FLOOD06757

• County: Alamosa
• Community: Alamosa County
• Stream Name: Rio Grande River
• Basin: Rio Grande
• Title: Alamosa Flood Control Project Phase I and II
• Date: 9/8/1986
• Prepared For: Alamosa County
• Prepared By: CWCB
• Floodplain - Doc Type: Project

H. Di sputes between UITITY and Contractor. MEC shall act as
initial interpreter of the requirements of the Contract Documents
and judge of the acceptabil i ty of the work thereunder and make
decisions on all claims of ENTITY and Contractor(s) relating to the
acceptability of the work or the interpretation of the requirements
of the Contract Documents pertaining to the execution and progress
of the work.

r. Applications for Payment. Based on MEC's on-site observations
as an experienced and qualified design prof .ssional, on information
provided by the Resident Project Representative and on review of
applications for payment and the accompanying data and schedules.

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1) MEC shall determine the amounts owing to Contractor! s1 and
recommend in wrlting payments to Contractor{ s) in such
amounts. Such recommendations 0 - payment will consti tute a
representation to ENTITY, based on such observations and
review, that the work has progressed to the point indicated,
and that, to the best of ~_C's knowledge, information and
belief, the quality of such work is generally in accordance
with the Contract Documents (subject to an evaluation of such
work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for
in the Contract Documr'ts and to any other qual i fications
stated in the recommendation). In the case of unit price work,
MEC'S recommendations of payment will include final
determinations of quantities and classifications of such work
(subject to any subsequent adjustments allowed by the Contract
Documents) .

2) By recommending any payment MEC will not thereby be deemed
to have represented that exhaustive, continuous or detailed
reviews or examinations haye been made by MEC to check the.
quality or quantity of Contractor(s)' work as it is furnished
and performed beyond the responsibilities specifically assigned
to MEC 1 n thi s Agreement and the Contract Documents. MEC' s
review of Contractor!s)' for the purpose of recommending
payments wil' not impose on MEC responsibility to supervise,
direct or control such work or for the means, methods,
techniques~ sequences, or procedures or constructions or safety
precautions or programs inc'1ent thereto or Contractor(s)'
compliance with laws, l'ules, regulations, ordinances, codes or
orders applicable to their furnishing and performing the work.
It will also not impose res, nsibility on MEC to make any
examination to ascertain how Or for what purposes any
Contractor has used the monies paid on account of the Contract
Price, or to determine that title to any of the work, ",aterials
or equipment has passed to ENTITY free and clear of any lien,