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
provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain
provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors, partners, employees, agents, and other consultants and
E. ENGINEER’s Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER’s Consultants
in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in
making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on
the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER’s Consultants for
b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract
Documents.
2. Substitute Items
a. If in ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not
qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed substitute item.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full responsibility
for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances,
fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals
necessary for the performance, testing, start-up, and completion of the Work.
the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in
addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER’s Consultants, and all other individuals or
entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers,
directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such
policies for losses and damages so caused.
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES
suspend the contract, or terminate the contract. CONTRACTOR further agrees, if applicable, as a precondition to the
performance of any work under this contract and as a precondition to any obligation of the OWNER to make any
payment under this contract to provide the OWNER with a certificate of a qualified insurer.
5.05 Property Insurance
A. CONTRACTOR must purchase and maintain property insurance upon the Work at the Site in the amount of the full
replacement cost of the Work. This insurance shall:
2. The CONTRACTOR must maintain the following lines of coverage and policy limits for the duration of the
contract. Any subcontractors used by the CONTRACTOR are subject to the same coverage and limits and is a
subcontractor of the CONTRACTOR and not the OWNER. It is the responsibility of the CONTRACTOR to update
Certificates of Insurance during the term of the contract. Provide coverage for not less than the following amounts
or greater:
General Liability
$1,000,000 per Occurrence
$2,000,000 Aggregate
City of Nashua Additional Insured
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
2. Other data, interpretations, opinions and information contained in such reports or shown or indicated in such
drawings; or
3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions or information.
