108Prosecution and Progress

(Last Revised SeptemberJanuary, 20256)

108-01PROGRESS SCHEDULE

The purpose of a progress schedule is to ensure adequate planning and execution of the work and to evaluate the progress of the work. The Contractor’s progress schedule, updates, revisions and reports will be an integral part of the Department’s management of the capital program. The Contactor's schedules will be used by the Department to monitor progress, plan the level of effort by its own work forces and consultants, and as a critical decision making tool. Accordingly, the Contractor shall ensure that its progress schedule submissions are both accurate and timely. Approval of the progress schedule shall not be construed to imply approval of any particular method or sequence of construction or to relieve the Contractor of providing sufficient materials, equipment and labor to guarantee completion of the contract in accordance with the contract documents. Approval shall not be construed to modify or amend the contract agreement or the completion date therein. All costs to create and update the progress schedule shall be solely the Contractor's obligation and will be at no additional cost to the State unless specifically provided for in other contract provisions. If the work falls behind the progress schedule, the Contractor shall take such actions as necessary to improve its progress. If the Contractor is behind schedule any month, the Contractor shall indicate what measures it will take in the next thirty (30) days to put the work back on schedule so as to meet the contract completion date specified in the contract. In preparing the revised schedule, the Contractor shall consider increasing its work force, construction plant and equipment, the number of work shifts, etc.

apply to all contracts that do not contain a requirement for a CPM Schedule.

and submit a complete baseline progress schedule to the Engineer for approval, showing the significant on-site construction activities with planned start and completion dates, including activities of the Contractor, subcontractors, fabricators, and suppliers to ensure adequate planning and communication. Activities shall include, the following items, as applicable: (a) milestone events; (b) seasonal weather limitations (c) the procurement and fabrication of materials, plant and equipment; (d) the order in which the Contractor proposes to complete activities; (e) temporary structures or systems; (f) major construction or work zone traffic control stages; (g) activities assigned to Utilities, railroads and other parties; (h) activities assigned to the Department and other State or municipal entities; (i) sampling and testing of materials; (j) settlement, surcharge or cure periods;

inspection. Any graphical representations shall be shown at a suitable scale to be legible and readable.

PROGRESS SCHEDULE

174 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

and revise the schedule to reflect any major changes in the work, completion time, or both, and submit the updated and revised schedule to the Engineer. The modification of a date, either planned or actual, is considered an update. The modification of progress schedule logic in any manner is considered a revision. When requested by the Regional Construction Engineer, the Contractor shall furnish weekly progress schedule updates and revisions indicating number of personnel, equipment type, and location and nature of the work to be performed. The Engineer will acknowledge in writing within 7 days of receipt that the submittals are accepted, or that revisions are needed. If the proposed progress schedule is not acceptable, the Engineer may direct the Contractor to submit a new schedule. The Department may request that meetings be held by the Contractor at least on a monthly basis and be attended by the Engineer who will monitor the Contractor's progress and performance.

a degree that the Regional Construction Engineer deems such failure to adversely affect the management and/or administration of the contract,, the Engineer may withhold approval of contract payments pursuant to Article 8 No Payment on Contractor's Non-Compliance of the contract agreement until such time as the Contractor submits the required progress schedule.

used to establish a standard methodology for time adjustment analysis, based on the principles of the Critical Path Method of scheduling, to identify work items and paths that are critical to the timely completion of the work, to identify upcoming activities on the critical path(s), to evaluate the best course of action for recovering schedule delays, to facilitate efforts to complete the work in a timely manner, and to evaluate resource requirements of the Contractor and the Department. The Contractors progress schedule will be used as the basis for analyzing the time impact of changes in the work and unanticipated delays on any contract milestone dates; to resolve contract disputes concerning time; and as the basis for recommendations for changes to the contract completion date. Events, actions, and progress that cause delays or gains to the progress schedule will be analyzed solely by the Contemporaneous Period Analysis method.

progress schedule to the Engineer for approval, showing all of the on-site construction activities with durations and seasonal or other limitations, including activities of the Contractor, subcontractors, fabricators, and suppliers to ensure adequate planning and communication. The number and details of the activities will be dependent upon the nature, size, and complexity of the work. Activities shall include, but shall not be limited to: (a) milestone events; (b) a list of activities on the critical path; (c) the procurement/submittal process including shop drawings and sample submittals; (d) the fabrication and delivery of key elements and those with long lead times; (e) temporary structures or systems; (f) falsework and shoring; (g) major construction or work zone traffic control stages; (h) activities assigned to Utilities, railroads and other parties; (i) activities assigned to the Department and other State or municipal entities; (j) sampling and testing of materials; (k) settlement, surcharge or cure periods; (l) punch list work, and (m) inspection activities assigned to the Department, including final inspection.

