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Request for Proposal (RFP)
Bristol Warren Regional School District
Special Construction Project Fiber Connection
The Bristol Warren Regional School Committee has requested the Superintendent of Schools to
seek proposals for a Special Construction Project for Fiber Connection for the Bristol Warren
Regional School District. These specifications should not be considered restrictive to the extent
of excluding from consideration any additional service a firm may submit.
Proposals for this service will be received at the office of the Director of Administration and Finance,
151 State Street, Bristol, RI 02809, until 11:00 am on Friday, January 17, 2020. No proposals will be
considered unless submitted in a sealed envelope m a r ke d:
"Special Construction Project: Fiber Connection"
Proposals will be opened in the above-mentioned time and place and read aloud in t h e presence
of any or all interested parties.
The proposal, if awarded, will be to the firm that furnishes the School Committee satisfactory
evidence of their ability to perform the work as outlined. The Bristol Warren Regional School
Committee reserves the right to waive any informality in or to reject any or all proposals.
No proposal shall be withdrawn for a period of thirty (30) days subsequent to the opening of bids
without the consent of the Bristol Warren Regional School Committee.
Raquel Pellerin, Director of Finance
TABLE OF CONTENTS
1.1 RFP Overview
1.2 RFP Intent
2.1 RFP Administration
2.2 Coordination and Contacts
2.2.1 RFP Coordinator(s)
2.3 RFP Schedule
2.3.1 Timeliness of Delivery
2.4 Response Format and Delivery
2.4.1 Response format
2.4.2 Response Copies
2.5 Questions
2.6 RFP Evaluation
2.6.1 Sole Judge
2.6.2 Evaluation Factors
2.6.3 Contract Negotiations
2.7 Terms & Conditions
2.7.1 Right to Change
2.7.2 Equipment Quantities
2.7.3 Cost of Preparing Responses
2.7.4 Responses Considered Property of BWRSD
2.7.5 No Obligation to Enter into Contract
2.7.6 Minor Administrative Irregularities
2.7.7 Binding Signature
2.7.8 Payment for Services
3.1 General Requirements
3.2 Requirements Response
3.3 Contractor Commitments
3.3.1 Single Point of Contact (SPOC)
3.3.2 What Constitutes a Binding Commitment
3.3.3 Five Year Commitment
3.4 Subcontractors
3.4.1 Use of Subcontractors
3.4.2 Contractor Liability for Subcontractors
3.4.3 Contractor Liability for Damage
3.4.4 Contractor Discipline
3.4.5 Non-Business Hour Work
3.5 Pricing
3.5.1 Best Pricing
3.5.2 Continual Improvement
3.5.3 Detailed Pricing
3.4.2 Continual Improvement
3.4.3 Detailed Pricing
3.5 Acceptance
3.5.1 General Commercial Shipping Release
3.5.1 General Commercial Shipping Release
3.5.2 Bristol Warren Regional School District Sole Judge of Acceptance
3.5.3 Acceptance Testing for Replacements
3.5.4 Acceptance Test Period
3.5.5 Acceptance Test Plan
3.5.6 Contractor Support during Acceptance Testing
3.5.7 Work Outside Scope of Contract
3.5.8 Formal Acceptance
3.5.9 Performance and Operating Standards
3.5.10 Outstanding Issues
3.5.11 Consequences for Failure to Meet Performance and Operating Standards
3.5.11.1
3.5.11.2
3.5.11.3
3.5.11.4
3.5.11.5
3.6 Delivery and Installation
3.6.1 Contractor Project Team
3.6.2 Site Preparation Documentation
3.6.3 Delivery
3.6.4 Unpacking, Inspection and Installation
3.6.5 Contractor On-Site Support
3. 7 Maintenance, Warranty and Repair
3. 7 .1 Contractor Support Process
3.7.2 Help Desk Call Back
3.7.3 Warranty Start
3.7.4 Warranty Period
3.8 Experience, Certifications and Insurance
3.8.1 Network Experience
3.8.2 Certifications
3.8.3 Insurance
4.1 Contractor Information
4.2 Contractor Years in Operation 5.1 Locations 6.1 Pricing Worksheets 7 .1 Scoring Worksheet
L
1.1 RFP OVERVIEW
1.2 RFP Intent
SCOPE OF SERVICES
As approved by the Federal Communications Commission in E-rate modernization order 2 (WC
Docket No. 13184)(https://www.foc.gov/document/foc-releases-order-modernizing-e-rate-21
set century-connectivity) - The Bristol Warren Regional School District wishes to compare Lit
Services to Dark Fiber for the listed schools.
These schools are following the State Education Technology Directors Association (SETDA)
recommendations for bandwidth and require a substantive upgrade from their current level of
service. The new service is requested to begin on July 1, 2020, unless otherwise designated.
The Bristol Warren Regional School District has experienced significant bandwidth demand
increases in the last 5 years.
The school district's future plans include use of latency sensitive applications; upload reporting
requirements, and significant peaks in bandwidth demand. Throttling bandwidth and operating
on a contended network for these seven locations has been determined to be unacceptable
based on the patron service p I a n .
With this in mind the Bristol Warren Regional School District is seeking options for a private
dedicated network solution for the connections between the individual buildings and their district
hub where all fiber and routing equipment is 100% dedicated to the Bristol Warren Regional
School District network. Any proposed fiber and routing equipment must be exclusive to the
Bristol Warren Regional School District. The solution options should support high availability,
high bandwidth services that includes data, voice, and video simultaneously.
The Bristol Warren Regional School District wishes to compare Lit Services, Dark Fiber
services, and Indefeasible Right of Use (IRU) for the completion of their district Wide Area
Network (WAN). The current WAN is Metro-Ethernet at various speeds to each location.
Service is expected to be delivered to the district hub, at 525 Child Street I Warren RI 02885.
Service is expected to be delivered to the eligible service locations from the district hub at the
following locations:
Hugh Cole Elementary School
50 Asylum Road, Warren RI 02885
Kickemuit Middle School
525 Child Street, Warren RI 02885
Rockwell Elementary School
1225 Hope Street, Bristol RI 02809
Mt. Hope High School
199 Chestnut Street, Bristol RI 02809
Guiteras Elementary School
35 Washington Street, Bristol RI 02809
Colt Andrews Elementary School
570-57 4 Hope Street, Bristol RI 02809
Oliver Administration Building
151 State Street, Bristol RI 02809
In each building, respondent must design and run infrastructure or service to an existing network
closet designated by the Bristol Warren Regional School District, identified by site walk-through.
The new service is being planned to begin on July 1, 2020, which represents the expiration of
the current leased WAN service.
The Bristol Warren Regional School District is seeking three options for bids. Respondents may bid
one, two, or all three options. The first option is a fully managed, lit fiber service WAN to these
locations. The second option is for a leased dark fiber solution that includes special construction,
the monthly lease fee, maintenance, and operations. The third option is for a dark fiber IRU
solution that includes special construction, the IRU fee, fiber maintenance, and operations.
All options can include Special Construction Costs, one-time E-rate eligible Non-Recurring
Costs, and E-rate eligible Recurring Circuit Costs. Recurring costs should indicate if they are
paid monthly or annually. If new fiber installation is not necessary, the payment is considered a
Non-Recurring Costs.
Based on the bids and both a short term and long term cost effectiveness analysis the Bristol
Warren Regional School District will determine which service: lit fiber, leased dark fiber, IRU, or
some combination of solutions is acceptable. Listed below are the specifications related to each
solution option.
The Bristol Warren Regional School District must have dedicated Transport Bandwidth
throughput (upload and download) of at least 10 Gbps with Service Level Agreement (SLA)
guarantees between the designated endpoints. All respondents must be capable of providing
telecommunication services under the Universal Service Support Mechanism.
Lit Service Price Proposal
The "Lit Service Pricing" worksheet in the "RFP Pricing Workbook" includes columns for
respondents to provide data on costs for Special Construction Costs, Non-Recurring Costs, and
Recurring Circuit Costs based on fiber solution, contract length, and strand count. Prices should
be all inclusive. All-inclusive is described as: All Special Construction Costs, Recurring Costs,
and Non-Recurring Costs required by the vendor to commence service. All costs should be
included in the requisite columns of the pricing sheets. No increased pricing will be allowed
during the term of the quoted Special Construction Costs, Non-Recurring Costs, and Recurring
Circuit Costs rate in each pricing cell of the spreadsheet.
Additional Description
Each response must also include description of proposal, SLA, timeline, network diagram,
demarcation, references, and Connect America Fund status as described in later sections of this
RFP, The Federal E-rate program allows the Bristol Warren Regional School District to request
payment of discount portion of Non-Recurring Costs in the first year of service. The Bristol
Warren Regional School District's request to pay the non-discount share of Special Construction
Costs that are the responsibility of the applicant, to be paid in equal annual installments over the
four years from Funding Year 2020 to Funding Year 2023 inclusive. Responses must include
agreement or non-agreement of this request.
Leased Dark Fiber and IR U
General Terms for Leased Dark Fiber and IRU - The following are general terms that apply to
leased dark fiber and IRU s o I u t i o n s:
Note: Respondents must offer maintenance services as described in the "Maintenance for Dark
Fiber and /RU" section. In the case that respondents use external 3rd party service providers or
contractors to deliver some or part of the solution, this should be clearfy indicated in the
response.
Fiber Specification
• All dark fiber solutions must comprise of single mode fiber end to end.
Equipment, Installation, and Operations
As an option, the respondent may provide a quote for an annual operation costs to
oversee the technical support of the WAN once the leased dark fiber or IRU is available
for service. Include price details in the "Equipment Operations Pricing" worksheet in the
attached "RFP Pricing Workbook" for equipment necessary to place the circuits into
service, installation and configuration of equipment, and annual cost to operate the
equipment/circuits. Operations may be bid as a stand-alone service, however, "bundled"
holistic solutions are preferred, as outlined in the evaluation cr i ter ia.
The annual operations cost should include provision of:
Procurement of necessary hardware to light the fiber path(s)
Installation and configuration of equipment to put circuits into service Network
monitoring on a 24x7x365 basis
• Creation and communication of service tickets to the Bristol Warren Regional
School District escalation list
Incident response with timing standards that are in accordance to a Respondent
provided service level agreement that meets general industry standards
Other industry standard provisions of broadband service technical support
• Re-provisioning of equipment necessary to put circuits back into service after an
outage
Description of Proposal Respondent will provide a description of their proposal for all
services and solutions. Description will include an overview of the proposal, proposed
design of the project and any deviations from the requested architecture, design or
requirements, assumptions made, other detail Bristol Warren Regional School District
may find useful or necessary (or could differentiate the solution from a competing
proposal).
Leased Dark Fiber Price P r o p o s a I
Each respondent is required to complete the pricing matrix appended as the "Leased Dark Fiber
Pricing" worksheet in the "RFP Pricing Workbook" accompanying this RFP. Respondents are
encouraged to separate special construction charges as defined by E-rate eligibility rules.
Preference will be given to proposals that offer pricing with the majority of the costs being paid
up-front and minimal Recurring Costs and annual maintenance costs.
Additional Description - Each leased dark fiber response must also include description of
· proposal, description of maintenance, SLA, timeline, network diagram, demarcation, references,
and Connect America Fund status as described in later sections, Operations can be bid
"bundled" with a leased dark fiber bid, or as a standalone bid and must be described as such.
IRU of Fiber-As an alternative, respondents can quote a 120 month and 240-month indefeasible
right to use (IRU) price for at minimum of four (4) strands of fiber between the designated
endpoints.
IRU Price Proposal
The Bristol Warren Regional School District is interested in IRU-type pricing with a one-time
capital cost payment for the 120 month and 240 month IRU combined with "all-in" recurring
payments for maintenance costs for the entire length of the IRU. Each respondent is required to
complete the pricing matrix appended as the "IRU Pricing" worksheet in the "RFP Pricing
Workbook" accompanying this RFP. Respondents are encouraged to separate special
construct ion charges as defined by E-rate eligibility rules. Proposals that offer pricing with the
majority of the costs being paid up-front and minimal Annual Maintenance Costs will be viewed
favorably, when comparing proposals.
If special construction charges are requested by the vendor for the fiber proposed to be I R U' d ,
the Bristol Warren Regional School District expects significant reductions from prevailing market
rates for the IRU fee and annual maintenance charges. Each IRU response must also include
description of proposal, maintenance, SLA, timeline, network diagram, demarcation, references,
and Connect America Fund status as described in later sections. Operations can be bid
"bundled" with a leased dark fiber bid, or as a standalone service and must be described as
such.
The applicant requests that the respondents consider allowing the Bristol Warren Regional
u
School District to pay the non-discount share (share of Special Construction Costs that are the
responsibility of the applicant), to be paid in equal annual installments over the four years from
Funding Year 2020 to Funding Year 2023 inclusive. Responses must include agreement or non
agreement of this request.
Maintenance for Dark Fiber and IRU
The Bristol Warren Regional School District requires ongoing maintenance of the fiber on all
Leased Dark Fiber, or IRU solutions. Maintenance responses are required as f o 11 o w s:
All dark fiber responses (lease and IRU) require maintenance as part of the response, even if
maintenance is subcontracted out to a third party. In the case of the third party maintenance, the
respondent must hold and manage the subcontract and is ultimately responsible for the S LA .
