6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective date of the
Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay
all charges of such utility Owner’s for capital costs related thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the
Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring CONTRACTOR’s compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations,
CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work; however, it shall not be CONTRACTOR’s primary responsibility to make certain
the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve
CONTRACTOR of CONTRACTOR’s obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of
an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement
to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in paragraph
10.05.
D. CONTRACTOR shall comply with all local laws, ordinances, and statutes, all provisions of the Revised Statutes
Annotated, all provisions of the federal Davis-Bacon Act for projects with federal funding, and all regulations
promulgated under either statute. Copies of the "City of Nashua Prevailing Wage Rates for Public Works", as
determined by U.S. Department of Labor and "General Wage Determinations," as determined by the U.S. Department
of Labor, are available for inspection at the City of Nashua Division of Public Works, 9 Riverside Street, Nashua, New
Hampshire. If the provisions of the Davis-Bacon Act apply, all employees of the CONTRACTOR must be paid not less
than the wage which is the greater of the Federal wage determinations. The hourly and daily rate of wages to be paid
each class of mechanics and workers must be posted on the project site in a place generally visible to the employees.
E. If the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment date of
the weekly payroll period, a statement of wages paid for each of the CONTRACTOR’s employees or a payroll report. If
the Davis-Bacon Act applies, CONTRACTOR shall furnish to the OWNER within seven days after payment date of the
weekly payroll period, a statement of wages paid for each of any subcontractor's employees or a payroll report for each
subcontractor. The statement or report must include the CONTRACTOR’s certification of compliance with the
requirements of the supplementary condition. CONTRACTOR agrees that failure to comply with the portion of this
supplementary condition requiring CONTRACTOR to furnish a certified statement of wages or payroll report will, in
addition to any other retention allowed under this contract or under state or federal law, allow the OWNER to
unilaterally, without notice to CONTRACTOR, retain an amount of up to 10% from each progress payment until the
OWNER determines CONTRACTOR has complied with the provisions of this supplementary condition.
F. If the Davis-Bacon Act applies to work to be performed under this contract, CONTRACTOR shall furnish to the
OWNER within seven days after payment date of the weekly payroll period, a statement of wages paid for each of
CONTRACTOR’s employees and for each of any subcontractor's employees or a payroll report from CONTRACTOR
and from each subcontractor. Each statement or report must include the certification by CONTRACTOR of compliance
with the provisions of the Davis-Bacon Act.
GC - 23 of 53
