Chapter 433

2004 -- S 3192

Enacted 07/02/04

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - - DEPARTMENT OF

TRANSPORTATION

Introduced By: Senator Stephen D. Alves

Date Introduced: June 10, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-13 of the General Laws entitled "Department of Transportation"

is hereby amended by adding thereto the following section:

42-13-6.1. Price readjustments - Certain public works contracts. - - (a)

Notwithstanding any provision of the general or public laws to the contrary, the department of

transportation may adjust for changes in the unit prices for steel required in order to complete

performance of highway and bridge construction contracts awarded on or before July 1, 2004.

(b) Price adjustments authorized by this section shall be computed to compensate the

contractor only for the difference between: (1) the cost of steel at the date the bids were opened;

and (2) the cost of steel at the date of purchase with no allowance for overhead or profit on the

construction contract.

(c) In arriving at the adjusted unit price, the determination of the state department of

transportation shall be final as to: (1) cost of steel at the date the bids were opened; (2) the cost of

steel at the date of purchase; (3) the quantity to be adjusted; and (4) the price adjustment due the

contractor. The methodology for calculating the price adjustment will be determined by the

department of transportation.

(d) Upon request by the department of transportation, the contractor shall make his, her or

its records available for audit by the state or municipality to verify the increased costs.

     SECTION 2. This act shall take effect upon passage.

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LC03651

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