progress schedule to reflect changes in the work, completion time, or both, and submit the updated and revised schedule to the Engineer. The modification of a date, either planned or

108-02COMPLETION DATE

175 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 actual, is considered an update. The modification of progress schedule logic in any manner is considered a revision. The Engineer will acknowledge in writing within 7 days of receipt that the submittals are accepted, or that revisions are needed. If the proposed schedule is not acceptable, the Engineer may direct the Contractor to submit a new schedule. The Department may request that meetings be held by the Contractor at least on a monthly basis and be attended by the Engineer who will monitor the Contractor's progress and performance.

information including but not limited to; the events that caused the delay, the party or parties responsible for the delay, activities in the current progress schedule affected by the events, and the magnitude of the delay using the current progress schedule update. The Contractor shall maintain a contemporaneous tally of all delay days, those it contends are attributable to the State, and those it contends attributable to the Contractor. The Contractor shall submit the tally of delay days to the Engineer on a monthly basis. The Engineer will also maintain a contemporaneous tally of delay days, in order to facilitate agreement on the status and responsibility for delays, or to limit and document disagreements between the Contractor and the Department. If the Contractor alleges that a time related delay has or is occurring that impacts the Critical Path, the Contractor shall submit a monthly progress schedule update and revision with the next progress schedule submission, and a narrative Time Impact Analysis. The Department, as necessary, will either request in writing that the Contractor submit an Application for Extension of Completion Date and/or request in writing that the Contractor accelerate the work impacted, and submit a schedule revision which demonstrates how the acceleration will recover the necessary time. Upon submission of a progress schedule update and revision containing a Time Impact Analysis, the Department will evaluate the merit of the requested time extension. The Engineer will review the documentation of delay within 14 calendar days of receipt and will provide a written response to the Contractor regarding deficiencies of the submission, required additional information and the Department’s technical review and findings to date.

a degree that the Regional Construction Engineer deems such failure to adversely affect the management and/or administration of the contract, the Engineer may withhold approval of contract payments pursuant to Article 8 No Payment on Contractor's Non-Compliance of the contract agreement until such time as the Contractor submits the required progress schedule. If the Contractor fails to submit the required progress schedule updates and revisions, the Contractor waives its rights to adjustments of time and related compensation for delays that accrue during the period in which the progress schedule has not been submitted in accordance with the detailed CPM scheduling requirements. The Department will have no liability for any subsequent Contractor time related disputes which occurred during the period of time in which the Contractor failed to submit monthly progress schedule updates and revisions in a timely manner.

COMPLETION DATE

The Contractor shall employ and supply a sufficient force of workers, materials and equipment and shall progress the work with such diligence so as to ensure completion of the work prior to the contract completion date. In accordance with Article 4 Date of Completion of the contract agreement, the Contractor shall complete all work to be performed under the contract within the time stated in the contract agreement or within such extended time for completion as may be granted by the Commissioner. If the Contractor

108-03FAILURE TO COMPLETE WORK ON TIME

176

Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 desires an extension of time, an Application for Extension of Completion Date shall be submitted to the Engineer sufficiently early for the Engineer to make a recommendation and forward the application so that it may be filed with the Regional Director at least 15 days prior to the contract completion date. The Contractor may propose a projected early completion date on any progress schedule submission. If the Contractor desires reimbursement for delay damages caused by the Department in accordance with §109-05D Time Related Compensation related to an early completion date, the Contractor shall obtain approval of the change to the completion date via a separate Value Engineering Change Proposal (VECP) in accordance with §104-10 Value Engineering Change Proposal. If the VECP is approved by the Department, the contract completion date will be revised to the proposed early completion date, via Change Order. If the Contractor fails to complete all contract work by the revised contract completion date, the Department will assess Engineering Charges, but not Liquidated Damages, for the work that remains uncompleted, for the period after the revised contract completion date to the original contract completion date, in accordance with §108-03 Failure to Complete Work on Time. If the Contractor fails to complete all contract work by the original contract completion date, the Department will assess Engineering Charges for the work that remains uncompleted, and Liquidated Damages, for each calendar day from the original contract completion date to the final date of completion of the work, in accordance with §108-03 Failure to Complete Work on Time.

