State Codes and Statutes

Statutes > Rhode-island > Title-37 > Chapter-37-13 > 37-13-7

SECTION 37-13-7

   § 37-13-7  Specification in contract ofamount and frequency of payment of wages. – (a) Every call for bids for every contract in excess of one thousand dollars($1,000), to which the state of Rhode Island or any political subdivisionthereof or any public agency or quasi-public agency is a party, forconstruction, alteration, and/or repair, including painting and decorating, ofpublic buildings or public works of the state of Rhode Island or any politicalsubdivision thereof, or any public agency or quasi-public agency and whichrequires or involves the employment of employees, shall contain a provisionstating the minimum wages to be paid various types of employees which shall bebased upon the wages that will be determined by the director of labor andtraining to be prevailing for the corresponding types of employees employed onprojects of a character similar to the contract work in the city, town,village, or other appropriate political subdivision of the state of RhodeIsland in which the work is to be performed. Every contract shall contain astipulation that the contractor or his or her subcontractor shall pay all theemployees employed directly upon the site of the work, unconditionally and notless often than once a week, and without subsequent deduction or rebate on anyaccount, the full amounts accrued at time of payment computed at wage rates notless than those stated in the call for bids, regardless of any contractualrelationships which may be alleged to exist between the contractor orsubcontractor and the employees, and that the scale of wages to be paid shallbe posted by the contractor in a prominent and easily accessible place at thesite of the work; and the further stipulation that there may be withheld fromthe contractor so much of the accrued payments as may be considered necessaryto pay to the employees employed by the contractor, or any subcontractor on thework, the difference between the rates of wages required by the contract to bepaid the employees on the work and the rates of wages received by the employeesand not refunded to the contractor, subcontractors, or their agents.

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

   (1) The basic hourly rate of pay; and

   (2) The amount of:

   (A) The rate of contribution made by a contractor orsubcontractor to a trustee or to a third person pursuant to a fund, plan, orprogram; and

   (B) The rate of costs to the contractor or subcontractorwhich may be reasonably anticipated in providing benefits to employees pursuantto an enforceable commitment to carry out a financially responsible plan orprogram which was communicated in writing to the employees affected, formedical or hospital care, pensions on retirement or death, compensation forinjuries or illness resulting from occupational activity, or insurance toprovide any of the foregoing, for unemployment benefits, life insurance,disability and sickness insurance, or accident insurance, for vacation andholiday pay, for defraying costs of apprenticeship or other similar programs,or for other bona fide fringe benefits, but only where the contractor orsubcontractor is not required by other federal, state, or local law to provideany of the benefits; provided, that the obligation of a contractor orsubcontractor to make payment in accordance with the prevailing wagedeterminations of the director of labor and training insofar as this chapter ofthis title and other acts incorporating this chapter of this title by referenceare concerned may be discharged by the making of payments in cash, by themaking of contributions of a type referred to in subsection (b)(2), or by theassumption of an enforceable commitment to bear the costs of a plan or programof a type referred to in this subdivision, or any combination thereof, wherethe aggregate of any payments, contributions, and costs is not less than therate of pay described in subsection (b)(1) plus the amount referred to insubsection (b)(2).

   (c) The term "employees", as used in this section, shallinclude employees of contractors or subcontractors performing jobs on varioustypes of public works including mechanics, apprentices, teamsters, chauffeurs,and laborers engaged in the transportation of gravel or fill to the site ofpublic works, the removal and/or delivery of gravel or fill or ready-mixconcrete, sand, bituminous stone, or asphalt flowable fill from the site ofpublic works, or the transportation or removal of gravel or fill from onelocation to another on the site of public works, and the employment of theemployees shall be subject to the provisions of subsections (a) and (b).

   (d) The terms "public agency" and "quasi-public agency" shallinclude, but not be limited to, the Rhode Island industrial recreationalbuilding authority, the Rhode Island economic development corporation, theRhode Island airport corporation, the Rhode Island industrial facilitiescorporation, the Rhode Island refunding bond authority, the Rhode Islandhousing and mortgage finance corporation, the Rhode Island resource recoverycorporation, the Rhode Island public transit authority, the Rhode Islandstudent loan authority, the water resources board corporate, the Rhode Islandhealth and education building corporation, the Rhode Island higher educationassistance authority, the Rhode Island turnpike and bridge authority, theNarragansett Bay water quality management district commission, Rhode Islandtelecommunications authority, the convention center authority, the board ofgovernors for higher education, the board of regents for elementary andsecondary education, the capital center commission, the housing resourcescommission, the Quonset Point-Davisville management corporation, the RhodeIsland children's crusade for higher education, the Rhode Island depositorseconomic protection corporation, the Rhode Island lottery commission, the RhodeIsland partnership for science and technology, the Rhode Island public buildingauthority, and the Rhode Island underground storage tank board.