For a leased dark fiber and IRU solution, if the Fiber Network is part of a more comprehensive
fiber infrastructure of the service provider, the respondent will include only the portion of
maintenance that is required to support the Bristol Warren Regional School District fiber
segments versus overall network maintenance. As part of the maintenance contract for an IRU,
the fiber owner (not the district) must claim responsibility for repairs in the event of a
catastrophic cut or relocate. As part of the maintenance contract for an IRU describe the
process for relocates including assumption of c o s t s .
Respondent shall maintain the applicable fiber seven days per week, twenty-four hours per day.
In the event of a malfunction relating to the applicable fiber, respondent shall respond to such
malfunction within two (2) hours and thereafter proceed to correct the malfunction with
reasonable diligence to ensure optimal uptime.
When pricing maintenance, the respondent should include an overview of fiber maintenance
practices including:
• Routine maintenance and inspection,• Scheduled maintenance windows and scheduling practices for planned outages,
Marker and hand hole inspection and repair,
Handling of unscheduled outages and customer problem reports• What SLA is included, and what alternative service levels may be available at additional
cost,
• What agreements are in place with applicable utilities and utility contractors for
emergency restoration,
Repair of fiber breaks,
Mean time to repair,
Replacement of damaged fiber,
Post repair testing
Replacement of fiber which no longer meets specifications,
Policies for customer notification regarding maintenance,
Process for changing procedures, including customer notification practices,
Process for moves adds and changes, Process for responding to locate requests.
Equipment to support Leased Dark Fiber and IRU
Quantity Item
1 JL001A HPE Aruba 5412R 92GT PoE+/4SFP+ (No PSU) v3 zl2
Switch or equivalent
4 J9829A HPE 5400R 11 OOW PoE+ ZL2 P/S or equivalent
4 J9993A HPE Aruba 5400R 8-Port 1 G/1 OGbE SFP+ with MACsec v3
zl2 Module or equivalent
(The below number of units will be determined based on final engineering of solution selected, please provide per unit pricing)
Item
J9151D HPE Aruba lOG SFP+ LC LR lOkm SMF Transceiver or equivalent
J9153D HPE Aruba lOG SFP+ LC ER 40km SMF Transceiver or equivalent
J4859D HPE Aruba lG SFP LC LX lOkm SMF Transceiver or equivalent
J4860D HPE Aruba lG SFP LC LH 70KM SMF XCVR or equivalent
J9990A HPE Aruba 5400R 20-Port 10/100/lOOOBASE-T PoE+ & 4-Port SFP+ with MACsec v3 zl2 Module
or equivalent
SLA for Lit Fiber, Leased Dark Fiber and IRU
Respondent will provide a description of the proposed services and service levels provided with
the lit fiber, leased dark fiber, and IRU. The respondent will provide a proposed SLA with the
RFP response. The proposal must include a description of the following services and how these
services will be measured.
Lit and Operations proposals only: Frame/packet loss Commitment Lit and Operations
proposals only: Network Latency Commitment Lit and Operations proposals only: Network Jitter
Commitment There is no right of provider to limit or throttle the capacity of the circuit at any time
for any reason
Fiber Availability: the provider will make all reasonable efforts to ensure 99.9-99.99% a v a i l a b i l i t y
In addition t o the required services, the proposal may include but is not to be limited to the
following services:
Network Operations Center: Solution will provide customer support functions including problem
tracking, resolution and escalation support management on a 24x7x365 basis. Customer has
the right and is encouraged to call concerning any problems that may arise relative to its
connection with Vendor provided services.
LI
Trouble Reporting and Response: Upon interruption, degradation or loss of service, Customer
may contact Vendor by defined method with a response based on trouble level. Upon contact
from the Customer, the Vendor support team will initiate an immediate response to resolve any
Customer issue. Customer will receive rapid feedback on trouble resolution, including potential
resolution time.
Escalation: In the event that service has not been restored in a timely manner, or the Customer
does not feel that adequate attention has been allocated, the Customer can escalate the trouble
resolution by request. A list of escalation contacts will be provided when implementation
schedule is completed.
Resolution: The Customer will be notified immediately once the problem is resolved and will be
asked for verbal closure of the incident.
Trouble Reporting, Escalation and Resolution: A detailed trouble reporting, escalation and
resolution plan will be provided to the d is t r ic t .
Measurement: Vendor stated commitment is to respond to any outage within two (2) hours a n d a
four (4) hour restoration of service. Time starts from the time the Customer contacts the Vendor
and identifies the problem, Credits for outages of shortage will be i d e n t i f i e d .
Reports: Upon request, an incident report will be made available to the Customer within five (5)
working days of resolution of the t ro u b I e.
Link Performance per segment: The service will maintain the proposed Link Performance
throughout the term of the contract.
Historical uptime: Provide aggregate uptime statistics for your proposed service in the geographic area encompassing the Bristol Warren Regional School District.
ADDITIONAL INFORMATION AND CRITERIA
RFP Tirneline
For each response, respondents must include a construction roadmap timeline for all sites. For lit
and dark fiber responses, preference is given to responses with a service start for all sites on
July 1 I 2020.
Demarcation
All solutions whether lit fiber, leased dark fiber, or IRU must terminate service or infrastructure to
an existing network closet inside of the designated demarc address specified in the "Addresses"
worksheet. Solutions bringing service to the property line but not inside of the demarc address
are not acceptable.
Respondent must specify your expected demarc setup included in base fees, e.g. wall mounted
CPE and Fiber handoff.
Network Diagram
For each response, respondents must include a network diagram displaying the paths to be
used to serve each endpoint.
References
For each response, respondent must provide 3 references from current or recent customers
(preferably K12) with projects equivalent to the size of Bristol Warren Regional School District. If
respondent responds to more than one option (e.g. lit fiber service as well as leased dark fiber),
provide 3 references for each.
Connect America Fund Consideration for each school site: the respondent must note whether
the address is included in a region where the respondent has already received (or is pending
receipt of) funding via the Connect America Fund. In these cases, mention how the NRC or
special construction charges have been adjusted considering the other source of funding.
Special Construction and Non-Recurring Costs Respondents: providing lit fiber proposals which
require an upfront payment may include a special construction cost or Non-Recurring Costs.
This upfront payment is considered special construction if any new fiber is being installed. If new
fiber installation is not necessary, the payment is considered a Non-Recurring Costs and must
be entered into the pricing sheet accordingly.
New fiber special construction charges for lit service: leased dark or IRU projects as defined by the
order include construction, design, engineering and project management. It is requested that the
respondents consider allowing the Bristol Warren Regional School District to pay the
non-discount share (share of Special Construction Costs that are the responsibility of the Bristol
Warren Regional School District) to be paid in equal annual installments over the four years
from Funding Year 2020 to Funding Year 2023 inclusive. Responses must include agreement or
non-agreement of this request.
All E-rate applications including special construction are subject to review and detailed
questioning. Respondents should provide or be prepared to promptly provide the following
information:
• A map file of the proposed fiber route in jpg or json on format• The cost per foot of fiber• The cost per foot of fiber installation (splicing, pulling through conduit, hanging on poles)• The cost per foot of outside plant materials (conduit, handholes, markers, aerial make
ready materials)• The cost per foot of outside plant installation (trenching, handhole and marker
installation, installation of aerial make ready materials)
Required Notice to Proceed and Funding Av a i I a b i I i t y
Bristol Warren Regional School District will follow the purchasing policies of the Bristol Warren
Regional School District School Committee and requirements and procedures of the FCC's
Ju
E-rate program as administered by the Universal Service Administrative Company to be e Ii g i b I e
for all available funding. The implementation of any associated contracts resulting from this
competitive bid process will be dependent on the district's issuance of a written Notice to
Proceed. E-rate funding notification alone will not signify Notice to Proceed. The district will have
the right to allow the contract to expire without implementation if appropriate funding does not
come available.
All responding vendors must be a registered vendor with USAC and have a USAC i s s u e d Service
Provider Identification Number-SPIN. Responding vendors who do not have a USAC issue SPIN
must demonstrate reasonable efforts to obtain a SPIN before the service start date.
E-rate Modernization Order Note Special construction and service eligibility for reimbursement
have changed starting funding year 2016. See the Federal Communications Commission E-rate
modernization order 2 (WC Docket No.13-184)
(https://www.fee.gov/d ocu ment/fcc-releases -order-modern izi ng-e-rate-21 st-century-connectivity)
for more information.
2.1 RFP ADMINISTRATION
2.2 Coordination and Contact
Upon release of this RFP, all communications with the Bristol Warren Regional School District
related to this RFP must be directed to the RFP Coordinator(s) listed below. Unauthorized
contact with other Bristol Warren Regional School District personnel regarding the RFP or RFP
related activity may result in disqualification. Any oral communications between the B r i s to I
II
Warren Regional School District and Contractor will be considered unofficial and non-binding on the
Bristol Warren Regional School District. Any questions posed by Contractors may be sharedwith
all other Contractors.
2.1.1 RFP Coordinator
Coordinator 1
Name: Rosemary Muller
Title: Director of Technology
Email: [email protected]
2.3 RFP Schedule
Contact Coordinator 1 for any questions and/or clarifications.
.... Mandatory walk-thru date-December 16, 2019, Meet at 9:00 AM at Kickemuit Middle School,
525 Child Street, Warren, RI
Questions (in writing) due by December 18, 2019
Answers posted by December 20, 2019
Due date for responses-January 17, 2020 by 11 :00 AM.
• Award date- To Be Announced
2.2.1 Timeliness of Delivery
Contractors response in its entirety must be reached by the RFP Coordinator listed above in
accordance with the RFP Schedule and in the response format defined in this RFP. Late
r e s p o n s e s will not be accepted and disqualified from further consideration,
Postmarking by the Response Due Date will not substitute for actual response receipt responses must
be delivered in accordance with the delivery format specified in this RFP.
Requests by Contractors for additional time will not be g ranted.
2.3 Response Format and Delivery
2.3.1 Response Format
Contractors must follow the directions outlined in this document. Ambiguous or unclear responses, as
determined solely by the Bristol Warren Regional School District, may be considered as non-compliant.
Every requirement should be addressed and responded to and specifically marked as:
ACRONYM DESCRIPTION DETAILED DESCRIPTION
c Comply Totally compliant with
requirement. Defined
functionality is available now
on a general availability
release.
C/E Comply with Exception Partially compliant with
requirement. Defined
functionality is either a)
available now on a general
availability release but with I partial functionality or b)
available on a planned
release. Full explanation
must be included with
response.
NC Not Compliant Not compliant with
requirement-Defined
functionality is not available
or planned.
C-Comply-Totally compliant with requirement. Defined functionality is available now on a general
availability release.
C/E-Comply with Exception-Partially compliant with requirement. Defined functionality is either
a) available now on a general availability release but with partial functionality or b) available on a
planned release. Full explanation must be included with response
NC-Not Compliant- Not compliant with Requirement-Defined functionality is not available or
planned.
2.3.2 Response Copies
Contractor shall submit one electronic copy of their completed RFP Response and two printed
copies of their completed RFP Response, and deliver or mail them to the RFP Coordinator.
1£.
2.4 Questions
Contractor RFP questions must be forwarded to the RFP Coordinator in writing, via email, for
proper consideration. All questions and responses will be posted in accordance with the RFP
Schedule.
2.5 RFP Evaluation
2.5.1 Sole Judge
The Bristol Warren Regional School District reserves the right to be the sole judge of the
acceptability of any response and the sole judge of the proposals in determining which Contractor,
if any, receives an award of contract for each phase.
2.5.2 Evaluation Factors
The following factors will be used to evaluate the proposals, listed in order form the most to the
least important:
A. Contractor pricing and terms
B. Ability of the Contractor to meet the stated requirements
C. Ability of the Contractor to support BWRSD long-term
D. Contractor references for comparable installations
E. Contractor maintenance, warranty and repair offerings
F. RFP response completeness
There is not a commitment on the part of the Bristol Warren Regional School District to accept
the lowest cost proposal or the conditions imposed by the Contractor as a requirement of
acceptance. See section 7.1 for worksheet.
2.5.3 Contract Negotiations
Upon completion of the evaluation process and the award, contract negotiations will commence. All
contract negotiations will be held at a location to be specified by the Bristol Warren Regional
School District.
Contract negotiations will include the anticipated project phases, installation and cutover
scheduling, maintenance, warranty and repair details, acceptance, training and any other
considerations deemed necessary by the Bristol Warren Regional School District for contract
closure.
Iv
2.6 Terms and Conditions
2.6.1 Right to Change
The Bristol Warren Regional School District reserves, at its sole discretion, the right to delay,
reduce, alter, re-issue or cancel this RFP project at any time, for any reason.
Should the Bristol Warren Regional School District consider it necessary to change any part of
this RFP; contractors will be notified via email, including any changes to the requirements or
schedule.
2.6.2 Equipment Quantities
Location and user quantities specified in various sections of the RFP are estimations for
proposal award purposes and in no way represent a guarantee of the equipment quantities
ultimately purchased. The number of locations and users represents the Bristol Warren
Regional School District's best information at the time of the RFP.
In responding to this RFP, the Contractor commits to provide the equipment and support
required to meet goal of this RFP and described in the site walk though.
2.6.3 Cost of Preparing Responses
All costs incurred by the Contractor in preparation of their proposal, including but not limited to
travel, material, administrative or professional expenses, are not chargeable to the Bristol Warren
Regional School District for any reason, and must be paid by the Contractor. The Bristol Warren
Regional School District shall not pay any expenses incurred in the preparation of the proposal
or contract as a result of the termination of the RFP or termination of the contract resulting from
this RFP.