FAILURE TO COMPLETE WORK ON TIME

For each calendar day, or any portion thereof, that any work remains uncompleted after the contract completion date specified in the contract agreement, Liquidated Damages and/or Engineering Charges from the contract completion date to the final date of completion of the work will be assessed against the Contractor. In addition, for each calendar day, or any portion thereof, that a Work Order remains uncompleted after the time frame specified in the contract documents, Liquidated Damages and/or Engineering Charges, from the date the Work Order should have been completed to the date of final completion of the Work Order, will be assessed against the Contractor. Reasonable time necessary for reviews of shop drawings by the State or its agents, for changes or additions to the work to meet field conditions which do not significantly affect the scheduled completion of the contract, delays incurred by seasonal and weather limitations, localized labor actions and shortages of supplies or materials, and other situations which should be anticipated are neither compensatory nor eligible for extensions of time without the assessment of Liquidated Damages and Engineering Charges, except as provided for under §108-04 Delay Provisions. Before assessing Liquidated Damages and/or Engineering Charges, the Department will give due consideration to factors attributing to such delay due to extenuating circumstances beyond the control of the Contractor limited to the following:

of other contractors or personnel employed by the State, by other public bodies, by railroad, transportation or utility companies or corporations, or by private enterprises, or any delay in progressing such work by any third party except as indicated or disclosed in the contract documents or ordinarily encountered or generally recognized as inherent in the work.

except as indicated or disclosed in the contract documents or ordinarily encountered or generally recognized as inherent in the work.

companies or corporations, including, but not limited to, approvals, permits, restrictions, regulations or ordinances not attributable to a Contractor's submission, action or inaction or Contractor's means and methods of construction.

submission, action or inaction or Contractor's means and methods of construction.

FAILURE TO COMPLETE WORK ON TIME

177 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

jurisdictional disputes or labor actions affecting a single or small group of contractors or suppliers.

differentiated from delays in delivery by a specific or small group of suppliers.

conditions which could generally be anticipated by the bidders, as well as floods, droughts, tidal waves, fires, hurricanes, earthquakes, landslides, or other catastrophes.

work is completed.

issuance of change orders or field change sheets, or delays beyond the established time periods for review and approval for shop drawings, which significantly affect the overall completion of the contract.

beyond that indicated by the contract if such unavailability, as determined by the Commissioner, significantly affects the scheduled completion of the contract.

Character of Work and §104-05 Suspensions of Work Directed by the Engineer.

expenses incurred by the State, its consultants and inspection agencies, and by railroad companies. Engineering Charges will be assessed in cases where the work has been unduly delayed by the Contractor because of unwarranted reasons, inefficient operation, or for any other reason for which the Department determines the Contractor to be responsible.

amount per calendar day specified in Table 108-1 Schedule of Liquidated Damages, in addition to Engineering Charges as provided for in §108-03A. Engineering Charges. Liquidated Damages for special or very large contracts may be specified in the contract proposal. The Commissioner may waive such portions of the liquidated damages as may accrue if the work is deemed to be in such condition as to be safe and convenient for use by the traveling public. When specified in the contract documents, Liquidated Damages may also be assessed for each calendar day, or portion thereof, for failure to complete certain portions of work or for failure to comply with requirements shown in the contract documents, including in-stream or in-water work or restriction dates specified by environmental regulatory agencies. Liquidated Damages will be assessed not as a penalty, but as liquidated damages; provided however that due account shall be taken of any adjustment of the contract time for completion of the work as provided elsewhere in the specifications. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion or after the date to which the time for completion may have been extended, will in no way constitute a waiver on the part of the State of any of its rights under the contract. The Contractor is responsible and liable for said liquidated damages even in the event that the Contractor abandons the performance of the contract or the Contractor's employment is terminated pursuant to the provisions of this contract. TABLE 108-1 SCHEDULE OF LIQUIDATED DAMAGES Original Total Contract Bid Price Liquidated Damages per Calendar Day From More Than To and Including

