared ____________________________________________ To me known and know to me to be one of the members of the firm of ______________________________________________________________________________ Described in and who executed the foregoing instrument and he acknowledged to me that he executed the same as for the act and for the act and deed of said firm. (SEAL) ________________________________________________ NOTARY PUBLIC P-4

BID BOND Know all men by these presents, that we, the undersigned _______________________________ _____________________ as Principal, and __________________________________________ As Surety, are hereby held and firmly bound unto the City of Cranston, Rhode Island, as Owner, in the penal sum of ______________________________________________________________ Lawful money of the United State, for the payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, signed this __________ day of ______________________________, 20 ____. The condition of the above obligation is such whereas the Principal has submitted to the City of Cranston, a certain Bid (Proposal), attached hereto and hereby made a part hereof, to _________ ___________________________________________________________and appurtenant construction necessary for complete installation. Now, therefore, (A) If said Bid shall be rejected, or, in the alternate, (B) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the

form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise, the same shall remain in force and effect – it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of this obligation as herein stated.

The Surety, for value received hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Principal may accept such Bid – and said Surety does hereby waive notice of any such extension. In witness whereof, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ____________________________________ (L.S.) (SEAL) BY ______________________________________ Date _____________________________________ *Surety *Important: Furnish proof of Authority of Officers or Agents of Surety to Execute this document.

(SEAL) BY ______________________________________ Date _____________________________________ P-5

FORM LETTER OF INTENT TO: Chairman Board of Contract and Purchase City of Cranston Rhode Island Dear Sir: This is to advise that the ____________________________________________________ (Legal Name of Surety) Who is approved by you and authorized to do business in the State of Rhode Island, is prepared To execute a Performance Bond and a Labor and Material Payment Bond, each in the amount of One hundred percent (100%) of the total bid for _______________________________________ ______________________________________________________________________________ (Legal Name of Contractor) Should they be awarded the contract for City of Cranston ________________________________________________ Name of Surety By _____________________________________________ Signature of Authorized Surety Officer ________________________________________________ PRINT Name & Title of Surety Officer DATE _____________________________ (Complete this form and enclose with the Bid Surety in the Separate envelope provided for that purpose.)

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XII. BID PROPOSAL PAGES

BID PROPOSAL PAGES CITY OF CRANSTON

REPLACEMENT OF MAIN STREET BRIDGE CRANSTON, RHODE ISLAND

Item Description of Work Estimated Unit Unit Total Code Quantity Price Price ____________________________________________________________________________________________ 201.0321 Clearing and Grubbing 201 SY

201.0409 Remove and dispose flexible pavement

390 SY

201.0415 Remove and dispose guardrail and post all types

89 LF

202.0100 Earth Excavation 129 CY

203.0100 Structure Excavation Earth 849 CY

203.0700 Pervious Fill 264 CY

204.0100 Trimming and fine grading 470 SY

206.0230 Baled hay erosion check and silt fence combined standard 9.3.0

387 LF

213.0100 Placement of millings beneath guardrail

165 LF

302.0100 Gravel Borrow Subbase Course 100 CY

401.1000 Class 19.0 HMA 45 TON

401.2000 Class 12.5 HMA 26 TON

403.0300 Asphalt Emulsion Tack Coat 305 SY

707.2000 Adjust Frame and Grate to Grade

2 EA

713.8269 Adjust Water Gate Boxes to Grade

1 EA

803.0100 Remove and Dispose Existing Superstructure

1 LS

803.0200 Remove & Dispose Existing Substructure

1 LS

803.0500 Temporary Deck Underside and side Protective Shielding

738 SF

808.0322 Concrete substructure Class HP 3/4" End Post

8 CY

808.0502 Concrete substructure Class XX 3/4" Abut Footing

61 CY

808.0504 Concrete Substructure Class XX 3/4" Wall Footing

27 CY

808.0505 Concrete substructure Class HP 3/4" Wall Stems

12 CY

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808.0506 Concrete Substructure Class HP 3/4" Abut Stems

72 CY

808.0508

Concrete Substructure Class XX 3/4" Approach Slabs

41

CY

808.0602 Concrete Substructure Class HP 3/4" Backwalls

8 CY

808.1501 Concrete Superstructure Class HP 3/4" Bridge Deck

27 CY

808.1642 Preformed Polyethylene Foam Joint Filler 1"

293 SF

808.1650 Mastic Joint Sealer (1" x 1") 114 LF

808.1675 Polyurethane Elastomeric Joint Sealant

170 CI

810.0200 Standard Bars Grade 60 14345 LBS

810.0300 Epoxy Coated Bars Grade 60 14380 LBS

813.0200 Preformed Waterproofing Membrane

224 SY

821.1690 Sawing & Sealing joints in Bituminous Concrete Pavement

91 LF

823.1750 Asphaltic Expansion Joint System

91 LF

824.0421 AASHTO M270 Grade 50 Steel Furnish Fab. & Erect Rolled Simple Beams

15580 LBS

828.0301 Elastomeric Bearings 12 EA

830.0240 Steel Bridge Rail 4 Bar Combination

75 LF

833.0400 Granite Identification Tablets 4 EA

834.0131 Vertical Face Granite Curb Straight 7" Reveal

114 LF

901.0151 Terminal End Section Single Face

3 EA

901.0193 Guardrail Steel Beam Single Face

105 LF

901.0196 Guardrail Connection to Existing End Post Trailing End Section Standard 34.3.6

2 EA

901.0197 Guardrail Connection to Existing End Post Approach End Section Standard 34.3.5

1 EA

906.0602 Bituminous Berm Standard 7.5.1 275 LF

907.0100 Water for Dust Control 1 MGAL

914.5010 Flagperson 40 MHOURS

922.0100 Temporary Construction Signs Standard 29.1.0 and 27.1.1

250 SF

923.0105 Drum Barricade 2728 BY DAY

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923.0125 Plastic Pipe Type-III Barricade 10 EA

