105Control of Work

105-01 Engineer'S Authority.

The Engineer will make all decisions for the Department regarding the quality and acceptability of materials furnished, work performed, work progress, and contract interpretation. All communications by the Contractor with the Department, written or verbal, shall be in English. All references to costs, charges, prices, etc. shall be in United States dollars. Unless directed otherwise, the Contractor shall direct all communications with the Department through the Engineer. When communications are directed to persons or units other than the Engineer, a clear copy, including all attachments, shall be sent to the Engineer. The Engineer may stop by written order any work or any part of the work under the contract if the methods or conditions are such that 1) unsatisfactory work might result; or 2) if improper material(s) or procedure(s) are being used; or 3) if the Contractor fails to comply with any requirement or provision of the contract documents or with any State or Federal law or regulation; or 4) conditions are considered to be sufficiently deficient as to seriously affect the safety of the public or the workers employed; or 5) non- conformance with the work zone traffic control provisions is causing serious disruptions to traffic operations. The Contractor will not be entitled to any additional monetary compensation for such a work stoppage. Any work completed in violation of a written stop order will not be paid for even if subsequently determined to be acceptable. It is important that the public receive clear, reliable, and timely information about Department projects. Accordingly, all inquiries and requests for interviews or comments regarding the project, whether from the general public, governmental officials, print or broadcast media, trade magazines, internet-based or social media platforms, or other media outlets, shall be referred to the Department via the Engineer. The Department will coordinate responses to all such inquiries and requests. The Contractor shall alert all subcontractors and project personnel about this policy.

105-02 Character of Workers.

The Contractor shall give its constant attention to the work while it is in progress, or it shall place it in charge of a competent and reliable English-speaking Superintendent or Foreman, who shall have authority to act for the Contractor and who shall be acceptable to the Engineer. The Contractor shall always employ sufficient workers to progress the work to completion in the manner and time specified. All workers shall have sufficient skill and experience to properly perform the work assigned them. All workers engaged in special or skilled work shall have had sufficient experience in such work to perform it and operate the equipment involved properly, safely, and satisfactorily. Any person employed by the Contractor whom the Engineer may deem unruly, disorderly, incompetent, uncooperative, unsafe, unfit to perform the work, or otherwise engaged in illegal conduct on the project site, may be at once suspended from the project and immediately referred to the Deputy Chief Engineer of Construction (DCEC). The DCEC, then can decide if further action is warranted. If so, the DCEC can ban the worker, as shown below, according to the severity of the situation: 1.) From the project work site for the duration of the contract; 2.) A period of one (1) year from all Department projects; or 3.) An indefinite ban from all the Department projects. Any Contractor employee banned under numbers two (2) or three (3) above may submit a written request for reconsideration of the aforementioned ban to the DCEC.

105-03 Methods and Equipment.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 No Contractor employee may use, distribute, dispense, possess or manufacture any alcoholic beverages, illegal drugs or any other intoxicating substance on a contract site. The Contractor’s written policy shall require that employees be subject to reasonable suspicion drug and alcohol testing, not report to work under the influence of drugs or alcohol, nor be impaired or unable to function at the workplace as a result of consuming alcohol or other intoxicants. While prescription drugs are not prohibited, they should not render an employee unfit ro complete their job duties. Contractor employees that are suspected of using drugs or alcohol, or who are suspected to be under the influence of such substances, shall be reported to the Engineer. Contractor employees who are under the influence of drugs or alcohol may deemed incompetent are subject to the above procedure. Furthermore, firearms of any kind will not be permitted on Department contract worksites. They cannot be on the person of Contractor employees or in their vehicle parked at the contract worksite. See NY CLS Penal Law § 265.01-e.

105-03 Methods and Equipment.

