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 the
Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free
and clear of any Liens.
6. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may
also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of
subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such
extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because:
a. The Work is defective, or completed Work has been damaged, requiring correction or replacement;
b. The Contract Price has been reduced by Written Amendment or Change Orders;
c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph
13.09; or
d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A.
B. Applications for Payments.
1, CONTRACTOR shall submit to OWNER the ENGINEER recommended Application for Payment filled out and
signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such
supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials
and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed
to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation
warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the
materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's
interest therein, all of which must be satisfactory to OWNER. Any request for partial or final payment shall
specifically list the work completed. To facilitate the proper and timely payment of applications, the OWNER
requires that all applications must reference a valid PURCHASE ORDER NUMBER, as submitted to
CONTRACTOR under the Notice to Proceed, be in original format; OWNER will not authorize payments from carbon
or Xerox copies, and mailed directly to the following address:
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.
C. Payment Becomes Due
1. Not more than 30 days after presentation of the application for payment to OWNER with ENGINEER’s
recommendation, the amount recommended will become due, and when due will be paid by OWNER to
CONTRACTOR.
GC - 46 of 53