2.6.4 Responses Considered Property of the Bristol Warren Regional School District
All proposal responses and materials submitted by Contractors become the property of the Bristol
Warren Regional School District and become public record. Public records are by lawopen to
inspection by the public. The proposal responses and materials may be returned solely at the
discretion of the Bristol Warren Regional School District.
The Bristol Warren Regional School District reserves the right to all ideas and recommendations
presented in the proposal responses, without awarding a contract and regardless of the
outcome of the RFP.
2.6.5 No Obligation to Enter into Contract
The release of this RFP in no way obligates the Bristol Warren Regional School District to a w a r d
a contract.
l"'
t
Iv
2.6.6 Minor Administrative Irregularities
The Bristol Warren Regional School District reserves the right to waive minor administrative
irregularities contained in any response, and shall be the sole judge of what constitutes a minor
administrative irregularity.
2.6.7 Binding Signature
By placing their signature on the proposal, Contactors certify that they:
A. Have read this RFP in its entirety
B. Are authorized to bind the Contractor
C. Agree to furnish the equipment, services and support specified
2.6.8 Payment for Services
Payments will be made based on Contractor's pricing as defined in the RFP, after Acceptance
by the Bristol Warren Regional School District. Upon successful completion of the Acceptance
phase of the implementation, Contractor will submit an invoice which will be paid within 30 days
of receipt of invoice.
3.0 GENERAL REQUIREMENTS
3.1Requirements Response
All Contractors must respond to all general requirements listed in this RFP. Contractor will make
the connections to the Network Equipment under the supervision of BWRSD.
3.2 Contractor Commitments
3.2.1 Single Point of Contact {SPOC)
Contractor must be the Single Point of Contact (SPOC) relative to all equipment, services and
support outlined and implicit in each phase outlined in this RFP. If Contractor utilizes equipment,
services or support from another manufacturer or supplier, Contractor shall be responsible for
managing all relations and communications with those manufacturers and suppliers. If
Contractor utilizes equipment, services or support from another manufacturer or supplier, said
utilization must be noted in the RFP response. Any requirement outlined in this RFP which
requires equipment, services or support from another manufacturer or supplier should be
marked as "C/E", or Comply with Exc e p t i o n .
3.2.2 What Constitutes a Binding Commitment
Any written commitment by Contractor within the scope if this RFP and subsequent contract
IU
shall be binding on the Contractor. Failure of the Contractor to fulfill any such commitment shall
render Contractor liable for damages due to the Bristol Warren Regional School District. Such
commitments include, but are not limited to, the following items:
A. Any warranty or representation made by Contractor in their proposal relating to hardware,
software, system or network performance, or other physical design or functional characteristics
B. Any warranty or representation pertaining to the responsiveness, timeliness or quality of
services and support
C. Any subsequent warranty or representation pertaining to the above, agreed to after the RFP
award and/or contract signing, which will be documented and incorporated into the permanent
contractual record
3.2.3 Five Year Commitment
Contractor commits to maintain their status as SPOC for a period of five years from date of
contract, including procurement of all standard components required to grow the configuration in
support of new users and locations, for all features, functionality and services committed to in
the proposal. If a manufacturer or supplier goes out of business,
or discontinues hardware, software or systems essential to the continued operation of the
network as outlined in this RFP, the Contractor must provide an alternative acceptable to the
Bristol Warren School District, or, at Contractor expense, change to a new system equal in
function, performance and quality to the original system.
3.3 Subcontractors
3.3.1 Use of Subcontractors
Where relevant, Contractor must identify any subcontractors for planned equipment, services or
support, or other duties or obligations, using the response format detailed in Section 3.2 above.
While the Bristol Warren Regional School District will not unreasonably withhold consent to
utilize subcontractors, the Bristol Warren Regional School District reserves the right to withhold
consent to utilize any subcontractors, and act as the sole judge in this regard.
3.3.2 Contractor Liability for Subcontractors
In no event shall the existence of an approved subcontract release or reduce the liability of the
Contractor for all aspects of the project. Any breach in the performance of duties is the sole
responsibility of the Contractor.
3.3.3 Contractor Liability for Damage
Contractor agrees that all subcontractors shall be held to be agents of the Contractor.
Contractor shall be liable for any loss or damage to the Bristol Warren Regional School District,
including but not limited to personal injury, physical injury, and physical loss, harassment of
Bristol Warren Regional School District employees or violation of any section of the contract.
3.3.4 Contractor Discipline
The Contractor shall enforce strict discipline and good order among the Contractor and
subcontractor employees carrying out the work associated with the project. The Contractor and
its subcontractors shall not employ any unfit persons or persons not skilled in the tasks assigned
them. Contractor and subcontractor employees must be aware of and adhere to Bristol Warren
Regional School District security policies and procedures when operating in Bristol Warren
Regional School District facilities.
3.3.5 Non-Business HourWork
Contractor must consider that the Bristol Warren Regional School District intends to ensure the
minimum disturbance to our departments working environment during the implementation and
turn up of the project. This requirement is highly likely to require non-business hours work
schedules, including nights and weekends, and Contractor should consider this in their
proposal.
3.4 Pricing
3.4.1 Best Pricing
Contractor agrees to provide best pricing for the response and on-going, including notification
and incorporation of price reductions, volume discounts, government discounts and any other
price affecting factors received from manufacturers, suppliers and subcontractors, or manifested in
promotions or changes offered by the Contractor
3.4.2 Continual Improvement
Contractor agrees to a continual improvement policy for pricing, guaranteeing annual
improvements in price for all elements proposed into the n e t w o r k .
3.4.3 Detailed Pricing
Contractors are required to provide detailed per component pricing for the proposed
configuration.
3.5 Acceptance
Acceptance Testing refers to the tests, tasks and methods of procedure that once successfully
completed, will ensure the performance and operating standards defined below have been met.
I I
3.5.1 General Commercial Shipping Release
All proposed hardware, software and systems proposed in response to this RFP must be in
general commercial, or General Availability (GA), release at the time the proposal is submitted.
3.5.2 Bristol Warren Regional School District Sole Judge of Acceptance
The Bristol Warren Regional School District, at its sole discretion, will determine whether the
Contractor's solution has successfully completed the Acceptance Period. All systems must
undergo Acceptance Testing: acceptance testing is required for all newly installed systems and
components.
3.5.3 Acceptance Testing for Replacements
10
Unless waived in writing by the Bristol Warren Regional School District, Acceptance Testing is
required prior to the acceptance of replacement or substitute systems or components, as well as
systems or components that are added during the course of the project.
3.5.4 Acceptance Test Period
Contractor will notify the Bristol Warren Regional School District in writing when the network
deployment is ready for Acceptance Testing. Acceptance Testing shall commence on the first
District workday following the District receipt of written notification of readiness and shall end
when the system has met the Performance and Operating standards for a period of 30 calendar
days.
3.5.5 Acceptance Test Plan
Contractor will provide copies of standard Acceptance Test plans for all proposed systems or
major components, The Bristol Warren Regional School District may incorporate parts or all of
these standard Acceptance Test plans, but will also require Acceptance Testing at a system
level, with all components in place and inter-connected, and will provide this Acceptance Test
plan after award of contract and prior to implementation.
The Bristol Warren Regional School District will work with the Contractor to define a fair and
comprehensive high level system Acceptance Test plan and views the Acceptance Testing plan
and process as critical to both the Bristol Warren Regional School District and the Contractor.
The intent of the testing is to ensure the Bristol Warren Regional School District receives the
functionality and quality promised and to establish a well-defined baseline for the Contractor to
meet to receive payment.
3.5.6 Contractor Support during Acceptance Testing
Provider will provide post-cutover support and will repair problems encountered during the 30-
day acceptance period, and any extended period required for the Contractor to meet t h e
acceptance criteria, at no additional charge to the Bristol Warren Regional School District
3.5.7 Work Outside Scope of Contract
If work is performed outside the scope of the contract, Contractor will provide change order
forms and will provide, for Bristol Warren Regional School District approval, a cost and time
estimate for the work.
3.5.8 Formal Acceptance
The Bristol Warren Regional School District will formally accept the equipment on a location by
location basis, after successful completion of the Acceptance Testing period, with adherence to
the Performance and Operating Standards. The Bristol Warren Regional School District will
provide written acceptance for each I o c a t i o n
3.5.9 Performance and Operating Standards
Performance and Operating Standards must be followed.
Formal Acceptance of the installed systems will occur after a) completion of the standard
acceptance testing and b) a period of 30 days meeting the following performance criteria:
3.5.10 Outstanding Issues
Any outstanding issues from the Acceptance Testing must be resolved to the Bristol Warren
Regional School District's satisfaction prior to formal acceptance and payment.
3.5.11 Consequences for Failure to Meet Performance and Operating Standards
3.5.11.1
If during Acceptance Testing a component fails to satisfy the Bristol Warren Regional School
District in more than 15% of the systems or components to be accepted, the component will be
replaced in all units. Upon request, the Bristol Warren Regional School District shall also make
available (subject to production constraints) other the Bristol Warren Regional School District
devices that could help the Contractor identify the cause of the failure and repair it.
3.5.11.2
If the equipment does not meet the Performance and Operating standard within 30 days after
the start of Acceptance Testing, Acceptance Testing shall continue on a day to day basis until
the Performance and Operating standards are met for 30 consecutive days.
3.5.11.3
If the equipment does not meet the Performance and Operating standard within 30 days after
the start of Acceptance Testing, the Bristol Warren Regional School District shall have the o p t i o n
to request replacement equipment, extend the performance period or terminate the project ( or
Iv
LU
portions thereof) and seek relief.
3.5.11.4
If the equipment does not meet the Performance and Operating standard within 60 days after the
start of Acceptance Testing, the Bristol Warren Regional School District reserves the right to seek
relief for any and all incurred d a m a g e s .
3.5.11.5
The Bristol Warren Regional School District will neither accept equipment nor pay for any
equipment associated charges until the equipment has satisfactorily completed the Acceptance
Testing. In addition, no monies will be paid until the Bristol Warren Regional School District
grants formal acceptance.
3.6 Delivery and Installation
3.6.1 Contractor ProjectTeam
The Bristol Warren Regional School District reserves the right to approve or disapprove any
change in the Contractor's Project Team, once the contract is signed and the project initiated.
This is to ensure that personnel with vital experience or knowledge are not arbitrarily removed
from the project prior to a successful implementation and turn-up. Project Team personnel
changes not approved by the Bristol Warren Regional School District may constitute cause for
contract termination.
3.6.2 Site Preparation Documentation
Contractor shall provide site preparation specifications and instructions for the proposed
h a r d w a r e , software and systems, per location. These specification and instructions shall be
in such detail as to ensure that any hardware, software and systems, if installed according to
thesespecifications, shall operate efficiently from an environmental and functional perspective. Any
subsequent alterations or modifications to the site that are directly attributable to incomplete or
erroneous specifications provided by the Contractor and that involve additional expense shall be
made at the expense of the C o n t r a c t o r .
The Bristol Warren Regional School District will prepare sites in accordance with the
Contractor's written specifications and instructions, unless the Contractor has agreed to be
responsible for such site preparations.
3.6.3 Delivery
Contractor shall be responsible for safe delivery of all hardware, software and systems to each
and every location, including delivery in-building to the appropriate floor and room where the
hardware, software or system is to be installed. Any hardware, software or system that is
d a m aged during shipment or delivery shall be replaced at the expense of the Contractor.
3.6.4 Unpacking, Inspection and Installation
Contractor shall unbox, inspect, set in place, interconnect, configure and test all hardware,
software and systems prior to acceptance testing initiation.
3.6.5 Contractor On-Site Support
.,_,
Contractor agrees to provide technical on-site support for up to three (3) days after turnup, to assist
with troubleshooting, moves-adds-changes, informal training and root cause analysis regardless of
source.
3.7 Maintenance, Warranty and Repair
3.7.1
Contractor Support Process - Contractor must provide a support process, capable of answering
technical questions and providing technical assistance on 24 x 7 basis. This support includes, but
is not limited to, troubleshooting, programming, repair and maintenance operations.
3.7.2 Help Desk Call Back
Contractor must have a first level technical support person call back to the Bristol Warren
Regional School District within 45 minutes of the Bristol Warren Regional School District's initial
call. At this time, the two parties will exchange trouble ticket information. All subsequent e-mail
or written correspondence must provide the common trouble ticket number.
3.7.3 Warranty Start
The warranty period will commence on the first business day following the completion of the
Acceptance Testing period.
3. 7 .4 Warranty Period
Warranty period will be one year from date of acceptance. Contractor warrants that all
equipment purchased under this contract when installed will be in good working order and will
conform to Contractor's published specifications. All equipment must be new; remanufactured or
refurbished equipment is strictly prohibited. All supplied equipment is subject to these
conditions.
3.8 Experience, Certifications and Insurance
3.8.1 Network Experience
Contractor must have 5 years' minimum previous experience installing, configuring and
maintaining this equipment.
3.8.2 Certifications
TBD
3.8.3 Insurance
Contractor must show proof of: 3.12.3.1 Commercial General Liability Insurance: Aggregate of
$1,000,000.
Automobile Liability Insurance: Limit of $1,000,000 Workers Comp. & Employers Liability
Insurance: $500,000 each accident
4.1 CONTRACTOR INFORMATION
4.2 Contractor Years in Operation
Detail the number of years Contractor �as been in operation.
References
Contractor must include a minimum of three references for demonstrating that it has
successfully implemented solutions of similar scope, size and complexity. The equipment must
have been installed for a minimum of three months.