Where particular methods or equipment are specifically required, the Contractor may apply in writing to the Regional Director to use alternate methods and equipment to provide the same results. Such alternates may be used only after favorable recommendation by the Regional Director and the written approval of the Deputy Chief Engineer, Construction (DCEC). When, in the opinion of the Regional Director, satisfactory results are not being obtained using the Contractor’s alternate methods and equipment, the methods and/or equipment shall be immediately modified to produce satisfactory results. The Contractor may use the most efficient equipment that is consistent with conditions at the time of use. It is anticipated that seasonal or weather conditions combined with the nature of the terrain will often require the use of lighter and smaller equipment than might be used under optimum conditions.

105-04 Contract Documents.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 The Contractor will be notified when any diesel powered construction equipment is in non - compliance. The Contractor shall correct non-compliance within a 24-hour period.

105-04 Contract Documents.

105-05 Vendor Responsibility.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 In the event the Contractor discovers an error or omission in the contract documents, it shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the contract documents.

105-05 Vendor Responsibility.

The Contractor shall at all times during the contract term remain responsible. The Contractor agrees, if requested by the Commissioner of Transportation or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. In addition to any and all other suspension rights provided elsewhere in this Contract, the Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. In addition to any and all other termination rights provided elsewhere in this Contract, upon written notice to the Contractor and a reasonable opportunity to be heard with appropriate Department officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach.

105-06 Cooperation With Utilities and Other Contractors.

105-07 Termination.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 The Contractor shall cooperate with Utilities and other contractors and arrange or adjust its progress schedule to coordinate with the other parties as indicated in the contract documents. Consistent with that indicated in the Base Line Data and contract documents, the Department will advise the Contractor of the schedules of others. If utility facility adjustments are to be made by a Utility's forces in connection with the contract during the contract term, the Contractor shall cooperate with the Utility In case of interference between the operations of the Utilities and contractors, the Department will adjust as necessary the schedule of each contractor and the sequence of work necessary to expedite the completion of the work. Coordination and access issues will be resolved by the Department, if necessary. Delays and interferences to the Contractor’s performance caused by activities of other contractors, which could not have reasonably been anticipated from the contract documents, may entitle the Contractor to an extension of time and/or time related damages. If any part of the Contractor's work depends on the work of any other contractor and/or the Department for proper execution and/or results, that would render its work unsuitable for proper execution and/or results, the Contractor shall promptly notify the Department of any discrepancies and/or defects in said other work prior to proceeding with its own work.

105-07 Termination.

The provisions of Article 11 Right to Suspend Work and Cancel Contract of the contract agreement and Section 40 of the Highway Law shall apply.

105-08 Removal of Unacceptable and Unauthorized Work.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 In such cases of termination, reimbursement for organization of the work (when not otherwise included in the contract) and moving equipment to and from the contract site will be considered where the volume of work completed is too small to compensate the Contractor for these expenses under the contract unit prices, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained by the Contractor for the work, that have been inspected, tested and accepted by the Engineer, and that are not incorporated in the work, shall be returned to the Manufacturer, Fabricator, or Material Supplier whenever it is possible to do so at nominal or no cost. Where the Contractor returns such materials to its Manufacturer, Fabricator, or Material Supplier, the State will pay the Contractor the actual documented costs connected with returning such materials to the extent such costs are reasonable as determined by the Department. In the event the Contractor is unable to return such material at reasonable or no cost, and provides documentation satisfactory to the Department that such material can not be economically returned, the State will be responsible for all such material and will either direct the manner of disposition or purchase such material from the Contractor at actual cost as shown by receipted bills and actual cost records to the extent such costs are reasonable as determined by the Department, at such points of delivery as may be designated by the Engineer. Termination of a contract or a portion thereof for the convenience of the State shall not relieve the Contractor of its responsibilities for the completed work, nor shall it relieve its surety of its obligation for and concerning any just claims arising out of the work performed.

105-08 Removal of Unacceptable and Unauthorized Work.