State Codes and Statutes

Statutes > Rhode-island > Title-37 > Chapter-37-13 > 37-13-7

SECTION 37-13-7

   § 37-13-7  Specification in contract ofamount and frequency of payment of wages. – (a) Every call for bids for every contract in excess of one thousand dollars($1,000), to which the state of Rhode Island or any political subdivisionthereof or any public agency or quasi-public agency is a party, forconstruction, alteration, and/or repair, including painting and decorating, ofpublic buildings or public works of the state of Rhode Island or any politicalsubdivision thereof, or any public agency or quasi-public agency and whichrequires or involves the employment of employees, shall contain a provisionstating the minimum wages to be paid various types of employees which shall bebased upon the wages that will be determined by the director of labor andtraining to be prevailing for the corresponding types of employees employed onprojects of a character similar to the contract work in the city, town,village, or other appropriate political subdivision of the state of RhodeIsland in which the work is to be performed. Every contract shall contain astipulation that the contractor or his or her subcontractor shall pay all theemployees employed directly upon the site of the work, unconditionally and notless often than once a week, and without subsequent deduction or rebate on anyaccount, the full amounts accrued at time of payment computed at wage rates notless than those stated in the call for bids, regardless of any contractualrelationships which may be alleged to exist between the contractor orsubcontractor and the employees, and that the scale of wages to be paid shallbe posted by the contractor in a prominent and easily accessible place at thesite of the work; and the further stipulation that there may be withheld fromthe contractor so much of the accrued payments as may be considered necessaryto pay to the employees employed by the contractor, or any subcontractor on thework, the difference between the rates of wages required by the contract to bepaid the employees on the work and the rates of wages received by the employeesand not refunded to the contractor, subcontractors, or their agents.

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

   (1) The basic hourly rate of pay; and

   (2) The amount of:

   (A) The rate of contribution made by a contractor orsubcontractor to a trustee or to a third person pursuant to a fund, plan, orprogram; and

   (B) The rate of costs to the contractor or subcontractorwhich may be reasonably anticipated in providing benefits to employees pursuantto an enforceable commitment to carry out a financially responsible plan orprogram which was communicated in writing to the employees affected, formedical or hospital care, pensions on retirement or death, compensation forinjuries or illness resulting from occupational activity, or insurance toprovide any of the foregoing, for unemployment benefits, life insurance,disability and sickness insurance, or accident insurance, for vacation andholiday pay, for defraying costs of apprenticeship or other similar programs,or for other bona fide fringe benefits, but only where the contractor orsubcontractor is not required by other federal, state, or local law to provideany of the benefits; provided, that the obligation of a contractor orsubcontractor to make payment in accordance with the prevailing wagedeterminations of the director of labor and training insofar as this chapter ofthis title and other acts incorporating this chapter of this title by referenceare concerned may be discharged by the making of payments in cash, by themaking of contributions of a type referred to in subsection (b)(2), or by theassumption of an enforceable commitment to bear the costs of a plan or programof a type referred to in this subdivision, or any combination thereof, wherethe aggregate of any payments, contributions, and costs is not less than therate of pay described in subsection (b)(1) plus the amount referred to insubsection (b)(2).

   (c) The term "employees", as used in this section, shallinclude employees of contractors or subcontractors performing jobs on varioustypes of public works including mechanics, apprentices, teamsters, chauffeurs,and laborers engaged in the transportation of gravel or fill to the site ofpublic works, the removal and/or delivery of gravel or fill or ready-mixconcrete, sand, bituminous stone, or asphalt flowable fill from the site ofpublic works, or the transportation or removal of gravel or fill from onelocation to another on the site of public works, and the employment of theemployees shall be subject to the provisions of subsections (a) and (b).

   (d) The terms "public agency" and "quasi-public agency" shallinclude, but not be limited to, the Rhode Island industrial recreationalbuilding authority, the Rhode Island economic development corporation, theRhode Island airport corporation, the Rhode Island industrial facilitiescorporation, the Rhode Island refunding bond authority, the Rhode Islandhousing and mortgage finance corporation, the Rhode Island resource recoverycorporation, the Rhode Island public transit authority, the Rhode Islandstudent loan authority, the water resources board corporate, the Rhode Islandhealth and education building corporation, the Rhode Island higher educationassistance authority, the Rhode Island turnpike and bridge authority, theNarragansett Bay water quality management district commission, Rhode Islandtelecommunications authority, the convention center authority, the board ofgovernors for higher education, the board of regents for elementary andsecondary education, the capital center commission, the housing resourcescommission, the Quonset Point-Davisville management corporation, the RhodeIsland children's crusade for higher education, the Rhode Island depositorseconomic protection corporation, the Rhode Island lottery commission, the RhodeIsland partnership for science and technology, the Rhode Island public buildingauthority, and the Rhode Island underground storage tank board.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-37 > Chapter-37-13 > 37-13-7