108-04DELAY PROVISIONS

178 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 $0 $2,000,000 $2,500 $2,000,000 $5,000,000 $3,250 $5,000,000 $10,000,000 $4,000 $10,000,000 $20,000,000 $6,500 $20,000,000 - $11,000 Liquidated Damages shall apply to Work Orders when the required time frame(s) for completion of the Work Orders is included in the contract documents. If the Contractor fails to complete the Work Order within the time frame specified in the contract documents, Liquidated Damages will be assessed in accordance with Table 108-2 Schedule of Liquidated Damages – Work Orders. No Liquidated Damages will be assessed for Work Orders where the time frame for completion of the Work Orders has not been included in the contract documents. If a Contractor fails to start or complete a Work Order, liquidated damages will be assessed based on the estimated value of the Work Order. TABLE 108-2 SCHEDULE OF LIQUIDATED DAMAGES – WORK ORDERS Final Total Work Order Cost Liquidated Damages per Calendar Day From More Than To and Including $0 $125,000 $ 500 $125,000 $250,000 $1,000 $250,000 $500,000 $1,500 $500,000 $1,000,000 $2,000 $1,000,000 $2,000,000 $2,500 $2,000,000 $4,000,000 $3,000 $4,000,000 - $3,500

DELAY PROVISIONS

interference in certain defined instances. The Contractor will only be eligible for extra compensation caused by delay or interference affecting the performance or the scheduling of contract work for those instances arising out of:

parties at the time of entering into the contract. These aforementioned provisions may also form the basis for extra work compensation pursuant to §105-14 Disputed Work and Dispute Resolution and §109-05 Extra Work and Time Related Compensation. Failure of the Contractor to adequately progress completion of the work will be considered in determining whether the aforementioned instances are the primary causes of delay. In all such instances, for any requests made under this subsection, the Contractor shall keep detailed written records of the costs in accordance with §104-06 Notice and Recordkeeping. Any dispute shall be promptly submitted to the Engineer in writing, pursuant to §105-14 Disputed Work and Dispute Resolution.

included in its bid prices for the various items of the contract, any extra/additional costs attributable to any delays, inefficiencies or interferences in the performance of the contract caused by or attributable

108-05SUBLETTING OR ASSIGNING THE CONTRACT

179 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 to the items set forth below. The Contractor shall be compensated solely by an extension of time, with or without engineering charges as appropriate, to complete the performance of the work in accordance with the provisions of §108-02 Completion Date.

to personnel or other contractors employed by the State, by other public bodies, by railroad, transportation or utility companies or corporations, or by private enterprises.

documents or ordinarily encountered or generally recognized as inherent in the work.

party, as indicated or disclosed in the contract documents or ordinarily encountered or generally recognized as inherent in the work.

or utility companies or corporations, including, but not limited to, approvals, permits, restrictions, regulations or ordinances attributable to a Contractor's submission, action or inaction or Contractor's means and method of construction.

Contractor's submission, action or inaction or Contractor's means and method of construction.

landslides, or other catastrophes. However, payment may be made for repairing damage to the work caused by an "occurrence" as provided in §107-09 Damage.

delays in the review or issuance of change orders, or field change sheets or delays within the established time periods for review and approval for shop drawings.

into the contract.

sufficient to cause a delay to the Contract Completion Date, or interim milestones, where at least one of the delays meets one of the above non-compensable delay provisions.

SUBLETTING OR ASSIGNING THE CONTRACT

The Contractor shall perform, with its own organization, contract work amounting to not less than 30 percent of the total contract bid price. The Contractor’s own organization shall include only workers employed and paid directly by the Contractor and equipment owned or rented by it. The amount subcontracted will be computed based on contract pay item bid prices, except where a Subcontractor is identified as performing less than the full scope of an item.

SUBLETTING OR ASSIGNING THE CONTRACT

180 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 The Contractor is responsible for all work performed by Subcontractors, Trucking Firms, Manufacturers, Fabricators, Material Suppliers, Services and any other parties in the performance of the contract, regardless of whether Department approval has been obtained. The Contractor shall not enter into any subcontract with any person or firm listed as debarred from government contracts by the New York State Department of Labor or Workers Compensation Board on https://applications.labor.ny.gov/EDList/searchPage.dohttps://apps.labor.ny.gov/EDList/searchPage.do or by the Federal Government, General Services Administration on https://www.sam.gov/SAM/. Work shall be performed only by Subcontractors and Trucking Firms specifically approved by the Regional Construction Engineer or designee, and work shall not begin prior to approval by the Department. Work shall not be assigned by a Subcontractor to a lower tier Subcontractor. Work shall not be assigned by a trucking broker or by a Trucking Firm to a lower tier trucking firm. Work by a non-approved Subcontractor, Trucking Firm, or DBE/MBE/WBE/SDVOB will be suspended by the Engineer and payment for work by a non-approved Subcontractor, Trucking Firm, or DBE/MBE/WBE/SDVOB may be withheld.