All work which does not conform to the requirements of the contract shall be considered unacceptable unless otherwise determined acceptable under the provisions in §105-04B Reasonable Close Conformity with Contract Documents. The Department may direct the Contractor to remove any portion of the work performed under this contract for inspection or for any other purpose. If such inspection shows that the work was constructed in accordance with the terms of the contract, payment shall be made to the Contractor for such removal and subsequent replacement at a fair and reasonable price for the work performed. No payment will be made for such removal or for replacement of the work to satisfactory condition if such inspection shows that the work was not constructed in accordance with the contract requirements. No payment will be made for the removal or replacement of any work which may itself be satisfactory, but the removal of which is necessary for the replacement of unsatisfactory work. No payment shall be made in such removal and replacement situations if work was done or materials furnished without inspection by an authorized Department representative. The above paragraph shall not apply to concrete foundation for pavement or portland cement concrete pavement rejected as a result of core tests. Work so rejected shall be removed and replaced at no additional cost to the State. All work shall be in satisfactory condition at the time of contract acceptance. Any work done or materials used without inspection by an authorized Department representative may be ordered removed and replaced at the Contractor's expense. Unacceptable work, whether caused by poor work, 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 irrespective of the presence of, or lack of, a Department Inspector or representative. This clause shall have full effect regardless of the fact that the defective work may have been done or the defective materials used with the full knowledge of the Inspector. The fact that the Inspector or Engineer may have previously overlooked such defective work shall not constitute an acceptance of any part of it.

105-09 Work Affecting Railroads.

105-09 Work Affecting Railroads.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 Requirements and procedures for operations on or adjacent to railway facilities can be found in Special Notes in the Contract Proposal. Additional information, if supplied by the railroad, may also be found in the Supplemental Information.

105-09 Work Affecting Railroads.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 the basis for a claim for extra compensation. Such work shall be done at the cost and expense of the responsible Contractor or Subcontractor.

105-09 Work Affecting Railroads.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 The work required to protect the railroad track ballast shall be performed by and at the expense of the Contractor and under the supervision of and to the satisfaction of the railroad company or its authorized representative. The railroad company will assume no responsibility for the adequacy of the work. In the event that the railroad track ballast does become fouled after the aforementioned protective measures are taken, the railroad company, with its own forces, may elect to remove and replace the fouled ballast with clean ballast. The charges for this work will be billed by the railroad company against the Contractor.

105-10 Survey and Stakeout.

Prior to the start of construction work, all right of way markers, property line markers and survey control markers located in or adjacent to areas which may be disturbed during construction shall be properly protected and tied to fixed reference points or located from established contract control. Upon completion of the work, all right of way or property line markers or survey markers that have been disturbed by the Contractor, shall be reset under the direction of a Land Surveyor. Field location notes shall be recorded and made available to the Engineer upon request at no additional cost to the State. All survey control and boundary location work shall be performed in accordance with the Department’s Land Surveying Standards and Procedures Manual under the direction of a Land Surveyor. All survey work performed for quality control by the Contractor and for quality assurance by the Department should both utilize: (1) similar levels of measurement precision and methods to perform positional measurements, (2) the same control network from which measurements are made, and (3) the same survey measurement procedures to ensure consistency of results. Terrain features are measured and positioned by various methods relative to the contract control network established for each contract. The precision with which an instrument or equipment positions a point is related to the quality of the method by which measurements are made, and the ability to duplicate the same measurement. The local accuracy of a located point is the closeness of the measured or computed value to a standard or accepted value (actual spatial position on the earth). Positional tolerance is the allowable spatial difference between making measurements by two different methods or by the same method at separate times, all of which have the same level of precision. Horizontal coordinates and vertical elevations of existing features provided as part of the contract are located in the field based on accuracies achievable for each positional point relative to the contract control. Positional accuracies are directly related to the strength of the contract control network, the methods used to make the measurements, the precision of the instruments used to measure to the feature, and how definable the feature is which is being located. Point feature locations represent a single position