State Background Check (SCI)
All individuals working for contractors and sub-contractors shall undergo a state SCI and
submit a copy of the report to the school department prior to any presence on site.
5.1 LOCATIONS
1. KickemuitDemarcation Pathways per Building
a. Fiber should follow existing service pathway located on Child Street in Warren RI
and connecting to service pole (located approximately 41 ° 43'44.25"N
71 °15'36.28"W.) Service cables attach to building in the rear North West corner
and run South along the building entering through the weather head located
outside of the MDF (located approximately41°43'43.29"N 71°15'35.30'W.)
2. Hugh Cole
a. Fiber should follow existing service pathway located on Asylum road in Warren
RI entering through an underground conduit starting at service pole (located
approximately 41 °43'31.22"N 71 °15'17.06'W) in the parking lot then following
existing service underground to the MDF (located approximately 41 °43'32.43"N
71 °15'15.33"W).
3. Rockwell
L.J
a. Fiber should follow existing service pathway located on Hope Street in Bristol RI
entering through an underground conduit starting at service pole (located
approximately 41°41'55.48"N 71°16'47.0S"W) and traveling underground into the
basement (located approximately 41 ° 41 '54.94"N 71 °16'48.67"W) continuing
through the building following existing conduit and plenum space to MDF (located
approximately 41 °41 '54.55"N 71 °16'49.55'W)
4. Mt Hope
a. Fiber should follow existing service pathway located on Chestnut Street in Bristol
RI and following service poles located on the east side of the property to service
pole (located approximately 41°41'16.72"N 71°16'7.91"W.) A newservice entry
point will need to be created running from the pole into the second floor (located
approximately 41°41'16.62"N 71°16'8.02"W) as existing services currently run
through boiler room.
5. Guiteras
a. Fiber should following existing service pathway located on Washington Street in
Bristol RI and following service poles located on the South side of the property
entering through an underground conduit starting at service pole (located
approximately 41°40'37.39"N 71°16'36.43'W) then following exiting service
underground to entry point (located approximately 41 ° 40'38.88"N
71 °16'36.93"W) continuing through the building following existing cabling to the
MDF (located approximately41 °40'38.48"N 71°16'37.10"W).
6. Colt Andrews
a. Fiber should follow existing service pathway located on Bradford Street in
Bristol RI and following service poles located on the North side of the Colt
Building entering through an underground conduit starting at service pole
(located approximately 41°40'19.38"N 71°16'35.??"W) and then following
existing service underground to entry point in Colt MDF (located
approximately41 ° 40'18.65"N 71 ° 16'35.03"W) then following underground
conduit to Andrews
7. Oliver
entry point (located approximately 41 °40'20.29"N 71 °16'35.92"W) then
followingexisting cabling to the Andrews MDF (located approximately
41°40'20.71"N 71°16'35.48"W.)
a. Fiber should follow existing service pathway located on State Street in Bristol
RI and following service poles (located approximately 41 °40'16.92"N
71°16'19.91"W). A new service entry point will need to be created running
from the pole into the basement (located approximately 41 ° 40' 17.46"N
71 °16'19.52"W) then following existing cabling to the MDF located on the 1st
floor approximately 41 °40'17.72"N 71 °16'19.02"W)
Notes: There is enough rack space in each building to accommodate termination enclosures.
All terminations should use LC connectors.
6.1 Pricing Worksheets
Bristol Warren Regional School District EQUIPMENT/OPERATIONS Unnecessary For Lit Fiber
Site Equipment Cost Installation/Configuration Annual Management Cost (3Year) Annual Management Cost (5year)
Hugh Cole ElementarySchool
Rockwell Elementary School
Guiteras Elementary School
Colt Andrews Elementary School
Kickemuit Middle School
Mt Hope High School
Oliver Admin Building
Bristol Warren Regional School District LIT SERVICES
Site Contract Length Strand Count Bandwidth Special Construction Costs Non-Recurring Costs Recurring Costs
Hugh Cole Elementary School 10 Gpbs
Rockwell Elementary School 10 Gpbs
Guiteras Elementary School 10 Gpbs
Colt Andrews Elementary School 10 Gpbs
Kickemuit Middle School 10 Gpbs
Mt Hope High School 10 Gpbs
Oliver Admin Building 10 Gpbs
Bristol Warren Regional School District LEASED DARK FIBER PRICING
Site Contract Length Strand Count Bandwidth Special Construction Costs Non-Recurring Costs Recurring Costs
Hugh Cole Elementary School 10 Gpbs
Rockwell Elementary School 10 Gpbs
Guiteras Elementary School 10 Gpbs
Colt Andrews Elementary School 10 Gpbs
Kickemuit Middle School 10 Gpbs
Mt Hope High School 10 Gpbs
Oliver Admin Building 10 Gpbs
Bristol Warren Regional School Dis trict IRU PRICING
Site Contract Length Strand Count Bandwidth Special Construction Costs IRU Charge Annual Maintenance Costs
Hugh Cole Elementary School 10 Gpbs
Rockwell Elementary School 10 Gpbs
Guiteras Elementary School 10 Gpbs
Colt Andrews Elementary School 10 Gpbs
Kickemuit Middle School 10Gpbs
Mt Hope High School 10 Gpbs
Oliver Adm in Building 10 Gpbs
7.1 SCORING WORKSHEET
2020 Special Construction Evaluation Sheet-SLD Template
Factor Points Available
Contractor Pricing so
Ability of the contractor to meet the stated requirements 15
Ability of the contractor to support BWRSD long term 15
Contractor references for comparable installations 10
RFP response completeness 10
TOTAL
RI 52365 I 2014 I Regular Session
Rhode Island Senate Bill 2365 (Adjourned Sine Die)
Status Comploted Legl�fotlVI! Acijot1 StetUsi Passed on July 2 1014- • 10b% prog�s Action: 2014°07--02 "Signed by Gt'Nernor Tex�! Later;t blll text (comrn Sub) [PDr]
Summary RequJrn th0$i:1 _p,;nsons who aro <:ontrilc� employee-:; of <1 private school or pltbllc school d"1pllrtmcnt, Md lr.dlvidti�ls hired by n third party vendor wl10 has controcti:4 wltl1 thf.! prlv.1ta ,clloc.11 or publlc �chool cln?.irtment to provide stlrvlces.
Title School Comml�te-0s /Incl Supe>.rlnto11d111\t:,;
Sponsors
$01) Pawsull Tucker. Hodgson sen Wllllnm j, conl111•1 � ..
Roll Calls
Sen L(lt)t1IQ;i$ p, Rupl�kls
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History
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Bill Cornments
2014 -- S 2365 SIJBSTI'J'UTE A
LCOD4 I cismVLi .1\
STATE OF RHODE [SLAND
lN Gf:NER,\l, ASSUMDLY
JANl,l,\HY S!tSSION, A.D. 1014
AN ACT
IUiLA'['J)�O TO JJDllCATlON, f;CHOOL COMM!trI.UJS AND SUP.8R!NTENDENTS
1Lwt;,,�d1I 13y: S�nu!ora Hodgtlon, lloplokl9, M11Cnffr�y, Ar())i,imb�uh, anti Gm1lQ)'
12.;,!9 I.otrodncod: l'obni,ny 12, 201•1
Rt(tTif.d.To.t Scnnto Judfol:uy
SftCrtON l. $6�tl<10 I (i.2.J 8, t ctf th� O�n�r�f Lnw:i !n ChllJHrr l6-2 <>1lllllc,l ".9cl,c,:>I
2 Co1t:mille�s and Suprrh1tondrnls'' I.• het�l.>y ,11110111bl !a iead pa iollm,·s:
1 } f,-.2.rn.1. c,·tmlrH\t r�:i!LJJ,\_yl�� (a) /.._ny pe11wn �c�kill(l �nii1ivy1nc11t witu q
4 priv,11;, �clwol <n· )iublfo ,,ll<lol !kp�rim::11! who .Im !llli rrnvi,;11�1)' b�c,( cn,pluyi:d b;· n rirk,l�
�chool ct j,110!1,1 a,::woU;epl\(ln!erit i,1 Rht,d¢ lllu1u! <lurlllJl flt� pnsf 11,·ehc (12) nrnulh:;- ill�ll
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16 an<!, willwul cllid,1t11•1) lltii nih1rc of lhe dlsirJ1•lll)•i11g (11f,w1\l;Hlon0 will no\ll'y 1111: cm;ilay�1', l11
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2 (d) 111 (hu3� sltueiJim!I 111 which t\o di�q,wlifyiug iafntl);�/100 ha� b,:c,\ lb111·,i1, the, b111cMt
3 of crb.1itwl !rlGntitkaUon, �l11t11 pnlioo, or lou11l polic� ilcp�r1111�11t tJ1nll int'nnn the spplknnl 1.r,d
� the .::mploy(,r, lu wri!h1g, ornil.; fo�I.
l O � 1h,1,1l d.,;Jllli.i1Mni,J?o11tr;ch1�J..snl2l!l�o;;!J,1(.JJ19_.P.ID'P1u_�ohi:�l!l!:,nuhllo xchool .cl�1rnrtm�11l. r.n<l
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l 7 Th� oppllcent .1hi!)! b� ro�J1an.slblc fu( th� QOP of lr.c: 11nllot1cl mid ll<i!�· <frlnilool rec<>r<� chock.
l 8 (G) /It tho rn,wlu�!on of tho oti111for.l b�okground chock rc,�4fr�d h1 1hi1 s�·:llnn, !ho
19 11lto111oy r,�uc.r;1I, r.\a\� polk:<>, ,:,r 11):Ja\ ralico ,kpadmcnl ,lmll promplly de�lrc'y lhu flni;trprinl
LCOU4)65/SU£l A
llXPLANATION
JW'rHe LWISLATJVll COUNCIL
O!l
RELA'l'INO TO fiPLICA'f10N • SCIIOQ),. COMMIITil!lS Al-ID SUl'l:ftMEMDm-lTS
This nd would i-cqulro 111;:,jo p�1�0lij whu arc coulr�ol �111ployo�-!I of 1\ prlvnto school or
?. p11bli� sohaol c!cperlnlC-111 1 r,m1 ccrfoiu l111llvlchb1l! li[red by 11 third p�r\y •1ond,1r who h;;s
. 4 1rntlonnl urlruli:nl bn,,k!lmu11t! r.haok, r,-rlllt lo or wlliil11 olN wook of c�ployrne1it P.I th,; t(ltG·ol.
5 Thii ntl would ,1!�11 e.xpond ill<' dis,1unlifyir.� i!;forn1�lfoil gr. I.ho t1.1:ioltfll �dmhwl lrnd;8ro1111<l
(J che.J.:10 lr,,:,1\14� oo.uvfoilon.i ofol11ld pc-mrJ5l'fiVhY off�mc1.
7 Th!'� �qi w,nlld tnkll 9.ffccJ llplill pu.rng.;,
l.C004 W/SUH A
!VIUNIClPAL CONTRACT ADDE1'!1)Ui'\'1
RHODE ISLAND DEPARTJVIF.I\'T OF LAIIOR AND 'J'RA.lN!NG
l'llliVAI LING WA GIB REQUWEMENTS (37�13-1 ET SEQ.)
Tlrn prevailing wago requirements arc generally set tbr(b in RIG L 3 7" 13- l et seg. These requirements rnfor to the pi:evoiling rat{! of pay for regular, holiday, and ovetlimc wages to he paid to ci:1ch craftsmen, mechauJc, teamster, laborer, or other type of worker performing work on public works projccits wJien state or mun.foipal funds exceed <me lhous,rnd dollars ($1 )000).
All Prevailing Wag� Contnwtors and Subconu·uuttirs m·e:.: required to:
l. Submit to the Awurding Authority u List of tho contractor's subcontrnctors fo.r nnypa1t or all of tho prnv11iliHg wago work in accordunce with RIGL § 37"13-4;
2. Pny nli pn:vniling wngc crnploy·�es nt least once per week and in nccor<lancc wilhRIGL §37-13-7 (sec Appendix B attnc-hccl);
3. Post the pnwa!Ung wugt.i rntc :;culc Eu1d Uw Dcpurtment of Labor and Tn;iini11g'sprevailing wngc poster in a prominent nnd easily ncccsHiblo pln<.:c on the work :iitcin accordance with lUGL §37-13-11; posters nrny be <low11!011ded atwww.dll.ri.1:::ov/1twfr.osl�rs.htm .• poster/ht.m or obtained from the Deportment of Loborand Troining, Center Gcnernl Complm:, 1511 Pontiac A venue, Cranston, RbodoIsland;
4. Accc,qs the Department trfLnbor and Tral11it1g website, at www.dlt.rj.gov or1 orbefore July 1 �1 of oacll your, until such ti _mc as the coni:rnct is completed� toasccrtnin the current prevoiling wage rules and the a.moi1t1t of payment orcontributions for e.aclt covered prevailing wage employee und 1m1kc nny necessaryndju.slmc11ts to the covered cinployee\1 prev11i1log wage rotes effective July P1 ofer1ch yenr i.n compliance wiih RlGL §37-13-8;
5. Atlncb 1� copy of !his CONTRACT ADDENDUM and its nlinchmenls ns nbinding obligation lo nhy and all uonl.racl'.l between the contractor nnd nnysubcontnlG!ors and their nsRlgnecs forprevniling wag(:· work pcrfonrwd pursuantto this contrnct;
6. l>rovi<le for (he payment oC ovcr1ime. for prevailing wngc employees who work in exces..q oJ' eight (8) hour:; io nt1y OHC dny or forty (40) homs in uuy one week nR provided 1>y R.IGL §37-13-10;
7. Maint,dn nccutale prevairing wuge employee jrnyroll !(;COJ'cls ou fl lthode lslah<lCeni!kd Weekly Payroll fonn nvailablc for dov;.nload atwww.cllt.ri.gov/uw.forms/htni, f\S Jcquirc<l by R1GL §37�13-13, and nwkc lhos�recoi-ds i:wallabk to t11e Dl!J),W!fl1l�l1.t of Labor and Training upon request;
8. Fumish tho fully executed RI Ccrti ficd Weekly Payroll Form to tho awnrclingauthority ou a rnontb.ly biuds foi- it.II work completed iit the preceding month.
