1108.01 SUBLETTING OF CONTRACT.
The Contractor's own organization shall perform work amounting to not less than 30% of the total contract cost unless otherwise specified in the contract documents. The percent of total contract subcontracted will be computed on Contract Unit Prices for work performed by the subcontractor, unless the subcontractor is only doing partial work on the contract item. In order to meet this 30% requirement, the Contractor shall not purchase any materials for a subcontracted item nor shall they place other contractor's employees on their payroll. Employees must be hired in accordance with the Affirmative Action hiring process as detailed elsewhere in the contract documents. Any item designated as a specialty item may be performed by subcontract, and the cost of any such specialty item as performed by subcontract may be deducted from the total cost before computing the amount of work required by the Contractor's organization. Any items that have been selected as specialty items for the contract are listed as such in the contract documents.

Except for the furnishing and transportation of materials, no portion of the contract shall be sublet, assigned, or otherwise disposed of except with written consent of the Contracting Authority. Where a subcontract has been approved, the approved subcontractor shall be responsible to complete that portion of the contract with its own organization.

Where a subcontract does not exist, but a DBE firm is manufacturing, supplying, or trucking materials to the job site; terms of the agreement shall be described and documented on the Subcontract Request and Approval form (Form 830231). This will assure the Engineer that a Contractor is meeting commitments previously stated on the Statement of DBE Commitments form (Form 102115). This dollar value will not be used to determine the percent subcontracted as specified previously. Where Davis/Bacon wage requirements apply, the Contractor shall be responsible for collecting and submitting certified payrolls for all drivers. Owner/operators shall be listed on the certified payrolls as owner/operators.

Request for permission to subcontract, assign, or otherwise dispose of any portion of any contract shall be submitted in writing with the Contractor's signed contract to the Office of Contracts, on a Subcontract Request and Approval form (Form 830231). For contracts that exceed $600,000, the Contractor shall submit the Subcontract Request and Approval form electronically using the software furnished by the Department. In certain situations, with approval of the Department, the Contractor may request an extension of up to 30 days to submit the Subcontract Request and Approval forms.

1108.02 PROSECUTION OF WORK.
The proposal form may designate the contract period by either a Specified Start Date, Approximate Start Date, or Late Start Date. The proposal form may also indicate the contract period by a Completion Date for non-highway type contracts (e.g. buildings, furnishing materials, etc.). The number of working days will be designated for the three types of start dates. Working days will not apply for a Completion Date contract period.

The return of the signed and executed contract to the Contractor shall serve as notice that the contract bond is acceptable, that the contract is in force, and that the Contractor may complete arrangements for materials and other work in accordance with the contract documents.

Should a delay become apparent before or after the work is started, the Engineer will immediately notify the Contractor in writing that work on the contract will be delayed, and if possible, the approximate duration of the delay.

A. Completion Date Contracts.
The Contractor shall complete the contract on or before the Completion Date. Unless otherwise noted in the proposal form, the Contractor may commence work any time after receipt of the signed contract, specifications permitting. Articles 1108.02, D, Charging of Working Days and 1108.02, E, Winter Work will not apply. Liquidated damages will be assessed in accordance with Article 1108.08 for each calendar day beyond the Completion Date that the contract remains uncompleted.

B. Working Day Contracts.
The three types of start dates are as follows:

1. Specified Start Date.
Working days will be charged to the Contractor starting on the Specified Start Date or 14 calendar days after execution of the contract, whichever is later. Starting work prior to the Specified Start Date will be considered upon request, and working days will be charged when work starts.

2. Approximate Start Date.
It is expected the site will be available by the Approximate Start Date. If it appears the site will not be available by the Approximate Start Date, the Engineer will inform the Contractor of the delay and if possible the duration of the delay. The Contractor may commence work, weather and specifications permitting, any time after execution of the contract and on or after the Approximate Start Date provided the site has become available. If work is started under these conditions, working days will be charged. Starting work before the Approximate Start Date and before the site is available, will be considered only after the Contractor has submitted a signed waiver of any right to claim extra compensation for damages due to delays from any cause related to early commencement. If approved, working days will not be charged when working prior to the date of site availability. If the Contractor is working on the project when the site becomes available, working days will be first charged on the following day.

3. Late Start Date.
Unless otherwise noted in the proposal form, the Contractor may commence work any time after receipt of the signed contract, weather and specifications permitting. Except as noted in Article 1108.02, E, working days will begin to be charged whenever the Contractor starts work. Charging of working days will begin on the Late Start Date if the Contractor has not started work prior to this date.

If the Contractor wishes to start preliminary work prior to the Late Start Date and move out intending to return at a later date to complete the project, the Contractor shall request approval from the Engineer for temporary suspension of work in accordance with Article 1108.06. Approval of suspension of work in this circumstance will be based on if the road is open to traffic and the roadway is in a condition that is at least as safe as it was before the start of the preliminary work. The Engineer will submit in writing to the Contractor approval for suspension of work and a computed revised Late Start Date. The revised Late Start Date will be computed by adding the working days used for the preliminary work to the Late Start Date listed on the proposal form. The charging of the remainder of the working days will resume on the revised Late Start Date or when the Contractor recommences work prior to the revised Late Start Date.

C. Intermediate Contract Periods.
Intermediate contract periods may be designated for construction of certain portions of the contract. The intermediate contract period may be the same type as listed in Article 1108.02, A and Article 1108.02, B. The intermediate contract period, description, working days (if applicable), and liquidated damages will be shown as a site number on the proposal form.