105-11 Inspection.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 (for example: property line marker, sign post, utility pole, or fire hydrant) and can be re-identified or verified in the field to within a small variation (high confidence level) from where they were initially positioned. Linear feature locations define the alignment of that feature. That alignment can be verified to within a specific tolerance depending on the spacing or frequency at which the points were originally measured to define that alignment. Straight or uniformly curved linear features (for example: curbline, edge of roadway, or edge of sidewalk) which can be easily defined in the field should have a relatively small positional variation from their designed location when compared to a verified field location. Irregular shaped or not as clearly defined linear features (for example: break lines, ditchlines, treelines, or environmental area perimeters) which are sometimes difficult to define or delineate precisely in the field, could have a larger variation from where they were initially positioned when compared to a field-verified location. Digital terrain model (DTM) surfaces, when provided by the Department, are made up of a combination of point and linear features. The precision of a data collection instrument does not necessarily indicate what positional tolerance should be expected of any feature verified from an existing DTM. The location or elevation of a feature selected from a DTM surface can, at best, be determined by interpolating the horizontal position or elevation between previously located points. The verification of any specific elevation on the DTM surface is directly related to: (1) the spacing of collected data or breaklines used to produce that surface; (2) the uniformity of the surface being measured; (3) the steepness of the slope of that surface; and (4) how obscured the surface is from the measuring technique used to originally locate the surface. Standardized procedures for determining the spacing/frequency of point and linear features (including break lines), are critical to providing consistent results. Department standardized procedures for determining feature locations are described in both the Land Surveying Standards and Procedures Manual and the Specifications for Photogrammetric Stereocompilation. Verification of the positional tolerance of the DTM surface elevation requires a comparison of the original collected point data with recollected point data measured at the same horizontal locations. Field comparisons to interpolated DTM surfaces or recreated surface information (from other information sources) shall not be used for verification of the positional tolerance of a feature. Comparisons of re- measured point data can only be made with the original collected point data, not to interpolated positions. Measurements for verification of DTM point data shall also be made from the same contract control network, and by instruments capable of an equal or greater precision.

105-11 Inspection.

Department Inspectors are authorized to inspect all work done and materials furnished, including all or any part of the work and the preparation, fabrication or manufacture of the materials to be used. Department Inspectors may be Department employees, or agents acting for the Department. Department Inspectors are not authorized to either alter or waive the provisions of these specifications or the contract, or to issue instructions contrary to the plans and specifications, without written approval of the Engineer, or act as a foreperson for the Contractor. Department Inspectors have the authority to reject unacceptable work or materials. The Department inspections and tests are for the sole benefit of the Department and do not (1) relieve the Contractor of the responsibility for providing adequate quality control measures; (2) relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) constitute or imply acceptance; or (4) affect the continuing rights of the Department after acceptance of the completed work under Article 9 Final Acceptance of Work of the contract agreement. The Engineer and the Inspector shall be allowed full work access and shall be furnished with necessary information and assistance by the Contractor to make a complete and detailed inspection. The Contractor shall carry out the provisions of the contract at all times, regardless of whether an authorized inspector is present or not. Any work or item that is, at any time, found to be out of specification or not in compliance with the plans shall remain the responsibility of the Contractor and shall be subject to such corrective measures that are approved in writing by the Engineer.

105-12 Load Restrictions.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 The Contractor shall transmit a copy of any audit or inspection report conducted by SSPC, OSHA, or EPA of the contract site to the Engineer within seven days of receiving such a report. If the Contractor has been disciplined by SSPC or placed on warning, probation, suspended or revoked status from the Painting Contractor Certification Program (PCCP) during the past 24 months, the Contractor shall provide a written explanation of the cause for such action, the corrective measures enacted, and the Contractor’s current PCCP status.

105-12 Load Restrictions.