9. I7or general or primiu-y c.on,lracts one million dollars (S 1,000,000) or more, 8hallmnintain on the work site a fully exe,,ut�d RI Ceitified Pre-vnili.ng Wage DailyLog listing the contractor's employees employed each dny on the pu1Jlic workssito; the RI Certified Prevailing Wage Dully Log �hall be uvailuble for inspectionon the public- works site at all times; this rnk sfo1U not apply to road, highway) orbddgc public works projects. Where 11pJJlioablc1 Cumish boU1 the Rhode TslnndCertified Pr0vailing Wage DaHy Log togclhcr wilh the Rhode Ishrn<l WeeklyCertified Po.yroll to the awurdi.rig authority.
10. Assure Lhat all covered prcvaillng w1igc ctnployt.-'Cs on coni;lruction projcct1:> with a(otnl project cost of one hundred thoustuid dotJorn ($1 00,000) or more hns aOSHA t�n (10) bot1r construction s�foty c0rtiftcalion in compliance with RTGL §37·23-1;
I I. Assure that all prevailing wage employees who pcrfo1m work which req1drcs n Rhode Island trade licc-rtse possess the appropriate RJ1ode Island trade lic�.nse in complinnce with Rhode Island law; and
12. Comply with all applicable provi.,;ioas of RIGL §37�13-1, ct. seq;
Any questions 01· concerns regarding this CONTRACT ADDENDUM should be addressed lo lbe coutractor or subcontrnctor's attorney. Additional PrevaiHng Wage i.rifom,at:ion tnay be obtained from tho Department of Labor mid Trai n[ng al www.dltti.qov/ow,
CERTIFICATION
r hereby ccl·tify that I luwe reviewed this CONTRACT ADP.BNU.M rtnd understand my oblign1ions as stated abow.
By: ____ �------�
Title:
Subsctibcd and swom beforo me Ch.is-== day of�_,-----e• 20_.
Notru}' Public My commission expires:
---�---· ,,,.. -----.,- . ,,-----r-· -------�,.,...-·-��
[)Ut,5'.lDJJ:CONTRAC'I'OR A CJCNO fVLED GHA1BNT SJ!A T'E1.11EflT FORM . . -- -
CoITJixmy Numc: ___ --·-------"·.
AdclrcRs: �--------��-�-.. -----
CiW: ____ _ ----�--- Slit to: ----· Zip Codo: ·--�- -·�
Type of Busirtes�:
Lo'calion of Contmcr Work: Areo: ---·-�------
Ty_pe of \vt>rk. beiJ1g 1Hirfonncd; ____ -��--
I hove r(!nd th� pertinont scctiou($) oftht1 Operntions and lvfoiiHennnco .lvfat1Hf6cment Plnn regarcllJlg i�·qut,ona am! O(Htd[tions of existlilg asbcs'to1H;ont11luiug bu1Jdbig urnterfoL� (ACDM);
1 i1oki1owh:<lg� tho locati.01i&-(ll) nod condltions- of ACB,'[y{ and :PAGM ns idtonli.Oc<l ln tbo plnn, mid !lgri,1c to co111ply wi!� till i;ect\JlrementiJ (pc.rs6m1J protcctio'11 ) tr1_1ini_og rcqulrcments, etc.) um! tlw procudmes cn1t!Lned therein.
CorJ!arale 0[/lcm· or JJrlnctpnl
-�-��-·•""
· ·· �----- a
Signil!urn
Date
Bmploycc-:i porf<Jrmiug work ut gin,
rl.ntpl<>)'�O "�----�---·
Signriturc
·��--�·---··�·----·-·--
Dtl!C
Sttpcrv/sor or For't/m(lll
Sigonturo
Dntc
D�p\lC.llfll fol' 1Hld.lU01rul 6111ployM
Bmploy,i911__ _____ ��� .. �,-·
S!gnnturc- -
Prlnt 'f,,fa1M
>---------�--"""""""�·--_..,,.,::;.«�- �
Dato
Cnl>.P'ffln8_ The Qpcmtlons & Mnl11tc1!n11ec.PrognH11
F.,xnrnplc Form 5
�\,;�.k-�¢i·�R1i �ii)pticnuon ·_ . ·_ .. ·, _-:':. � �
0
��·;:7: '.: :.'1 · : �
;:'_ :_. ·:- _;,_·,
___ ...., ___ �__..·, .���·�;/.1 Jf·:_:�' :::? .. : J :.;_-i ... · - . �.>.·. :}: .:,) :_:.:·: ... J _;
J, .AdJrcs�, bulldlng, a1id rno111 numb·OJ' (Oi' ctescrip1io11) wheri.l work I� to be pcrfurn1ed:
1. Requosi·c<l slarli11g dote:, _____ Ailliclpalco finish date: ______ �-- __ ___ _
ii. Descdptinu of nny osbestos--conlnining 11UJ!cru:il tbnt Jrught be nffcctc<l, i(known (inolµ<lclo�'<1tion 011<1 typll):
----�··----------------.-----
------------- ----------�--·-�--� ---
5. �fame nn<I tt>lcphol\c numbet' ofreq11i;stor:,.____,_�-,-- ---��-------
6. Name nud tclcµhone number of supervisor: __ �----=�-��-=--
Nd'fl.'lr Att 11p11lic;11Uon 11msi be submi(tcd lox nil tlrninton:rnce work wuolher 01· nut asbcst(,s·coJ1toil1ing material mlgl!t .hc ofi;.wt�d. lhi!i outhorlzntio.n most t\1ey11_oa slgncll before (liJ)' WIJrk can proCC<!d.
Omnfi:d (Work l1e11ni! No._J Diml1;d (Seo Asbcslo!l PtOli,l'!1rU Mnuagcr) Oeoiod ((111lH f\n(her sornpHug i:1 conducted)
Signed __ -,---·-----��AsbcstQs Progrntu i'vlnllngcr
·69-
Date: ___ �.---
!nit.
�I AI.A Document A312'" - 2010
Payment Bond
CONTRACTOR: (Name, legal status and address)
OWNER: (Name, legal status and address)
CONSTRUCTION CONTRACT Date: Amount;$ Description: (Name and location)
BOND Date:
SURETY:. (Name, legal status and principal place of business)
(Not earlier t!ta11 Co11stri1ction Contract Dµte)
Amount:$ Modifications to this Bond:
CONTRACTOR AS PRINCIPAL Company: Signature:
Naine and Title:
(Corporate Seal)
I None
SURETY Company: Signature:
Name and Title:
See Section 18
{Corporate Seal)
(Any additional signatures appear on the la:i·t page of this Payment Bond.)
(FOR INFORMATION ONLY- Name, address a11d telephone) AGENT or BROKER: OWNER'S REPR�SENTATIVE:
(Arclti/ect, E11gi11eer or pt her party.)
ADDITIONS AND DELETIONS: The author of !his document has added information needed for Its completion. The author may also have revised !he text of the original AJA standard form. An Addiitons and
Deletions Report that notes added informallori as well as revisions to Iha standard form text Is available from the aulhor and should be reviewed. A vertical line In the left rriargln of this document Indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text.
This document has important legal consequences. Consultation wilh an attorney is encouraged wilh respect to Its completion or modification.
Any singular reference to Contractor, Surety, Owner or other party shalf be considered plural where applicable.
AIA Document A312"' -2010 Payment Bond. The American fnslifule of Archflecl�. All rlohts reserved. WARNING: This AJA'; Doc111nont I• prntcctcd hy U,$, Copyright Low nnll lntcrnatlonnl 1'rcatles. Uunulhorizod reproduction or distribution or this AIA.;. Docu111ent, or nny portion or it, ,nay rbsull In severe civil and criminal penalties, and \•iill he prosucut<id lo tho maximum oxtcnl posslhlo un<lor tho law. This document was produced by AIA software al 11:54:57 on 09/25/2017 undor Order No. 6237072998 which expires on 02/07/2018, and Is not for resale.
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User Notes: (3B9ADA2F)
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§ 1 The Contractor and Surety,jointly and severally,'bind themselves, their heirs, exec\1ton;, 'adn'J.inislralors,Sliccessors ahd assigns to the Owner to pay for labor, materials and equipment furnished for ,1se in the perfonnanteof\he Construction Contract; which is incorporated herein by reference, subject to the.fo)lowingtertns, ·
§. 2Jfthe Contractor promptly makes payment of all sums due to Claimants, and de(cnds,.indcrnnifics iln<lho)dshannless the Owner from claims; dcmands,liens or suits by uny person or entity seeking payment for labor,materials or equipment furnished for use in the perfomrnnce of the Construction Contract, theh the Surety.and theContractor shall have no obligation under this Bond.
§ 3 lf there is no Owner Default under the ConstmcJion Ccmtr�ct, the. Surety's obligation to the Owner m.1der thisBorid shall arise after the Owner has promptly notified the Contractor)1Jid.the Surely (at the address d.escribed inSection· I 3) of claims, demands, liens or suits against the Owner oi· the Owner's property by any pcrsqn or entityseeking payment for labor, materials or equipment furnished for use in the perfom:rnnce of the Construction Contractand 1ende:red defense of such claims, demands, 'liens or suits to the Coritracfor and the S.urcty;
'§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptiy,and &t the Surety 1s expense defend, indemnify and hold hannless the Owner against u duly tendered claim, demand, lien. or suit,
§ 5 The Surety's obligutlons to a Claim11nt under this Bond shall arise:afler the following:
§ 5.1 Claimants, who do nol have a direeJ.contract with the Contractor,· .1 have:fumished a written notice ofnon-payrne11t to the Contractor, stating ,vitb. substantial accuracy the
amount claimed ,md the nau1e of the party 'to whom llie materials wc:rc, or equipinent was, furnished or supplied or for whom the laboi: was done or performed, wi\hin ninety (90)-c!ays after havh1g last pcrfom1ed labor or last furnished materials or equipment iiloiud¢d in the Ciaim; anc:I
.2 have sent a Claim to the Surety (at the addl'css described in Section 13),
§ 5.2 Claimants, who arc cmployeo by or have a direct ccintraelwith the Contractor, have sent a Claim to the Surety(at the address;described in Section I 3).
§ 6 If a notice of non�payment required by S1,ciion 5.). I is given by the Owner to the Contractor, that is sufficient tosatisfy a Claimant's obligation to fur:nish a written notice of 1ion-p11yment under Section 5,1. L
§ 7 When a Claimant has satisfied the conditions of Secticins,5.1 or 5.2, whitheV<;r is apJJJicable, the Surety shallpromptly and at the Surety's expense take the following,aptions:
. ·
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,stating the amounts that arc undjspufed and the b;isis for challenging·aily ari1ot1nts that are disputed; and
§ 7.2 Pay or anange for payment of any undisputed a,no,mts.
§7.3 The Surety's failure to discharge its obligations under Sec;:tion 7. I or Section 7.2 shall not be deemed toconstitute a waiver of defenses the Stirety o,r Contractor rJay have or acquire as to a Claim, except as to undisputedamounts for which 1he Surety and Claiinanthav.e reached agreement. If, however, the Surety fails to discharge itsobligations under Section 7.l or Seciion 7.2, the Surety shall indemnify the Claimant for the reasonable atiomey'sfees the'Claimant incu,:s thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus ihe amount ofreasonablc attorney'sfees pr-0vidcd u,1dcr Section 7.3, and the amoJ1ht of this B�>nd shall be credited for a11y payments made in good faith����
§ 9 Amounts owed by the Owner to the Cori tractor under the Construction Contract shail be used for theperformance of the Construction C::ontract and to satisfy claims, ifa:ny, under any construction perfonnance bond.By the Contractor fmnishing and the Owner accepting this Bond; they agree that all funds earned by the Contractorin the perfonn;mce pfthe,Construction Contract are dedicated to satisfy obligations of the Contractor and Suretyunder this Bond, subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312™ r 2010 Payment Bond. The American Institute of Architects. All rlohts re�erved. WARtllNG: This AJA�' llocumcnl Is protcclcd by
U.S. Copyright Lavt 011d lntcrnolional Trr,allus. Unauthorlzr.d roproducllon or <llstrll111llon of this AIA" Documont, or any poillon ol 11, may ro5ull In GOVflr£ civil mid crimlnol penalliijG, nnd will ho prQsecuted lo the maximum oxtoni posslblo 11ndor tho law. Tlils document was produced by AIA software al 11:54:57 on 0�/25/2017 under Order No. 6237972998 which expires on 02/07/2018, arid Is not for resale. User Notes:
· (3B9ADA2F)
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§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contrac1or that areunrelated to the Construction Contrnct. The Owner 11hall not be liable for the payment of any costs or expenses ofany Claimant under this Bond, tlnd shall have tinder this Bond no o�ligation to make payn1ents to, or give notice onbehalf of, Claimants or otherwise have any obligations to Clainrnnts under; this Bond.
