34 by the Engineer. Th e Contractor shall be held responsible for the preservation of stakes, marks, and references, and shall have them reset at the Contractor's expense when they are damaged, lost, displaced, or removed. 105.9 -AUTHORITY AND DUTIES OF THE PROJECT ENGINEER OR PROJECT SUPERVISOR : The project Engineer or Supervisor has immediate charge of the engineering details of each construction project. The Engineer or Supervis or are responsible for the administration and satisfactory completion of the project. The Project Engineer or Supervisor has the authority to reject defective material and to suspend any work that is being improperly performed. The Project Engineer or Su pervisor will have the authority to suspend the work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the employees or the general public; for failure to carry out provisions of the Contract; for failure to carry out orders; for such periods as they may deem necessary due to unsuitable weather. All such suspension orders will be directed to the Contractor in writing. The suspension of the work for the above reasons does no relieve the Contractor of their responsibili ty according to 107.16.
105.10 Authority and Duties of The Inspector :
Inspectors employed by the Division will be authorized to inspect all work done and materials furnished. Such insp ection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The Inspector is not authorized to alter or waive the provisions of the Contract. The Inspector is authorized to call the att ention of the Contractor to any failure of the work or materials to conform to the Specifications and Contract. The Inspector is authorized to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to the Project Engineer or Project Supervisor. The Inspector is not authorized to issue instructions contrary to the Plans and Specifications. The Inspector shall not act as foreman or perform other duties for the Co ntractor, nor interfere with the management of the work by the latter.
105.11 Inspection of Work and Materials :
All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer or a representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. To faci litate the inspection of materials, all delivery tickets shall contain as a minimum the information required in MP 700.00.01. At the Engineer's request, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or remov ing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the p arts removed shall be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized Division representative may be ordered removed and replaced at the Contractor's expense. Failure to reject any defective material or work shall not in any way prevent later rejection when such defects are discovered, nor obligate the Division to final acceptance. 35 When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cos t of the work covered by this Contract, its respective representatives shall have the right to inspect the work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to this Contract, a nd shall in no way interfere with the rights of either party hereunder. No work shall be done at night, Saturdays, Sundays, or Holidays without documented prior approval of the Engineer.
105.12 Removal of Unacceptable and Unauthorized Work :
Except as provided in 105.3, all work which does not conform to the requirements of the Contract will be considered as unacceptable work. Unaccepted work, whether the result of poor workmans hip, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner. Unacceptable material shall be removed from the j ob site. No work shall be done without lines and grades having been given or approved by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans, or as given, except as specified, or any extra w ork done without authority, will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to compl y promptly with any order of the Engineer, made under the provisions of this Subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed, and to deduct the costs from an y monies due or to become due the Contractor.
105.13 Load Restrictions :
The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads. A special permit will not relieve the Contractor of liability for damage which may result from the moving of equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted . Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base or structure before the expiration of the curing period. In no case shall legal load li mits be exceeded unless permitted in writing. The Contractor shall be responsible for all damage done by their own equipment.
105.14 Maintenance During Construction :
The Contractor shall maintain the work during construction and until the project is accepted except as otherwise provided in 105.16.1. This maintenance shall constitute continuous and effec tive work prosecuted day by day, with adequate equipment and forces to the end that the roadway and structures are kept in satisfactory condition at all times. In the case of a Contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay item s, and the Contractor will not be paid an additional amount for such work except as otherwise provided in 104.5.