Construction equipment or vehicles delivering materials or traveling to a site from outside the contract limits shall have all required permits issued through the established Department vehicle permit system in accordance with Section 385 of the Vehicle and Traffic Law (or 23 USC, Section 127 for Federal Aid Projects on the Interstate System). The permit will indicate the limits within which such equipment with over-legal gross weights or axle loadings may operate, the frequency of such passages and all other limiting factors. Construction equipment or vehicles operating within the contract limits having gross weights or axle loadings within the legal limits Section 385 of the Vehicle and Traffic Law (or 23 USC, Section 127 for Federal Aid Projects on the Interstate System) may operate without specific approval. Prior to the use of construction equipment or vehicles with over-legal gross weights or axle loadings on any structure, on any new pavement or on any resurfaced pavement within the contract limits, the Contractor shall submit a written request to the Engineer. This request shall be accompanied, upon request, by an appropriate analysis performed by a Professional Engineer, including the pertinent equipment data, and shall demonstrate that the operations will not result in detrimental effects on the highway or structure. Use of over-weight construction equipment or vehicles within the contract limits other than listed above shall be subject to the approval of the Engineer. If it is determined that the use of construction equipment or vehicles is having a detrimental effect or will result in detrimental effects on the finished work, the Engineer will so notify the Contractor to modify or cease the operations.

105-13 Work Zone Traffic Control for Mobile Operations.

For contracts that involve mobile operations, but do not include separate contract pay items for work zone traffic control, a work zone traffic control sequence shall be provided by the Contractor in accordance with the MUTCD. When last following vehicle and/or trailing vehicles are required by these provisions, they shall meet the requirements of Section 619 Work Zone Traffic Control for Shadow Vehicles. No separate payment will be made for this work, the cost shall be included in prices bid for the various contract items.

105-14 Disputed Work and Dispute Resolution.

The term "dispute" shall mean a disagreement between the Contractor and the Department concerning a matter of contract performance or contract compensation. Dispute resolution may involve adjustments in compensation, adjustment of contract pay items, the addition of new contract pay items to the contract, and/or extension of time for performance. The Contractor shall continue the work during the pendency of the dispute. It is the goal of the Department to resolve disputes that may arise under the contract in a timely, just and fair manner consistent with the terms of the contract. The dispute resolution process may be undertaken at any time from the contract award to the issuance of the final payment by the Office of the State Comptroller. The dispute resolution process recognizes and will take into consideration the risks and controls inherent in construction which the Contractor or the Department have agreed to assume pursuant to the terms of the contract. The Contractor is encouraged, when initiating a dispute, to provide information concerning measures that may be taken to mitigate the damages. Disputes of any nature shall be made in strict accordance with the contract provisions, including the notice and recordkeeping provisions of §104-06 Notice and Recordkeeping. The Department reserves

105-14 Disputed Work and Dispute Resolution.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 the right to modify specifications or delete portions of the work being disputed in order to mitigate damages.

105-14 Disputed Work and Dispute Resolution.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 The Department, in determining whether or not any compensation is warranted, will evaluate the facts and circumstances which led to the acceleration to determine whether they were in the Contractor's control.

105-14 Disputed Work and Dispute Resolution.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 is agreed to. The Department's written response to the additionally documented dispute will be submitted to the Contractor within 30 calendar days after receipt of said additional documentation, or within a period of time no greater than that taken by the Contractor in producing said additional documentation, whichever is greater. If the Contractor disputes the Department's written response, or the Department fails to respond within the time prescribed, the Contractor may so notify the Department in writing within 15 calendar days of receipt of the Department's response, or within 15 calendar days of the Department's failure to respond. Upon the Contractor's request, the Department will schedule a meeting or conference and notify the Contractor within 30 calendar days of the scheduled date. By agreement between the Department and the Contractor, such time periods may be modified.

