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check the quality or the quantity of the Work, or that they have reviewed the means, methods, techniques, sequences and procedures of construction or that they had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to them on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work or that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all first tier Subcontractors and suppliers except as listed below ". 14.6 The CITY REPRESENTATIVE may refuse to approve the whole or any part of any payment if, in their opinion, they are unable to make such representations to the CITY. They may also refuse to approve any payment, or because of subsequently discovered evidence or the results of subsequent inspection or tests, nullify any such payment previously approved, to such extent as may be necessary in their opinion to protect the CITY from loss because: 14.6.1 The Work is defective, or completed Work has been damaged requiring correction or replacement, 14.6.2 The Work for which payment is requested cannot be verified, t 4.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof, 14.6.4 The Contract Price has been reduced because of modifications, 14.6.5 The CITY has been required, to correct d-efective Work or complete the Work in. accordance with Article 13. 14.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 Of liquidated damages payable by the CONTRACTOR, or I4.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CITY shall issue a certificate attached to the final payment request that the Work has been accepted by them under the conditions of the Contract Documents. The entire balance found to be due the CON'T'RACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within sixty (60) days of completion and acceptance of the Work, Acceptance of Final Pavment as Release 00710-23