SECTION 37-13-7

   § 37-13-7  Specification in contract ofamount and frequency of payment of wages. – (a) Every call for bids for every contract in excess of one thousand dollars($1,000), to which the state of Rhode Island or any political subdivisionthereof or any public agency or quasi-public agency is a party, forconstruction, alteration, and/or repair, including painting and decorating, ofpublic buildings or public works of the state of Rhode Island or any politicalsubdivision thereof, or any public agency or quasi-public agency and whichrequires or involves the employment of employees, shall contain a provisionstating the minimum wages to be paid various types of employees which shall bebased upon the wages that will be determined by the director of labor andtraining to be prevailing for the corresponding types of employees employed onprojects of a character similar to the contract work in the city, town,village, or other appropriate political subdivision of the state of RhodeIsland in which the work is to be performed. Every contract shall contain astipulation that the contractor or his or her subcontractor shall pay all theemployees employed directly upon the site of the work, unconditionally and notless often than once a week, and without subsequent deduction or rebate on anyaccount, the full amounts accrued at time of payment computed at wage rates notless than those stated in the call for bids, regardless of any contractualrelationships which may be alleged to exist between the contractor orsubcontractor and the employees, and that the scale of wages to be paid shallbe posted by the contractor in a prominent and easily accessible place at thesite of the work; and the further stipulation that there may be withheld fromthe contractor so much of the accrued payments as may be considered necessaryto pay to the employees employed by the contractor, or any subcontractor on thework, the difference between the rates of wages required by the contract to bepaid the employees on the work and the rates of wages received by the employeesand not refunded to the contractor, subcontractors, or their agents.

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

   (1) The basic hourly rate of pay; and

   (2) The amount of:

   (A) The rate of contribution made by a contractor orsubcontractor to a trustee or to a third person pursuant to a fund, plan, orprogram; and

   (B) The rate of costs to the contractor or subcontractorwhich may be reasonably anticipated in providing benefits to employees pursuantto an enforceable commitment to carry out a financially responsible plan orprogram which was communicated in writing to the employees affected, formedical or hospital care, pensions on retirement or death, compensation forinjuries or illness resulting from occupational activity, or insurance toprovide any of the foregoing, for unemployment benefits, life insurance,disability and sickness insurance, or accident insurance, for vacation andholiday pay, for defraying costs of apprenticeship or other similar programs,or for other bona fide fringe benefits, but only where the contractor orsubcontractor is not required by other federal, state, or local law to provideany of the benefits; provided, that the obligation of a contractor orsubcontractor to make payment in accordance with the prevailing wagedeterminations of the director of labor and training insofar as this chapter ofthis title and other acts incorporating this chapter of this title by referenceare concerned may be discharged by the making of payments in cash, by themaking of contributions of a type referred to in subsection (b)(2), or by theassumption of an enforceable commitment to bear the costs of a plan or programof a type referred to in this subdivision, or any combination thereof, wherethe aggregate of any payments, contributions, and costs is not less than therate of pay described in subsection (b)(1) plus the amount referred to insubsection (b)(2).

   (c) The term "employees", as used in this section, shallinclude employees of contractors or subcontractors performing jobs on varioustypes of public works including mechanics, apprentices, teamsters, chauffeurs,and laborers engaged in the transportation of gravel or fill to the site ofpublic works, the removal and/or delivery of gravel or fill or ready-mixconcrete, sand, bituminous stone, or asphalt flowable fill from the site ofpublic works, or the transportation or removal of gravel or fill from onelocation to another on the site of public works, and the employment of theemployees shall be subject to the provisions of subsections (a) and (b).

   (d) The terms "public agency" and "quasi-public agency" shallinclude, but not be limited to, the Rhode Island industrial recreationalbuilding authority, the Rhode Island economic development corporation, theRhode Island airport corporation, the Rhode Island industrial facilitiescorporation, the Rhode Island refunding bond authority, the Rhode Islandhousing and mortgage finance corporation, the Rhode Island resource recoverycorporation, the Rhode Island public transit authority, the Rhode Islandstudent loan authority, the water resources board corporate, the Rhode Islandhealth and education building corporation, the Rhode Island higher educationassistance authority, the Rhode Island turnpike and bridge authority, theNarragansett Bay water quality management district commission, Rhode Islandtelecommunications authority, the convention center authority, the board ofgovernors for higher education, the board of regents for elementary andsecondary education, the capital center commission, the housing resourcescommission, the Quonset Point-Davisville management corporation, the RhodeIsland children's crusade for higher education, the Rhode Island depositorseconomic protection corporation, the Rhode Island lottery commission, the RhodeIsland partnership for science and technology, the Rhode Island public buildingauthority, and the Rhode Island underground storage tank board.