105-14 Disputed Work and Dispute Resolution.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

105-14 Disputed Work and Dispute Resolution.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 verified and shall bar recovery there under. In the event the Contractor fails to substantially furnish the required reports and accounting records, such failure shall constitute a waiver of the dispute for payment other than for payment at contract unit prices for the work performed. The Contractor will be allowed to review the audit findings and will be allowed 30 calendar days to respond to any items disallowed by the audit. Without limiting the generality of the foregoing, the auditors shall have available to them and the Contractor agrees to provide access to and true copies of the original, in whatever format the records are created/maintained, of the following documents:

105-15 Furnishing Right of Way.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 meeting process involves meeting(s) with the Contractor and its representatives and Department personnel to amicably resolve all remaining disputes of the Contract. In lieu of pursuing the closeout meeting process, the Contractor may elect to utilize the Gatekeeper process.

105-15 Furnishing Right of Way.

The Department will secure all rights of way in advance of construction. Any exception will be indicated prior to the award of the contract. The Contractor shall not enter upon any parcel until the proper rights of entry have been obtained. The Contractor's attention is directed to the fact that Permanent Easements (P.E.), Temporary Easements (T.E.) and Temporary Occupancies (T.O.) are obtained by the Department for specific construction purposes. Contractors should not anticipate unlimited usage of such areas and shall confine construction activities to such purposes as are specifically described in the ROW appropriation maps and/or as shown on the plans unless separate agreements are made between the Contractor and the

105-16 Shop Drawing Acceptance.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 landowner permitting other usage of such areas. Such limitations and related costs shall be reflected in the bid prices. Releases may be used for contract work outside of the existing right of way that minimizes the construction impacts on a property owner and is not essential for construction. A release is not used for property rights acquired by the Contractor, including rental of property for equipment staging, office space or material storage. Work performed under a release may include: plantings; unsound and hazardous tree removal; minor grading; and reconnection or minor work on private driveways, walkways and utilities as a result of work within the right of way. The Department will secure all releases prior to the Contractor performing contract work on private parcels. The Contractor may not secure releases for contract work. If a release cannot be obtained, the work will be removed from the contract. The Engineer will coordinate with the property owner to determine the disposition of any surplus material or waste in accordance with §107-10 Managing Surplus Material and Waste.

105-16 Shop Drawing Acceptance.

A shop drawing is a drawing, diagram, illustration, test data, performance chart, catalog cut, brochure and other data prepared by the Contractor, Subcontractor, Manufacturer, Fabricator or Material Supplier for submission to the Department as an illustration of a portion of the work. The Department’s acceptance of shop drawings does not relieve the Contractor of the responsibility to satisfactorily complete the work in accordance with the contract documents. Unless otherwise stated in the contract documents, no portion of the work requiring shop drawings or a sample of the work shall be commenced until the submission has been formally accepted by the Department. The Contractor will not be entitled to reimbursement for changes made to the contract documents unless such changes occur after submission of the shop drawings. Review of shop drawings will begin only after the submission of a complete set of information required to complete a discrete item of work. If the shop drawing requires a signature and seal by a Professional Engineer, a copy of an insurance certificate or CONR2 Prime Contractor’s Certification, in accordance with §107-06 Insurance, for Professional Liability shall accompany the submittal package. Unless stated elsewhere in the Standard Specifications, the review process will allow two work days per drawing submitted or a minimum of 10 days per submittal. Unless otherwise stated in the Steel Construction Manual or the Prestressed Concrete Construction Manual, a drawing shall be defined as a sheet of similar layout as the plan sheets in the contract documents. Submission of materials directly to a reviewing unit shall be done only with the approval of the Engineer. Complete copies of all submissions shall be provided to the Engineer.

105-17 Contract Records.

The Engineer will keep contract records in accordance with the Manual for Uniform Record Keeping (MURK). Changes that are made in subsequent revisions of the Manual will be incorporated in the contract procedures and records unless authorized to the contrary in writing by the Deputy Chief Engineer, Construction (DCEC). The Contractor is invited to review the contract records with the Engineer if desired. The Contractor may request occasional or incidental copies of contract records in support of on-going construction activities, subject to the availability of staff to fulfill the Contractor’s request. If the Contractor desires significant or large numbers of copies of records, the Contractor shall file a Freedom of Information Law (FOIL) request with the Regional Director. In several instances, (such as Force Account work, application for approval of Subcontractors, etc.) the Contractor shall furnish such data and information on forms as established in MURK and furnished by the Department.