firm, entity, person, or party for any part of the work in connection with the Contract. All Subcontracts shall be in writing and shall contain all pertinent provisions of the contract, including Federal and State Laws and Regulations. Upon request, the Contractor shall provide a copy of any requested written subcontract. All Subcontractors, Trucking Firms and Professional Services shall maintain insurance coverages as required by §107-06 Insurance. All subcontracts, supply or equipment contracts in excess of $10,000, shall incorporate the provisions of §102-11 Equal Employment Opportunity Requirements. The provisions may be incorporated by reference. All subcontracts shall incorporate the provisions of §105-21 Civil Rights Monitoring and Reporting. The provisions may be incorporated by reference. All subcontracts shall incorporate the provisions of §107-16 Ensuring Pay Equity by State Contractors. The provisions may be incorporated by reference. All subcontracts shall incorporate the provisions of §108-05G. Title VI Assurance, including supply and equipment contracts, unless exempt by 49 CFR 21, or directives issued pursuant thereto. The provisions may be incorporated by reference. All subcontracts, supply or equipment contracts shall incorporate the provisions of §105-14 Disputed Work and Dispute Resolution. The provisions may be incorporated by reference. If such subcontracts or supply or equipment contracts do not have similar provisions, then the State payments to the Contractor for such subcontract or supply or equipment work shall be limited to only that which are provided by the provisions of §105-14 Disputed Work and Dispute Resolution as if it were in effect for such subcontract or supply or equipment contract. All Subcontractors and Trucking Firms working within the contract limits or at a facility dedicated to the contract shall have a written Project Safety and Health Plan in accordance with §107- 05 Safety and Health Requirements or shall have a copy of the Contractor’s written Project Safety and Health Plan and shall confirm by written agreement with the Contractor that all construction operations are adequately addressed. If a Subcontractor or Trucking Firm are following their own written Health and Safety Plan, the Contractor shall have a copy and shall ensure that the Subcontractor’s and Trucking Firm’s plans are not in conflict with the Contractor’s written Safety and Health Plan. All Subcontractors shall have a written policy addressing sexual harassment prevention in the workplace and provide annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-G of the New York State Labor Law. For Federal-Aid contracts, the Contractor shall insert Form FHWA-1273 Required Contract Provisions Federal-Aid Construction Contracts, into all subcontracts (excluding purchase orders,

SUBLETTING OR ASSIGNING THE CONTRACT

181 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 rental agreements and other agreements for supplies or services). The Contractor (or Subcontractor) shall incorporate by reference the applicable requirements of Form FHWA-1273 for work done under any purchase order, rental agreement, or agreement for other services. For Federal-Aid contracts, the Contractor shall directly incorporate the provisions of §108-05F. DBE Program Assurance in every subcontract. The provisions may not be incorporated by reference. For Federal-Aid contracts, the Contractor shall directly incorporate the provisions of §107-15 Use of United States-Flag Vessels in every subcontract. The provisions may not be incorporated by reference

• Firms performing on-site work as defined in the contract documents. • Firms performing the on-site maintenance of previously furnished and installed products. • Firms delivering materials to the contract site and incorporating them directly into the work by the firm’s on-site work force.

• Manufacturers, Fabricators and Material Suppliers who do not incorporate supplies or materials directly into the contract work. • Work Services and Professional Services not accounted through labor, equipment and materials. • On-Site Trucking, Off-Site Trucking, Owner/Operator Trucking and Material Delivery. (For Trucking Firm approval, see §108-05D Trucking Firms).