·
§ 11 The Surety hereby waives nodcc of any change, including changes oftiinc, to the Construciion Contract or torelated subcontracts, purchase orders and otlier obligations.
§ 12 No suit or action shall be commeticed by a CJainrnnt under this Bond other than in a court of competentjurisdictio11 in the state in '-''Jiich the project thal is the subject of the Constn1ction Contract is located or after theexpirntion ofoneycar from the date(!) on which the Claimant sent a Cla�m to the Sutety pursuant to Section 5.1.2or 5.2, or (2) on which the last labor cir service was pcrfonned by anyone or the last.m?.teri�ls or equipment werefurnished by anyone underthe Constniction Contract, whichever qf ( J) or (2) fjrsl occurs. If the provisions of thisParagraph are void or prohibited by law, the minimum period of limitation ;ivililable to sure.ties as a defense in thejurisdiction of the suit shaH be appllcalile:
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall he mailed or delivered to the address shownon the page on which their signature appears. Actual rec�ipt of notice or Claims, hci�evel' accomplished, shall besufficient compliance as of the elate received.
§ 14 When this Bond has been furnished lo comply with a statutory or other legal recjliirement in the location wherethe construction was to be perfonncd, any provlsion in tliis, Bond conflicting with saiq statuto_ry or legal requjrementshall be·deemed deleted hercfrom and provisions conlbrmii1g to such st�t\itory or other legal n;quitcmeilt shall bedeemed incorporated herein. When so furnished, the intent is that this Bond shall pe cpristrued as il statutqry bondaI1d noi as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this B01)d, the Contractor andOwner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions§ 16.1 Clain). A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 !he name of the person for whom the labor was done; or materiais or equipment furnished;
.3 a copy ofthe agreement or purchase order pursuant to which labor, materials or equipnient was fornishcd for use in the pe1fom1ance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished; ,5 the date on \Vhich the Claimant last performed labor or last furnished materiais orcquipmen;t for use in
the performance of the Construction Contract; .6 the total amount earned by the 'Claimant for labor, materials or equipment furnished as of the date of
the Claim; .7 the total aniount of previous paymenis received by the Claimant; and .8 the total i1moun1 due and .unpaid to the Claimant for labor, materials or equipment f\u:n1shed as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor oftheContractor to furnish labor, 1nuterinls or equipmentfor use in the perfonnance of the Construction Contract. Thetenn Claimant also includes any individual or eniiiy that has rightfully asserted u claim under an applicablemedu1nic's lien or similar statuie against the real properly upon which the Project is located. the intent of this Bondshall be to include witJ1011t limitntiop in the terms "labor; materials or equipment" that part of Water, gas
1 power,
light, heat, oil, gasoline, telephone 'service or rental equipment used in the Construction Contract, architectural andengineering services reqtiired for perfonnance of the work of the Contractor and the Contractor's subcontractors,l\nd all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials orequipment were fumislu:d.
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§ 16.3 Construction Contract. The Mi'eement between the Owner and Contractor identified on the cover page,including all Contract Docurpents and all changes made to the agreement and the Contract Documents.
AIA Document A312"' -2010 Payment Bond. The American lnslllute of Archltecls. All rights rese.rved. WAIWING, This AJA\• Document is protr.r.tc<I by U.S. Copyright Law ancl lntonlnlional Trnatlcs. llnauthorh:orl roproducllon or dlslrihution of this AIA'· Docu111c11t, or any portion of it, may ro6111l In sovbro civil uncl criminal ponnllios, Hnd will.lie proseq,tc<I to the m�xlrnum cixtont possible undc1 Ilic l111v. This document was produced by AIA software al 11:54:57 on 09/25/2017 under Order No. 6237072998 which expires on 02/07/2018; and is not for resale. Ufior Notes:
' . · · · (389ADA2F)
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§ 16.4 Owner Default. Failure of the Owner, which has not peen remedied or waived, to pay the Contractor asrequired under lhe Constrnction Contract or lo perfo1m .nnd complete or comply with the other material terms of theConstruction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contraclor.
§ 17 If this Bond is issued for nn agreement between a Contractor and subcontractor, the term Contractor in thisBond shall be deemed to be Subcontractor and the terni Owner shall be deemed to be Contractor.
§ 18 Modifications to thi:; bond are as follows:
(Space is provided below.for additional signatures o.f added parties. other than those appearing 011 the cover page.) CONTRACTOR AS PRINc;:IPAL SURETY Company: (Corporate Seal) Company: Signature: Signature:
Name and Title: Name and Title: Address: Address:
(Corporate Seal)
AIA Document A312"' -2010 Payment Bond. The American lnstilule of Architects. All rights reserved. WARNING: This AIA'' Document Is prater.le cl hy U.S. Copyrlghl Law an<l l11lcrnnl1011al Troatics. Unaulhorlzad roproduclion or clistrlb11t1011 of this AIAi' Docu0101lt, or any portion of ii, may rcfiult in sovorc civil n11d crhnln�l 1io1rnlllos, and wlll b� prosocutod lo !he maxhnuni extont pousihle under the ta1v. This d.ocumenl was produced by AIA software at 11 :54:67 on 09/25/2017 under Order No. 6237072998 which expires on 02/07/2018, and Is not for resale. U&er Notes: (3B9ADA2F)
4
1r.."·I01201--1 'l{J,?., IR.2
TITLE 16
Educatio11
CI-IAPTER 16-2 School Co1nn1.ittees and Superintendents [See Title 16 Chapter 97
- The Rhode Island Board of Education Act]
SECTION 16<2�18.2
§ l.6-2-18!2 l1l'io1· c.dminnl l'ccords checks. -lf till <1pplicant for employmcm( has undctgo11e·anntional and stnt0 crirninal 1•ccords chock within twelve (12) months pdor to an application for e.mploynrnnt, the employe1· may request from the bureau. ()f criminal idontificution or I,jcal policedepartment n lol:tor indicatiog tho presence or abscuce of disquaHtying infonnation. The bureau ofcriminal identification will respond without disclosing U10 natiu;e of the dlsq ualtfying lnformution. Th�lettor mny be mair1t1.1foed on fiJe to satiBfy tlrn requi.rements of this clwpter.
. .
History of Section. (P.L. 1998, c-h. 31.5, § l; P.L, 2001, ch. 286, § J.)
I 1llp:1;<v1ti.morvor.rl!I r1.�!r>J.u.rf ,1,,{Sfal11lr;<1ff1T Ll'.1rYI (J<?./·1 fl...Z-10.:U IT f.l Ill
APPJ:i:NDJXA
TITLE37
Public Propctty and Works
CIIAPTER 37-13
Labor and Pay1nent of DeJ:>ts by Contractors
SECTION 37�13-5
§ 37�13�5 Pi-1y1wmt for h"ucking or n111t·ol'inls furni.shc.cl - Withholding of sumsdue. - A contractor or subcontractor on public ·works authorb;ed by a proper cmthority shu.11 pay any obligation or chnrge for truck[ng and material which have been forctish�<l for lb$ use of the l:ontrn(!tor or subconlrnctor, in coru\eciion with the public works be!ng pcrfort11cd by him m· her1 within ninety (90) days nllcr the obligation or charge is incufrc<l or the lrucking service has bee1i p�rformed or the mukrinl hos bilen delivered lo the site of the work
1 w11icbcver is later. Whon ii is broi1ght to the notice of tho propGr m1thorHy in
u cHy or town, or the propc� Ernthorlly in the state having supervision of the contruct1 that
tlie obligation m· chru·ge has not been paid by the contractor or subcontrnctor, U1e proper authority may deduct r.nd hold for n period not cxcoeding six(y (60) days, from sums of money due to th!;} contractor or subconlrnctor, the cqt1ivalort( amount of such sums certified li.Y n -truckcr or matetlulmun creditor ns due ltim or her, !J..'l provided in this section
) and which the proper uuthodly determines is reasonable for true.king pcrforn1cd
or malcl'ir1ls fumisllcd for the public works.
APP IrnNDJX B
TITLE 37
Public Property and ,vorl{s
CHAPTER 37-13 Labor and Payment: of Debts by Contractors
SECTION 37-13-7
§ 37-U-7 Spcdficntiou il1 conLrnct of amount 1111d frequency of payment of wages.- (n) Eve1y call for bids for every contract in excess of one thousand dollars (Sl,000), towhich thestate of Rhode Island or any politioal subdivision thereof or 1my public ngencyor q1,rnsi-p�1bric agency is a party, for construotio11, altorntiot:1t und/or repait� inoludingpainting and decornting, of public buildings or public works of the-slate of Rhode falnndor any _political subdivision thereof; or any public agum�y or qum,;i�public agcttcy andwhich requin,s or involves the einployment of employees, shall cont11in a provisionstating the minimum wages to be paid various types of employees which shall be busedupon .the wages that will be d1etc11uined by the dir1,c\or of lnbor ilJld lrni.n.ing lo beprevailing for the corresponding types of employees employed 011 projects of u charactersimilar to the coulract work in the oily, tbwn, village, or other nppropriatc politicalsubdivif;ion of the slate of Rhod� Island in which the work is lo be performed. Everyconlrnbt shall contain o stipidntion Hmt'the contructor or his or hcrsubconlrnctor shnll payall the employees employed directly upon the site of tho work, uncondltioually mid notkss ot\en thnn once u week, nnd without subsequent ded11ction 01· rebate oh any account,the full ammznts accrued nt time of pnyme11t computed nt wuge rates not less than those.stated in ihe coll for bid!l, regardless or any contractual relntionships whicl1 may bealleged to exist between lhe contractor or subcontractor and the employees, and thnt thescnle of wagt.\i to be pnicl shnll be posted by tlw oontrndor in n prominent and c1:1silynccessible place at the site of the work; nud the fiirther stipulation that there may be\Vithheld from the contrnc(or sc> much of tho accrued paymcnCs ns may be considerednecessary lo pay to the employees emrloycd hy tho contrnctor, or any subcontractor onthe work, lhc difference bet-ween the i-atcs of wages required by the contt·act to be paidthe crn1Jloyees on the work ill1d (he rates of wnges received by !he cmployct�s·a11d notrcfimdcd lo tbo co11tn1cto1\ subcontractors, or their agents.
(b) Th� tcnns "wogl,s11 , '1sc11ic of wages'!, 1\11agc ra1es'1; 1'minin1un1 wages\ and1 'pr�vaiJing wuges'' shali include:
(1) The bnsic hourly rate of pay; and
(2) The amo u1i! bf:
(A) rr.hu nl!() of contribution mado by a contractor or subcontractor to n lrnstee or to nthird person p11rsu11nt to u fund, plan, or program; (llld
(8) 'l'he rate of cos�s lo the co11trnctor or subcontractor which may bo reasonablyanticrpated in providing bendils to employees pursum1t io nn enforceable comrnirme.nt lo curry out a finnndaliy ro.sponsiblc pfou or progrnm which was comrnunicntc-d in writing to tlic employees nffoctcd, for .medlcol or hospltu.l care, pensior1s on retirement or cteatb, compens11(ion for h1iudes or iUness resulting from occuJ>ofional act ivi ty, or insun,ncc to provide any of the forcgoJng, for uncrnploymop.t bcnefil.s, life it1st.n-1111ce, disabiJ ity and siclmess iitsur11m:e
1 01· n�cidcnt i.11:Jurnncei for vncntiou and holiday pay, for defraying
costs ofapprenticl;lswp or other slml lal' .programs1 or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other fc.dcrttl, state, ot locnl lnw lo prnvido flliY of Lht� benefits; provided, that the obl igation of n co11lrnctor or subcontnictor to mnlce pnymont in accord011ce with tho provoiling wage determinations of ,the dil'cotor of labor aud training insofar as this chapler of this title aod ·othcr ncls incorporating this chapter of this tille by reforenoe ore concerned may be dischurged by the making of payments in cash, by the making of contributions of a lypc roforrc<l to in subsection (b )(2), or by the usstunption of an euJ;brceable commitment to bem the costs of o plu.n or progrnm of n type referred to in thi� subdivision, or nny combination thereof,where the uggregate uf any payments, contributions> and coses Is not less tlmn the mte ofpay described in subsection (b)(l) plus the amount rcforred to in subsection (b)(2).
(c) The term 1 1employees", as used in this section, shall include employees ofcontractors or subconlrnctors p<irformu1gjobs 011 various types of public, wod<s ioclu<ling mechanics, upprcrili<..:os, lc<1mstcn;, drnufteurs, and lnbon;J(S engaged in the transportntion of gravel or fill to the site of pubHc works, the rcrnoval and/or delivery of gravel or fi l l or ready-mix co.nc-rete1 sand, b ituminous stone; or asphalt flowable fi ll from the site of public works, or the trnnspo1intion or removal of gravel nr fi l l from onu location to another on the site ofpuhlic works, and the employrnent. of the employees shull be subject to tlie prnvisions of$t1bsections (a) and (b).