105-18 Manufacturer Warranties and Guarantees.

The Contractor shall provide to the Department or the authority having jurisdiction of the facility any manufacturer's warranties and guarantees normally given as customary trade practice. For contracts involving the furnishing and/or installing of electrical and mechanical equipment, the Contractor shall

105-19 Contractor Warranties.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 guarantee the satisfactory in-service operation of mechanical and electrical equipment and related components for a period of 6 months following contract acceptance, at no cost to the State for either parts or labor. This requirement does not apply to mechanical and electrical equipment furnished by the State.

105-19 Contractor Warranties.

The Department may make available, subject to express agreement in writing between the Department and the Contractor, with approval from the FHWA when required, warranties associated with the contract for limited circumstances. A prototype warranty specification is available from the Department for the purpose of the Contractor's providing a warranty for a particular item, as opposed to providing a warranty for an entire contract. The product warranty will be developed between the Department and the Contractor with input from appropriate technical experts and the Office of Legal Affairs in conjunction with the Office of Construction, and incorporated into the contract via change order. The warranty may be used in situations including, but not limited to, work performed not in full compliance with the contract documents, where initial testing does not indicate any deficiency in the end product.

105-20 Opening Highway To Traffic Prior To Contract Final Acceptance.

When directed, in writing by the Regional Construction Engineer, the Contractor shall open to traffic any portion of new pavement and/or structures before contract final acceptance. Traffic on these portions of highway so opened to travel by the Regional Construction Engineer, shall be maintained and protected in accordance with the provisions of the contract. Should the Contractor be dilatory in completing the work on the portion of the highway directed to be opened, the Regional Construction Engineer may order all or a portion of the said highway open to traffic; and in this event the Contractor shall not be relieved of its liability and responsibility during the period the work is so opened prior to contract final acceptance. These provisions apply not only to the reconstruction of existing highways, but also to work on new locations where traffic is not maintained during construction.

105-21 Civil Rights Monitoring and Reporting.

The Department approved civil rights reporting software is Equitable Business Opportunity Solution (EBO). The EBO software is a web-based system owned and maintained by the Department and provided to the Contractor at no cost. The Contractor shall use the Department approved civil rights reporting software on all contracts. The Contractor shall enter into EBO complete and accurate electronic data to the Department for each month, not later than the 15th of the following month. Data shall be current through the end of the last full payroll week for that month, or as otherwise approved by the Engineer to coordinate with contract payment submittals.

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 NYS Department of Economic Development. An SDVOB may rebut a determination by the Department that the SDVOB is not performing a CUF to the NYS Office of General Services’ Division of Service-Disabled Veteran’s Business Development.

