Request for Proposal (RFP) Bristol Warren Regional School ... · Description of Proposal Respondent...

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No proposal shall be withdrawn for a period of thirty (30) days subsequent to the opening of bids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



3.5 Acceptance

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

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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.

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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


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 .


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


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





Kickemuit Middle 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





Kickemuit Middle School 10Gpbs


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

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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

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�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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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

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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.

1

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.

·

§ 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.

lnlt.

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.

1

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)

3

lnlt.

§ 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)

4

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

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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.

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