(cl) The terrns ))public ngencyl; nnd "quusi,public agency11 shall inc,Jt1de, but ;not bel imited to , the Rhode lsland industrial recreational buildiJ1g 1.1uthority
> the Rhode Islc\nd . ecouomJc development corporntioh, ( he Rhode Island nirport c9rpornticJJ1, lho Rhode Lifond industrial fac.ilities corporation, the Rhode Island refundmg b01Jd i1u lhodty, Lhc IU1odc fsfand housing and mortgage finance corporation, the Rhode Island resource re'.!ovcry corporation, the Rhode, Islun<.l J)ublfo trnnsH nuthotity, the Rl10de I�land student loan uoth,jrity, UH! waler resources boru·d corporate, the Rhode Island health and education building corporution, the Rhode lslund higher c<lucl)tion assistance outhority1
th� Rhode Isln.nd turnpike ond bridgo mtthorit)', Um J�:.i.rrngiws<,tl Bay Willer quaUly management district coinmlssion, Rhode Island tclecommun.icr1tio11s ilulhority, the convention contor irnthori ty, the board of governors for higher education, the bonrd of rngunts for clementnry ond sccondt1ry educ..:utio;11 lhl;} cupHul cco(ei· commission, lhe housing resources conuuission> lhe Qncmse( Point-Davfovi lk management corpot'atio11, the Rhode Island chi ldren's crusade for higher education, the Rhode lsland deJ)ORitors l;)cono rnic pro!ec:tion c:orporntkm, the lUJode Lsllllld lottery CODUHis:iio11, (he Rhodu Ishrnd
p11rt11erg1Jip for sciEJn<,:(;! nnd technology, the Rhode falattd public building llllthorily, nnd tbc Rhodu lslnnd undergrmrnd storage tank board.
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Perlormance Bond
CONTRACTOR: (Name, legal status and address)
OWNER: (Name, legal status and address)
CONSTRUCTION CONTRACT Date: Amount;$ Description: {Nai1ie m1d location)
BOND Date:
ocument A312TM
- 2010
SURETY: (Name. legal status and principal place <?(business)
(N{lt earlier than Co11str11cfio11 Contract Date)
Amount:$ Modifications to this Bond:
CONTRACTOR AS PRINCIPAL Compnny: Signature:
Name and Title:
(Corporate Seal)
I None
SURETY Company: Signature:
Name and Title:
I Sec Section 16
(Corporate Seal)
(Any additional signatures appear 011 the last page of this Pe1jor111a11ce Bond.)
(FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect. Engineer or other party:)
ADDITIONS AND DELETIONS: The aulhor of this documenl has added informallon needed for its completlon. The author may also have revised the text of the original AIA standard form. An Additions and
Deletions Report that notei; added lnformalion as well as revisions to lhe slandard form text Is available from the author and should be
reviewed. ·A vertical line in the left margin of !his document Indicates where the author has added necessary Information and where the author has added lo or deleted from !he original AIA text.
This document has important legal consequences. Consullatlon with 1:1n attorney Is encouraged wllh respect 10 lls complelion or modificalion,
Any singular reference to Coniraclor, Surely, Owner or olher party shall be considered plural where applicablE!,
fl.IA Document A312"' - 2010 Performance Bond. The American Institute ol Architects. All rights resorvod. WARNING: This Alf\';- Document 15 protected by U.S. Copyright Law ond International Trca_tles. Unauthorized reproducllon c,r distribution of this AIA'!· Oocumont, or any portion of it, may rosull In sovore civil an(f crlrnlrwl penalllr.s, and will ho prosocutorf lo tho maximum extont posslblo under tho law. This document was produ�ed by AIA sof�vare at 11:29:52"on 09/25/2017 under Order No. 6237072990 which expires on 02/07/2018, and Is not for resale.
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User Notes: (3B9ADA2C)
!nit.
§ 1 The Contrac1or and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,successors and assigns to fhe Owner for the perfonnancc of the Constrnction Contract, which is ii1Cotporated hereinby i'eference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Coritriictor �hall have no ob)igationunder this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 Iftherc is no Owne1· Default under the Construction Contract, the.Surety's obligation �mcler this Bond. shull ariseafter
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring ii Contractor Default. Such notice shall indicate whether the Owner is requesting a C()nference amol}g the Owner, Contractor and Surety to discus� the Coo tractor's perfoi"nian�e. lf the o,vner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. Ifihe Surety timely requests a c01iference, the Owner shall.attend. Unless the Owner agrees otherwise, any conference requested under this Sei,:tion 3.1 shall be held wiihin ten ( 10) business days of the Surety's receipt of the O\vner's notice. If the O\vncr, the Contractor and the Surety agree, the Contractor shnll be allowed a reasonable time to perforin the Construction Contract, but sµch an agreement $hall not woiye the Owner's right, if any, subsequently to dech1re a Contractor Default;
.2 lhe Owner declares a Contractor Default, termiirntes the Construction Cotitrac.t and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Cori tract Price in iiceorc\ance with the tenris of the Construction Contract. to tile Surety or to a contractor selected to pcrfonn !h� Constructfon Contract.
§ 4 Failure,on the part of the Owner-to comply with tlw notice reqtjirerirnnt in Section 3.1 shall not co1istitutc afailure to comply with a condition precedent fo the Sutety's oblig<Jtions, or release the Sprety from its obligations,except to the extent the Surety demonstrates act1..1al prejudice.
§ 5 When the Owner has satisfied the conditions ofSection 3, th<.! S11rety shall promptly and at the Surety's expensetake one of the followii1g actions:
§ 5.1 Arrange for the Coniractor, with the. c011sent of the Owner, to.perform a:nc\.c()rnplcte the Construction Contract;
§ 5.2 Undertake to pe�form and complete the Con�trnction Contractitself, througl1 its agents or independeht contractors;
§ 5.3 Obtain bids or \1Cgotiated propos<}IS from qualified contractors acceptable to the Owrn,r for a contriict forperfonnance and completi011 of the Construction Contract, arrange for a contract to be prepiired for execution by the:.Owner and a contractor selected with the Owne-.:'s concurrence, to be secured With pei;fonnance onu pay1nent bondsexec1ited by a qualified ;,un:ty equivalerit to the bqncls i1isi1ed qn the Construction Contract, and pay to the Owner theamount of damages 11s described' in Section 7 in excess of the Balance of the Contract Price incurred by the Owneras a re�ult of the Contractor Default; or
§ S.4 Waive its right to p\lrforin and complete, ai,ringe for completion, or obtain a new contn1ctor and withreasonable promptness tinder the circumstances:
.1 AHcr investigation, dctern)ine the amount for which i! may be liable to the Owner and, ll$ soon its prnctic;ible after the amount is determined, titake payrhent to the O\vner; or
.2 Deny liability in whole oriil part and.notify the Owner, citini; rthe reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable prnlhptncss, the Surety.shall be deemedto be in default on this Bond seveh days il'fler receipt of aii additional written notice from the Owner to·thc Suretydemanding that the Surely perform its obligations under this Bond, and the Owner shali be entitled to enforce anyremedy available to the Owner. If the Surety proceeds as provided iii Sectio11 5.4, and the Owner refuses thepayment.or the S11rety has denied liability, in whole or 111 pllrt, withoiit further notice the Owner shall be entitled toenforce any remedy av11ifoble IQ the Owner.
AIA Document A312"' -2010 Performance Bond. The Amellcan lnslilute of Archllecls. All rights reserved. WARNING: lhls AiA" Document ls protr.�tod hy U.S. Copyright Ll)w 1111d lnlcrnation,,I Treaties, Un�t,thorlzod roproductron or cllslrlbutlon or !his AIA-'' Documonl, or uny portion of it, 111ny ros11lrl11 sovoro clv!I and crimlri«I pcnnlliou, nnd will be rrosocutocl lo tho mnxin,ur,1 extent possible under tho r;1w. This document was produQlid by AIA software at 11:29:52 on.Q9i25/2Q17 under Order No, 62:)70729$6 which expires on 02107/2018, and Is not for resale, Usor Notos:
. . . . . (3B9ADA2C)
2
lnft,
§ 7 Ifihc Surety elects to act under Section.5.1, 5.2 or 5.3, then 1he responsibilities of the Surely to the Owner �hallnot be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner tothe Surety shall ,not be greater than those of the Owner under the Construction Contract. Stibjcct to the commitn1entby the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, ·for·
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contr11ct;
. 2 add.itional legal, design professional and delay costs resulting from the Contractor's Default, ,md resulting from lhe actions or failure to act of the Surely under Section 5; a11d
.3 liquidated damages, or ifno liquidated damngcs arc specified in the Constmction Contract, actual damages caused by delayed pcrfonnance or non-perfonnance of ihe Contractor.
§ 8 lfthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited 10 the amount of thisBorid.
§ 9 The Surety.shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to theConslruction Co1itract, and the Balance of the Contract Price shall not be reduced ·or set off on account of tli1y suchunrelated obligations. No Tight of action shall accrue on this B·ond to any person or entity other than the Owner or itsheirs, executors, iidministrators, successors and nssigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to lhe Construction Contract or torelated subcontracts, purclrnse orders.and other obligations. ·
§ 11 Any proceeding, legal or equitable, under this Bond may be. instituted in any court ofcompctent jurisdiction inthe location in which lhe·\vork or part of the work is located ancl shall be instituted within two years a fler adeclaration of Confr11ctor Default or within two years after the Contractor ceased working or within two years afterJhe Surety refuses or foils to perform its obligntions,tmder this Bond, whichever occurs .first. If the provisions .of thisParagr�ph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdidio1i of the suit shalLb.e applicable.
§ 12 Notice to 1he Surety, the Ownel' or the Contractor shall be mailed or delivered to the address shown on the page011 Which th.eir sigiJature appears.
§ 13 Whet) this Bond has been furnished to comply with a statutory or other legal requirement in the Jocatio11 wherethe cons.tructioll was to'be pe1:.f01med, a11Y �rovision in this Bond conflicting with said stMutory or legal requirementshall be deemed deleted herefrpin and provisions conforming to such statt1tory or other legal requirement shall bedee1i1ed incorporated hen�in. When so furnished, the i11tcnf is th11t this Bond s-hall be consirned as a statutory bondand not as a common law bond.
§ 14 Definitions§ 14.113alance of the Contract Price. The total amount 1fayable'by the Ownedo the Contractor under the ConstructionContract aftc.:r all proper adjustrnents have been made, including allowance to the Contractor of any amountsreceived ot to be received by the Owner in settlement of insurance or other claims for dnmages to which iheCoi1tractor is epdtlcd, reduced by all valid i11id proper payments niade to or oh behalf of the Contractor under theConstruction Contract.
§ 14.2 Construction ¢ohtract. The agreement between the Owner !Ind Conn:actor identified on the cover page,including aU Contract Documents and cj,anges inade to the agreement and the Contract Doc\urnmts ..
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied qr waived, to perfonn or otherwiseto comply with a moterial tenn of the Construction Contract,
§ 14.4 Owner Default. Faihire of the Owner, ,vhich h<1s not been remedied or waived, to pay the Contractor asrequired under the Consfrnction Contract or to perfom1 and complete or comply with the other material terms of theConstruction Conti·act.
§ 14.5 Contract Documents. Ali the documents thot comprise the ;igree1nent between the Ow,icr and Contractor.
AIA Document A312™ -2010 Performance Bond. The American lnslilu\e of Archllecls. All rights resorved, WARNING:·Thls /\IN" Documonl Is protected hy U.S. Copyright Law :u1t1 lnlcnialional Trnallcs. Unauthorized roprocJucllon or dlslrlbutlon of.fhls AIA'· Do.cumont, or any portion of II, mny ro6l1lt In sov�r� civil ancf criminal peliallior., ,uni will bo prosocutod to tho maximum nxtont poGsiblo undor 1111: law. This document was·prc;ic;luced by AIA software at 11:29:52 on 09/25/2017 under Order No. 6237072998 which expires on 02/0712018, and Is not f
o
r resale. User Notes; (3B9ADA2C)
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§ 15 If this .Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in thisBond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is provided below for ndditicmal sig11allires of added parties, other than those appeari11g 011 the cover page.) CONTRACTOR AS PRINCIPAL SURETY
Compnny: (Corporate Seal) Company: Signahire: Signature:
Name and Title: Name and Title: Address: Address:
(Co1i;orate Seal)
AIA Document A312"' -2010 Performance Bond. The American lnsUlule or Architects. All rights reserved. WARNING: This AIA'·' Ooc111nont Is pro1octccl hy U.S. Copyright Law and lntornallonal ltr:atlos. Unauthori:t�d rnprotluctlon or tllstrlbutlon of this AIA"' Document, or any portlo11 of It, may rosull In sov�ro c;ivll and criminal ponaltlus, and will JJo prosocuJod to the rnaxlmum extent possll)lc under the law. This document was produced by AIA software al 11:29:52 on 09/25/2017 under Order No. 6237072998 whi,;h expires on 02/07/2010, and Is not for resale. User Notos: (3B9ADA2C)
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LAWS PER'l'A1NfNG TO PUBLJC \.VOJlT(S PROJECTS (Ge1rnl'nl Lnw11 of R11odc hlaud {1977 Recnnctnrnnll)
Chapter 37-i2 nnd 37·13, 11s mncnded
n� t:H. "Public. works" dofl11ed, - ''1?\lt)JiC Works" as used in !.his chapter shnll mean ,ITTy publio work consisting of grading, clearing, dtm.olition, improveme11t, completion, repair, alteration, or constructiou of any public road or any bridgo, or portion thereat: or nny publio building, ot portioil thoreof, or any heavy con�trnclion, or l\ny public works projects of any nature or kind whatsoever.
