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' furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. 1 Approval of Payment 14.4 The CONSULTANT'S approval of any payment requested in an Application for Payment shall constitute a ' representation by them to the CITY, based on the CONSULTANT'S on site observations of the Work in progress as an experienced and qualified design professional and on their review of the Application for Payment and supporting data, that the Work has progressed to the point indicated, that, to the best of their knowledge, information and belief, the ' quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in their approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment the CONSULTANT shall not thereby be deemed to have represented that they r made exhaustive or continuous on -site observations to 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 CONSULTANT 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, 14.6.3 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 defective Work or complete the Work in accordance with Article 13. 14.6.6 Of unsatisfactory prosecution ofthe 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 14.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents. 00710-23