Subcontractor shall file and have approved a completed Form CCA-2 New York State Vendor Responsibility Questionnaire – For Profit Construction with the Office of Contract Management. If a Contractor is not SSPC certified, Subcontractors performing structural paint removal operations and painting work shall be SSPC certified or alternatively certified by the Department in accordance with §105-03 Methods and Equipment. The Contractor shall submit Subcontractor approval requests to the Regional Construction Group for approval by the Regional Construction Engineer or designee. For each Subcontractor approval request, the Contractor shall submit the following: • CONR89 Approval to Subcontract • AAP20E DBE/MBE/WBE/SDVOB Participation(EBO form required for all DBE/MBE/WBE/SDVOB firms) • Labor affidavit Form AC 2948 Subcontractor’s Certification; • HC-108 Certification for Subcontracted Work – Project Specific Safety and Health Plan; • CONR2 Prime Contractor’s Certification (required for proof of insurance for Subcontractors in accordance with §107-06 Insurance); • CONR5 Contractor/Subcontractor SPDES Permit Certification (required if there is a contract SPDES Permit); • CONR1 Bidder Assurance of No Conflict of Interest or Detrimental Effect, signed by an authorized executive or legal representative of the firm; • Scope of Work. The Department reserves the right to suspend or withdraw its approval of Subcontractors where the Department determines it is in the best interest of the State to do so, including, but not limited to a Subcontractor’s failure to comply with Health and Safety requirements, failure to comply with the terms of the Contract, and/or failure to remain a

SUBLETTING OR ASSIGNING THE CONTRACT

182 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 responsible Subcontractor for the entire duration of the Contract.

Contractor for a fee or other basis not generally accounted for through labor, materials and equipment billing. For definition of Professional Services, see §101-02 Definitions. For each Professional Service, the Contractor shall submit the following: • CONR2 Prime Contractor’s Certification (required for proof of insurance for the Professional Service in accordance with §107-06 Insurance); • AAP20E DBE/MBE/WBE/SDVOB Participation (EBO form required for all DBE/MBE/WBE/SDVOB firms); • HC-108 Certification for Subcontracted Work - Project Specific Safety and Health Plan; • Scope of Work (required for all DBE/MBE/WBE/SDVOB firms).

Owner-Operators. Material Delivery does not require approval by the Department. The Contractor shall submit approval requests to the Regional Construction Group for approval by the Regional Construction Engineer or designee. Upon request, proof of vehicle registration shall be submitted to the Department. Work shall not be assigned or delegated by a Trucking Firm to a separate (lower- tiered) trucking firm or trucking broker(s). Trucking Firms shall be paid directly by the Prime Contractor or Subcontractor. The Department reserves the right to withhold, suspend or withdraw its approval of Trucking Firms where the Department determines it is in the best interest of the State to do so, including, but not limited to, a Trucking Firm’s failure to comply with the terms of the Contract and/or failure to remain a responsible firm for the entire duration of the Contract.

within §108-05, where the truck driver is required to be paid prevailing wages (see §102-10 Labor and Employment). Certified payrolls are required to be submitted to the Engineer on a weekly basis. For each On-Site Trucking approval request, the Contractor shall submit the following: • CONR90 Trucking Firm Approval; • AAP20E DBE/MBE/WBE/SDVOB Participation (EBO form required for all DBE/MBE/WBE/SDVOB firms); • AAP23 DBE/MBE/WBE/SDVOB Trucking Form (required for all DBE/MBE/WBE/SDVOB firms); • Labor affidavit Form AC 2948 Subcontractor's Certification; • HC-108 Certification for Subcontracted Work - Project Specific Safety and Health Plan; • CONR2 Prime Contractor’s Certification (required for proof of insurance for Trucking Firms in accordance with §107-06 Insurance); • Long-term trucking leases (if applicable, required for all DBE/MBE/WBE/SDVOB firms).

not required to be paid prevailing wages (see §102-10 Labor and Employment). For each Off-Site Trucking approval request, the Contractor shall submit the following: • CONR90 Trucking Firm Approval; • AAP20E DBE/MBE/WBE/SDVOB Participation (EBO form required for all DBE/MBE/WBE/SDVOB firms);

SUBLETTING OR ASSIGNING THE CONTRACT

183 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 • AAP23 DBE/MBE/WBE/SDVOB Trucking Form (required for all DBE/MBE/WBE/SDVOB firms); • HC-108 Certification for Subcontracted Work - Project Specific Safety and Health Plan; • CONR2 Prime Contractor’s Certification (required for proof of insurance for Trucking Firms in accordance with §107-06 Insurance); • Long-term trucking leases (if applicable, required for all DBE/MBE/WBE/SDVOB firms).

who do not have any employees, and therefore are not subject to prevailing wage rates. In order to be an Owner/Operator, the following conditions shall be met:

For each Owner/Operator Trucking approval request, the Contractor shall submit the following: • CONR90 Trucking Firm Approval; • AAP20E DBE/MBE/WBE/SDVOB Participation (EBO form required for all DBE/MBE/WBE/SDVOB firms); • AAP23 DBE/MBE/WBE/SDVOB Trucking Form (required for all DBE/MBE/WBE/SDVOB firms); • HC-108 Certification for Subcontracted Work - Project Specific Safety and Health Plan; • CONR2 Prime Contractor’s Certification (required for proof of insurance for Trucking Firms in accordance with §107-06 Insurance); • Long-term trucking leases (if applicable, required for all DBE/MBE/WBE/SDVOB firms).

worksite by a Manufacturer, Fabricator, or Material Supplier by either direct delivery or through use of a trucking firm to drop or stockpile. If material delivery is subject to the Davis Bacon Act or NYS Labor Law, Material Suppliers shall submit certified payrolls as set forth in §102-10 Labor and Employment. Material Delivery does not require approval by the Department.

definition of Manufacturers, Fabricators, Material Suppliers, Brokers, and Work Services, see §101- 02 Definitions. For definition of Distributor, see §102-12 DBE/MBE/WBE/SDVOB Participation. Material Suppliers include equipment rental without an operator. For each DBE/MBE/WBE/SDVOB Manufacturer/Fabricator, Material Supplier, Broker, and Work Service, the Contractor shall submit the following: • AAP20E DBE/MBE/WBE/SDVOB Participation (EBO form required for all DBE/MBE/WBE/SDVOB firms); • AAP22 DBE/MBE/WBE/SDVOB Material Supply Form (required for DBE/MBE/WBE/SDVOB Material Suppliers and Brokers); • HC-108 Certification for Subcontracted Work - Project Specific Safety and Health Plan; • Long-term trucking leases (if applicable, required for DBE/MBE/WBE/SDVOB Material Suppliers and Brokers); • Purchase Order / Rental Agreement (if applicable, required for DBE/MBE/WBE/SDVOB Material Suppliers); • Scope of Work (required for DBE/MBE/WBE/SDVOB Work Services).

108-06COMMENCEMENT OF ACTIONS ON STATE PUBLIC WORKS CONTRACTS

184 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1

26 in the award and administration of Federal-Aid contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Department deems appropriate.

to nondiscrimination in federally assisted programs of the USDOT 49 CFR 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Subcontractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the contract covers a program set forth in 49 CFR 21Appendix B.

all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and 49 CFR 21 relative to nondiscrimination on the grounds of race, color, or national origin.

required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Subcontractor is in the exclusive possession of another who fails or refuses to furnish this information the Subcontractor shall so certify to the Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

nondiscrimination provisions of this contract, the Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

complies, and/or

COMMENCEMENT OF ACTIONS ON STATE PUBLIC WORKS CONTRACTS

In accordance with State Finance Law §138-a, the time within which an action on this contract, against the Contractor, must be commenced shall be computed from the date of completion of the physical work. The Contractor may notify the Department in writing that such physical work has been completed by specifying a completion date, which date shall be no more than 30 days previous to the date of such notice, in which case the completion date set forth in such notice shall be deemed to be the date of

108-07SEASONAL SHUT-DOWN

185 Section 100 STANDARD SPECIFICATIONS (USC) January 1, 2026 Volume 1 completion of the physical work unless the Department, within 30 days of receipt of such notice, notifies the Contractor in writing of its disagreement. In the event the Contractor fails to send a notice provided for herein, or the State disagrees, then the date of completion of the physical work shall be determined in any other manner provided by law. If the Contractor elects to send such a notice, it shall be sent by certified mail to: Office of Legal Affairs 50 Wolf Road Albany, New York 12232 The Department hereby disagrees with any date selected by the Contractor pursuant to §138-a of the State Finance Law which is earlier than the date of contract final acceptance as determined by the Commissioner or his/her designee. The provisions of §138-a shall in no way modify the duties and obligations of the Department to comply with Article eleven-A of the State Finance Law (prompt payment legislation).

SEASONAL SHUT-DOWN

If it should become necessary to stop the work due to the lateness of the season, the Contractor shall open proper draining ditches, erect temporary structures where necessary, prepare the contract site so that there will be a minimum interference with traffic, set up and maintain a competent organization to maintain traffic through the contract site, and take precautions to prevent damage or unreasonable deterioration of the work during the time it is closed.