37-1:3-4. I'royisious ::ipplicablo to public Wol'ks cou trncts - Lts!s of subcontractors. - All public works shall be.done by contrnct, subject to tho smno provisions of law relating thereto and to the letting thereof, wl1ich arc applicable to simiiar corttrncts of the award[ng Huthotily or &Uthorizcd agency, hereinofler C(lllcd thi.: ''proper authority'', In the general location whE.'ie the work is to be performed and whicb are nol contrary to the provisions of§§ 37-13-1 -37-13·14 and§ 37-13·16. Each con4'actor after Urn award of a contrnct for public works shall submit to the proper authority a list of his or her subcontractors of any part or all or the work. The llst shall be snbrnitted in such manner or form us the proper nuthodty shull 11niformJy rcquii'e from contractors i11 nil public works.
3%13�6. Ascel'tninn1.cn t of pre'ialll11g n1te of wage� nnd other payn.wu ts-Spcclfkatlons ol' rute In call for hlds nncl in contract. ·- Before awa.{ding any comrnct for plibllc Wo(ks to be done, (he proper authodty shall ascertain from the director of l11bo1· and training die general prev�!Ung rate oflfw regular, holiday, and overtime wages paid aud the getieral prevailing payments on bohalf of employees only, to lawful welfare, pension, Vl\oation, apprentice training, .and f;ldUcatlonal funds (payments to tho funds must co1rntitute i1r1 ordiney business expense decluclion for federal income tnx purposes by contractors) in tl10 clty, town; villnge, or other nppropdntc politicnl subtUvision of the state in which the work Ls to be perforn1e.d, for each crnft, tneoha.nici teamster, lab-oret, or typo of workman nccdod to c:<CC\Jlc U1c conttuct for the public works. The proper
ttuthodty shat(, 2lso, specify ln.the call for hids for tho conlroct nnd in the conlrnct itself the general prnvaHing rate of the regular, holiday, and overtime wages paid llnd the [)Uymcnts on behalf of employeoo only, to the welfare, pensio11
1 vacation, apprentice
!ruining, .md education fonds existing in thei locnlity for ench croft, mechunio1 k:(mtstc,,
laborer, or type of 'rvo:rl<er needed to c�ccute the contract or ,vork.
37 .. 13.7, Spcclllcntions tu contract of :uuo11i1t und freqncncy of pnyrncut of wugcs. - (o) Evety cnll fo( bids for every contract in excess of one thousnnd dollnrs ($1,000), to which the slt1lo of Rhode Jslund or any politionl subdiv11Jio11 thercof or any public agency or quasl0pulJlic agency is n par1y, fol' Coilstruotion, allcrntion, and/or tepair, h1ch\dbig paJnting und <lecorn!ing, of public bui !dings or public work� of the stnto of Rhode Islnnd or any political subdivi:;Jon thereof, or nny public ngcnuy or quasi-public
00110
itgency and which requires or involvos the employment of employees, slrnll cont:.:iin n provision stating the Il1hlimn.m wuges to be paid vai'io11s types of cmploycos which shall b0 based upon the \vages thut will be detennincd by th� di1'ector of lnbor nn<l training to be prevalling for the corresponding types of employees employed on projects of a cba.rncter similar to U1e con(rnct work -in the city, town, village, or other apprnprlo.tc politlcal subdivision of tho stale of Rhode Island in which the Wol'k is lo be performed. Every contrnct shall contain n s!ipulatiou illnl Uie contrnctor or his or her subcontractor shali pay nil the employees emp!oye.d directly upon !he silo of the work, unconditiolially and not less of}en thnn once n week, and wiUwut subsequent deduction or reb�le on any ncco11nl, the foll amounts accrned at tlmo of payment computed ot ',','age rntc.s not le-�s Lhau thoso stated ia the call for bids, r1;Jgal'd!ess ofnny contractual 1·elatiottships which may be a1lcged to exist between the contractor or suboontractor nnd the employccs1 and that tho soaJe of wages to be paid shall be poste<l by (he contractor in a proruincnt and ensily accessible place at the sito of the work; and the further stipulation that Umo may be wiU1held from tho cont motor so much of the accrued payments os may he considered necessary to pay to the employee-s employed by the contractor, or any subcontrnclor on the woi-k1 the difference between tho rateli of wages reqliired by the contract to be paid the employees 011 the work and tile rates of wages received by the employees and not rofonded to the contractor! subcontractors, or their agents.
(b) Tho terms "wages", ''scale of wage5'\ "wnge rates'', 1\11i111mun1 wag:el', andnprovailing wages" sbaJJ includo:
(l) The bnslc hourly rate of pay: and(2) The amount of:
(A) The rnte of contribution made by a contractor of subcont-racl.o� to a lrns(eeor to a !bird person pttrsu11t1t-to ll fund, pla!li or program; and
(B) The rntc of cos.ts lo the contractor or subco11trnctor which may bereasonably an(icipated in providing born,flts to employe<1s pursuant to Menforccablo-commllmcnt to curry out o. financially rc-sponsible pliui orprogram which ·wns comnrnn..icnted in wdting to the employees affected, formedic.al or hospital care, pensions on rclirenicnt or·don.th1 i;:ompensution for
injuries or illne.ss rosu1tlng from occupritionol activity, or insurIJJ.1cc to provide n1�y of the foregoing; for tinomploymcnt benefits, life i11sunmce� ctisubility and sickness itlSLll'i\l\cc, or accident insurance, for vacation nndJ1oliday pay, for defraying costs of apprenticeship or othct similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is uot required by olher fodcral, state, 01· locP.l lnw to provide any of tbc benefits; providc:d1 that the obligation of a contn1ctor or subconlrl!ctor to mako payment iu accordance with the provaiUng wage dcterrninutions of Uw director of labo.r and lrnining insofar as !his chapter of thi$ titlirnnd other nets incorporntlng this chapte.r of (his title by refetence are concerned mny bo discharged by the making of payrne.nts in cash, by tho making of contributions of a type referred lo in subsection (b)(2), or by the nssumption of rm enfo(ceabl� cot1U11itment to bear thi3 cost� of a plan or pro.gram of a type refen·cd to i11 this subdivisfon, or m1y combinntion thereof, \Vhcre the uggrcgato <Jf uny puymct1l,<;
1 C(,inlributions,
00111
a11<l cos ls i� not less tha"u the rnte of pay described in subsection (b)(1) plus the nmount rcforn:d to in subsection (b)(2).
(c) Th{3 term "cmployecs'I, as \!:led in U1is section, shnll includeemployees of contrnctors or subl�ontrnotors porfonningjobs on vmious types of public works illcluding mechanics; a.ppreuHces
1 teamsters,.
chauffeurs, and faborern engnged in the lnu.rnporh1tion of growl or fill lo tho site of public work.'1, the removal and/or dellvcry of grnvcl or fill or rca<lymix concrett;:, sand1 bituminous stontJ, or nsphu.11 tlowable fill from the sito of public works, or the tr.ansportatiot1 C1r romovol of gravel or fill from one location to another on (he s1to of public works, and the employment of the employees shaU be .subject to the provisions of subsections (a) nnd (b).
(d) omitted
37-13-8. fovcstlgation and detorniluatioo 1Jf prcrntJlug wngi;s = FJllng of schedule.- The director of labor and trnining shall investigate and dotennine the prcvailing wngc.s and payments made to or Oi1 beh,ilf of employccs
1 as set forth
in § 3 7� 13· 7, pa.id in !he trade or occupation In the city, tow11, village, or other appropriate polilici'll subdivision of the stnte nnd keep a schedule on file in his or her ofrice. of the customaty pl'cvailing rnte ofwogc.s and pa.yrnents made w or on behalf of the omployees whioh shall be open to publfc i11spcctto1i. In mnking u dotennination, the director of labor ma,• adopt 1md �1se such uppropiiato and 11pplioablei prcvailf ng wage. rate determinations as have been ma<lo by the secreta.ry of l;tbor of the United Stale of A rncricrt ih nccordanoe with the DavisB'lcon Act1 as am.ended, 40 U.S.C. § 276a,
.
37··13-9 Statutory proYisious in eluded In contracts. -A copy of§§ 3 7-13-5, 37� l J-G1 D.11d 37 -13 -7 sh nil be inserted in all contracts for plJblic woi'ks uwar<lod by the $tate, any clty, tow111 committee, an authori.zed agency, Ol' awarding authority the!'cof1 or any person or persons in their behalfin which stute or mmiicipal funds are used lf Urn cont.rue( pl'ice is in excess ofonc thousnncl dollars (S 1,000),
37-.13-13, Furnlslllng pnyroll 1·ccor<l lo director of labor nnd train.fog. - Bach eOHtraclor �nvardcd a.conlrnct wilh a contracl price in excess of one thoi1snnd dollars (.$1,000) for public works, and ouch stibr;ontractor ·who pci:fonns work on public W01'ksi sh::dJ furnish a ce1iifled copy of his or her payroll record of his or her employees cn1p1oycd upot1 the public woiks (o llie director of labor and training on a weekly basis. for the preceding week. 'l'he director of luboi· and trHining may J>romulgn(o reason.able ni1cs and rcg11latio1rn to enforce the provisions of this section. A contrnclor or subcontraGtor who falls to-comply wlth the provisions of this section shall be deemed guilty of a misdemeanor and shall pay (o !he director of lnbor mid trniuing one hundred dollllrn ($ l 00) for ct1oll colcndar dny of noncomplionco ns determined by tho dil'ector of fabor and training. Any of those rcv0ril1es shull be dopositcd us gcncrnl revenues.
00112
3'M3·15 Re,1lew, = (u) Thete ls lwreby created un npponls boru·d which shall be comprim�d of three (3) members who shall be appointed by the govcmol'; 1mwidcd, however, that onch rncil1ber of tho uppcals board .shall hnvc at least fi,ve,(5) years o:pe:rioJ1ce with prcv(liling wngc rates ilS they apply to tho constn1ction industry. The nrnmbern of such appeals board shall serve wiU10ut compensatfon. The mumbim; of the up1w:L.!s board Blmll be appointed for temis of three (3) years except that of the three (3) members otigin;iHy appointed by each of the appolnting authorities: one (I) shall bo appointed for a term ofone (J) ycfu·, one ( 1) shall be nppo1.nted for n term of two (2) yen rs un<l one (l) for a term of three (3) years.
(b) Any person aggrieved by m1y nctlon taken by the director of fribor or his orher le.signaled hearing officer under (he uuthority of this chaplet'; or by thefai luro or refus:i1 of the director of labor to take any action authorized byth.is cha.ptor, may Qbfain A review thereof for the purpose o.fobta.ioingrelief from the nction or lock of action by 'filing a petition forodn�inistrotive review and relief, to tho appeals bonrd ns provided hen;iin.Such petition for ndminist-mtive roview shall be .filed within twenty (20)days of the nction token by the director of labor or dcsigrtnted hearingofficer. The petition for administrative i-oview shnll bo hcru:d wilWn ten( I 0) day� ofthc date of filing. An nggricved person under thls section shallinclude:(t) Any person who is rcqulrcd to pay wages to his or her employees or
make payments to a fund on behalf of his or her employees, asprovided in this chapter;
(2) Any pca:rson who is required to be pni<l wagGs for hiH or her labor or onwhose bcha1fpaytnents aH.i re-quirc<l to be paid to fund�, o.s providedby U1is chopter;
(3) The lawful collective barg11inlng representative of a person defined insubdivision (2) nbove;
( 4) A trade association of which a vcrson defined in subdivision ( l) aboveis a member;
(5) A proper nuthorily as defined in this chnptcr;(6) A contractor who S\tbmHte.d R bid for work to be or which has been
awarded under the provliilons of this chapter or n trade association ofwhk.b he -or sho is a ·member, nnd
(7) A labor organization \Vhich has one or more writlfm collectivebnrgainirig agrccmcn\s with one 01· more en1p loyers or n lrudeassoci�tion Whkh sets forth the hours, wagc,s, au<l working conditionsof a crnn, mechnnlc, teamster, or type or worker needed to execute thowork, as proviclctl in this ehaptel' lo the extent that it would l>e affectedby U1e aclion or the failure to ac! nf the director of labor or the !waringornccr.
(c) Any aggrieved porson as defi11ed herein mny obtain a review of a devision of tho
00113
uppenls hoard by filing �1 petition ln the superior court in Providence County ptlrsuant to tho provisions of the administrative procedul'o� f1Ct, prnying for rovie;:w nnd relief 11nd the
petition shall follow (he course of and be subject to the procedures for causes filed in tbecouct.
(d) Tho dircelor is hereby ernpowercct to enforce his or lwr dBcision and/or tho decision ofthe ;ippeals bo�rd in tho superior court for tho count,;' ofFrovidcnco.
37·lJ·l6 •. l'cl'mluat!on of work on failure to pny flgrccd wages - Completlon of work. - f!yery contrnot within the scope of this chapter shall contain the further provlsion that in the event it iB found by the directol' of labor that any employee employed by the contnwtor o.r any subcontro.ccor dircc.tly on the site of tho work covered by the contract lrns been or is being pafd a tntc of w�ges less Urnn the rate of wages required b:,i
tho contract to be paid as aforesald, the 11.wflrdillg party m:1y1 by written notice to tbe contractor or subcontractor, terminate his or her right as the case may be, to proceed with the work, or such pnrt of the work as to which there has been a follnl'C to pay tho required wages, and shall prosoc.ute tho work to contpletlon by coutrnot or otl.icrwise, nnd U10
contrilctot' nod his or 11er suretie.s shall be Linbleto the awarding party for any excess costs occasioned the awarding m1thority thereby.
0011/i