105-1.01 AUTHORITY OF THE ENGINEER. The Engineer has immediate charge of the engineering details of the project and is responsible for Contract administration. The Engineer has authority to reject defective material and suspend work not performed in accordance with the Contract. The Engineer has authority to accept completed work, issue Directives, Interim Work Authorizations, and Change Orders, and recommend Contract payments. The Engineer will decide all questions about the quality and acceptability of the materials furnished and whether the work performed by the Contractor was in accordance with the Contract, the Contractor’s rate of progress, Contract interpretation and all other questions relating to Contract compliance. The Engineer has authority to suspend work for reasons listed under Subsection 108-1.06. If the suspension of work is to protect the traveling public from imminent harm, the Engineer may orally order the suspension of work. Following an oral order of suspension, the Engineer will promptly give written notice of suspension to the Contractor. In other circumstances, the Engineer will give the Contractor written notice of suspension before suspension of work. A notice of suspension will state the defects or reasons for a suspension, the corrective actions required to stop suspension, and the time allowed to complete corrective actions. If the Contractor fails to take the corrective action within the specified time, the Engineer may: 1. Suspend the work until it is corrected; and 2. Employ others to correct the condition and deduct the cost from the Contract amount. The Engineer may audit all books and records related to performance of the Contract, whether kept by the Contractor or a subcontractor, including cost or pricing data submitted under Subsection 104-1.02. 105-1.02 PLANS AND WORKING DRAWINGS. The SDSWCD shall provide the Contractor at least two full size sets of the conformed Plans and Specifications. If cross-sections are available, one set will be provided. The Contractor shall keep a complete set of these documents available on the project site at all times. 105-1.03 CONFORMITY WITH PLANS AND SPECIFICATIONS. Work performed and materials furnished shall conform to the Plans and Specifications and be within specified tolerances. When tolerances are not specified, the Engineer will determine the limits allowed in each case. All work or material not conforming to the Plans and Specifications is considered unacceptable unless the Engineer finds that reasonably acceptable work has been produced. In this event, the Engineer may allow non-conforming work or material to remain in place, but at a reduced price. The Engineer will document the basis of acceptance and payment by Change Order, unless the contract specifies a method to adjust the price of that item. The failure of the SDSWCD to strictly enforce the Contract in one or more instances does not waive its right to do so in other or future instances.