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 • Substituting similar dollar values of work within a currently approved core (3 digit) contract pay item number (i.e., 606 – Guide Railing). • Changes in participation due to minor differences between estimated quantities and actual work performed. The Contractor shall not terminate a DBE/MBE/WBE/SDVOB listed on the approved DBE/MBE/WBE/SDVOB Participation Plan without the prior written consent of the Department. This includes, but is not limited to, instances in which a Contractor seeks to perform work originally designated for a DBE/MBE/WBE/SDVOB subcontractor with its own forces or those of an affiliate, a non-DBE/MBE/WBE/SDVOB firm, or with another DBE/MBE/WBE/SDVOB firm. The Department will consent only if the Prime Contractor has good cause to terminate the DBE/MBE/WBE/SDVOB firm. Good cause includes, at a minimum, one the following circumstances: • The listed DBE/MBE/WBE/SDVOB fails or refuses to execute a written contract; • The listed DBE/MBE/WBE/SDVOB fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Contractor; • The listed DBE/MBE/WBE/SDVOB fails or refuses to meet the Contractor's reasonable, nondiscriminatory bond requirements. • The listed DBE/MBE/WBE/SDVOB becomes bankrupt, insolvent, or exhibits credit unworthiness; • The listed DBE/MBE/WBE/SDVOB is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1200 or applicable state law; • The Department has determined that the listed DBE/MBE/WBE/SDVOB is not a responsible Contractor; • The listed DBE/MBE/WBE/SDVOB voluntarily withdraws from the project and provides to the Department written notice of its withdrawal; • The listed DBE/MBE/WBE/SDVOB is ineligible to receive credit for the type of work required; • A DBE/MBE/WBE/SDVOB owner dies or becomes disabled with the result that the firm is unable to complete its work on the contract; • Other documented good cause that the Department determines compels the termination of the DBE/MBE/WBE/SDVOB. Provided, that good cause does not exist if the Contractor seeks to terminate a DBE/MBE/WBE/SDVOB it relied upon to obtain the contract so that the Contractor can self-perform the work for which the DBE/MBE/WBE/SDVOB was engaged or so that the Contractor can substitute another DBE/MBE/WBE/SDVOB or non- DBE/MBE/WBE/SDVOB contractor after contract award. Before submitting its request to terminate and/or substitute a DBE/MBE/WBE/SDVOB to the Department, the Contractor shall give notice in writing to the DBE/MBE/WBE/SDVOB subcontractor, with a copy to the Engineer, of its intent to request to terminate and/or substitute, and the reason for the request. The Contractor shall give the DBE/MBE/WBE/SDVOB five days to respond to the notice and advise the Department and the Contractor of the reasons, if any, why the DBE/MBE/WBE/SDVOB objects to the proposed termination of its subcontract and why the Department should not approve the Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Department may approve a response period shorter than five days.

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 Failure of a Contractor to obtain Department approval prior to reduction, termination or substitution of a DBE/MBE/WBE/SDVOB may be deemed a breach of contract subject to appropriate actions such as, but not limited to, a responsibility review, withholding contract payments, and/or loss of credit towards the DBE/MBE/WBE/SDVOB goals.

105-21 Civil Rights Monitoring and Reporting.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

106-01 Sources of Supply.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 requirements of the Contract and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the SDVOB participation goals, the Contractor shall be obligated to pay to the Department Liquidated Damages. Such Liquidated Damages for failure to meet the SDVOB requirements shall be calculated as an amount equaling the difference between the amount committed to the SDVOBs by the Contractor at award, and the amount actually paid to the SDVOBs for creditable work performed or materials supplied under the Contract, not including any amount for work deleted by the Department. For Response Contracts, such Liquidated Damages for failure to meet the DBE requirements shall be calculated as an amount equaling the difference between the goal amount based on the Contractor’s total bid price and the amount actually paid to the DBEs for creditable work performed or materials supplied under the Contract. If a determination has been made which requires the payment of Liquidated Damages and such identified sums have not been withheld by the Department, the Contractor shall pay such Liquidated Damages to the Department within sixty (60) days after they are assessed, unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Service-Disabled Veteran’s Business Development pursuant to Article 3 of the Veteran Services Law in which event the Liquidated Damages shall be payable if the Director renders a decision in favor of the Department. The Department may file a complaint with the NYS Office of General Services’ Division of Service-Disabled Veteran’s Business Development pursuant to Veteran Services Law Article 3, or other sanctions may also be imposed and remedies invoked as provided under the authority of Veteran Services Law Article 3, 9 NYCRR 252.2(s), or by rule, regulation, or order of the Commissioner or as otherwise provided by law.

Control of Work in other states

• Alaska 105 · CONTROL OF WORK
• Alabama 105 · CONTROL OF WORK
• Arkansas 105 · CONTROL OF WORK
• Colorado 105 · Control of Work
• Georgia 105 · Control of Work
• Idaho 105 · CONTROL OF WORK
• Illinois 105 · CONTROL OF WORK