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 fumish 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.
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