City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn: Division of Public Works
2. Beginning with the second Application for Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress payments received on account of the Work have been
applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications
for Payment.
3. The amount of retainage with respect to progress payments will be stipulated in the Agreement.
B. Review of Applications.
1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to OWNER or return the Application to
CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make the necessary corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design professional and on ENGINEER's review of the Application for
Payment and the accompanying date and schedules, that to the best of ENGINEER's knowledge, information
and belief:
a. The Work has progressed to the point indicated;
b. The quality of the Work is generally in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of
any subsequent tests called for in the Contract documents, to a final determination of quantities and
classifications for Unit Price Work under paragraph 9.08 and to any other qualifications stated in the
recommendation); and
c. The conditions precedent to CONTRACTOR's being entitled to such payment appears to have been
fulfilled in so far as it is ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (1)
inspections made to check the quality or the quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there
may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid
additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR.
4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment, including final payment, will impose responsibility on
ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's
failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of
GC - 49 of 57