926.0121 Unanchored Precast Concrete Barrier for Temporary Traffic Control

40 LF

932.0110 Transverse Pavement Cut and Match Standard 47.1.1

75 LF

L01.0102 Loam Borrow 4" Deep 201 SY

L02.0102 Residential Seeding (Type 2) 201 SY

SPECIAL Temporary Driveway 1 EA

T20.2006 6" Epoxy Resin Pavement Markings White

300 LF

T20.2014 4" Epoxy Resin Pavement Markings Yellow

300 LF

______________

Total Price ______________

TOTAL PRICE IN WORDS______________________________________________________________ TIME OF COMMENCEMENT AND SUBSTANCIAL COMPLETION: The Work to be performed under this Contract shall be commenced by Aug 1, 2017 (Subject to RIDEM Permit Conditions) and, subject to authorized adjustments; Substantial Completion shall be achieved not later than December 16, 2017.

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City of Cranston

BID PROPOSAL TO: The City of Cranston

Board of Contract and Purchase c/o The Purchasing Agent Room 202 City Hall Cranston, RI 02910

Gentlemen:

We, the undersigned, propose to furnish to the City of Cranston our bid for the “Replacement of Main Street Bridge over Clarke Brook” per attached plans and specifications.

PRICE IN WORDS: dollars PRICE IN FIGURES: dollars Did you deviate from the specifications in any way: YES____ NO ____ (If yes, you must submit a detailed description of all deviations so that your product or service can be properly evaluated.) Did you receive an addendum: YES______ NO _____

Delivery: _____________ calendar days after receipt of order. By:___________________________________ ______________________________________

Authorized Signature Date Company ______________________________________ ________________________________________

Print Name & Title Address ______________________________________ ________________________________________

Telephone Fax City State Zip Code BP-4

Please submit bid proposal page and any brochures in DUPLICATE.

Appendix A

CITY OF CRANSTON, RHODE ISLAND CHARTER

(SECTION 7.07. DIVISION OF CONTRACT AND PURCHASE)

(A) The division of contract and purchase shall consist of the purchasing agent who shall be the head of the division, and such other employees as may be provided by ordinance, from time to time. The purchasing agent shall be a person skilled in the areas of governmental or private business purchasing and property control and accountability and he/she shall have such other skills as the city council may from time to time require by ordinance. He/she shall be appointed for an indefinite term by the Director of Finance as provided in Sec. 7.02.

(B) The Board of Contract and Purchase shall consist of the following members:

1) The Director of Public Works. 2) The Director of Finance. 3) The president of the council or his designee shall appoint one (1) private citizen, who shall be a person

skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year.

4) Two (2) private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the leader of the majority party in the council.

5) Two (2) private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the council minority leader or if there be no such a minority member of the council then the appointment shall be made by the city chairman of the political party whose endorsed candidate for a city wide council seat received the most votes next after the lowest number of votes cast by the electorate for a successful candidate for a city wide council seat in the preceding election or his designee.

Any vacancy on the Board of Contract and Purchase shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

C) The Board of Contract and Purchase shall meet at least twice a month and such meetings shall be held no earlier than

5:00 p.m. Eastern Standard Time and its agenda shall be advertised in a paper of local circulation at least one (1) week prior to the meeting. The exact time, date, place and conduct of said meetings shall be specified by ordinance. All meetings of the Board of Contract and Purchase shall conform in all respects to the State of Rhode Island Open Meetings Law.

D) All contracts awarded by the Board of Contract and Purchase must contain a starting date and a termination or

completion date. Any contract which does not have a starting date or termination or completion date shall be void. No contract awarded by the Board of Contract and Purchase shall be extended past its termination date or completion date unless an extension is granted by the Board of Contract and Purchase at a regularly scheduled meeting of the Board. Any contract extended past its termination or completion date without a proper vote of the Board shall be void.

E) No contract awarded by the Board of Contract and Purchase shall be extended or amended if the result of said

extension or amendment is to materially alter the terms of the original contract. A material alteration for the purposes of this section is an alteration or extension of a contract which increases the original contract amount by more than fifteen (15%) percent. Any contract which the Board wishes to materially alter must be rebid pursuant to the terms and conditions set forth in Section 7.09 of this Charter for awarding contracts. Any contract which is materially altered and which has not been rebid is void.

F) All bid packages or Request for Proposals issued by the Purchasing Agent, the Board of Contract and Purchase, the

various Departments or Divisions of City Government or any Board or Commission created by Charter or Ordinance shall include in their bid packages or Request for Proposals a copy of this section, Section 7.07 entitled, “Division of Contract and Purchase”. All bidders who receive a bid package or a Request for Proposal and bid shall be presumed to know that any contract which violates any provision of this section is void.

G) Any contract which violates the provisions of this section shall be deemed void and the City Solicitor at the direction of the Mayor or City Council, by a majority vote of the council, shall commence suit to recover all moneys expended by the city pursuant to the terms of said void contract. (Reso. No. 94-38,6-27-94, approved at referendum 11-8-94).

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