D. Charging of Working Days.
The Contractor will be charged working days as defined in Article 1101.03 and this article. For multiple site contracts, working day charges for each site will be charged independently based on the controlling operation for the site.

Working days will be charged beginning with the following circumstances:

1. On the date specified for projects with a Specified Start Date.

2. On the date that has been agreed to at the preconstruction conference for projects with an Approximate Start Date.

3. On the start date indicated in the Notice to Proceed for projects with an Approximate Start Date.

4. On the day following the date the site becomes available if the Contractor is already working on the site for projects with an Approximate Start Date.

5. On the date the Contractor begins work prior to the Late Start Date.

6. On the date specified for projects with a Late Start Date and the Contractor has not begun work prior to that date.

However, working days will not be charged prior to 15 calendar days after the contract has been signed by the Contracting Authority, as long as the Contractor furnished the signed contract, performance bond, and proof of insurance within the time allowed by Article 1103.07; and has not begun work on the contract.

The Contractor will be charged 1/2 working day when weather or other conditions beyond the control of the Contractor permit work for at least 1/2 but less than 3/4 of a working day. The Contractor will not be charged a working day when weather or other conditions beyond the control of the Contractor prevent work less than 1/2 of a working day. In the event of adverse weather when work on a project is ready to be started or resumed and the Contractor is not on the project, working days will not be charged during the inclement weather period provided the Contractor starts work as soon as weather and ground conditions permit work to be started or resumed.

Working days will not be charged for Sundays and recognized legal holidays the Contractor does not work. Working days will be charged for Sundays and recognized legal holidays the Contractor does work.

Working days will not be charged for Saturdays the Contractor does work, unless a 6 day work week is specified in the contract documents.

Working days will be charged for cure time of pavement and structural concrete when it is the controlling item of work.

E. Winter Work.
Winter work is work done at the project site between November 15 and April 1. The proposal form may require winter work on all or portions of the project. If winter work is required on a project, the proposal form will indicate how the working days will be counted. When winter work is not required in the contract documents, the following shall apply:

1. The Contractor may start or resume work before April 1. Working days will not be charged if the proposal form does not indicate that working days will be charged during winter work.

2. The Contractor may start or resume work before April 1. Working days will be charged if the proposal form indicates that working days will be charged during winter work.

3. For projects started prior to November 15, the Contractor may work between November 15 and April 1 with no working days charged if working days remain on November 15.

If the number of working days specified on the contract has been exceeded, the Engineer may require the Contractor to continue work after November 15 if it is in the best interest of the Contracting Authority. These working days will be charged.

F. Notice to Proceed.
A notice to proceed will be issued when, in the opinion of the Engineer, considering the approximate starting date, site availability, and working days allowed, failure of the Contractor to commence work places the timely completion of the project in jeopardy. The starting date in the notice to proceed will not be less than 15 calendar days after the date of the issuance of the notice.

Working days will be charged beginning with the starting date established by the notice or when the Contractor starts work if prior to that date.

G. Weekly Report of Working Days.
Whenever the Contractor is subject to being charged with working days, the Engineer will furnish the Contractor a weekly statement indicating the working days to be charged to the Contractor for that period. Should the Contractor believe the statement to be inaccurate, the Contractor shall submit to the Engineer, in writing, an objection and reasons within 10 calendar days after receipt of the statement.

H. Work Progress.
The progress of the work shall be at a rate sufficient to complete the contract within the time allowed. If it appears that the rate of progress is such that the contract will not be completed within the time allowed, or if the work is not being executed in a satisfactory manner, the Engineer may order the Contractor to take such steps as necessary to complete the contract within the period of time specified or to prosecute the work in a satisfactory manner. If the Contractor fails to comply with such order within 14 calendar days after receipt of the order, the Contractor may be disqualified from receiving any additional bidding proposals, and the Contracting Authority will have the right to declare the contract in default and to complete the work in accordance with Article 1108.11. Failure of the Contracting Authority to issue such order shall not alter the Contractor's responsibility under the contract.

The Contractor's sequence of operations shall be such as to cause as little inconvenience to the general public as possible.

I. Schedule of Staging.
On any project, or part of a project, on an existing road where the work may prohibit or restrict public or private access that has been previously available, the Contractor may be required to submit a schedule of staging for the Engineer's approval before work is started. Preliminary work may be required in stage construction, even though the work involved in these operations is similar, in order to minimize the inconvenience to the public and those to whom access has been previously available. This requirement will apply equally to work that is subcontracted.

J. Accelerated Work Schedule.
An accelerated work schedule may be required by a note on the proposal. When required, the Contractor shall marshal the necessary forces, including but not limited to, extra crews, subcontractors, extra work hours, or other acceptable methods to insure completion of the project, or various stages of the project, within the contract period and in compliance with the specifications. A work plan shall be submitted to the Engineer for review prior to commencement of work. Work will be permitted on a 24 hour day basis and on Sundays and holidays when traffic interference exists, though work may be restricted during peak traffic periods. Credit will not be allowed for delayed or slow delivery of materials.

K. Preconstruction Conference.
The Engineer may schedule and conduct a preconstruction conference. The Contractor and the intended subcontractors, if known, shall participate in this conference. The Engineer will invite representatives of railroads and utilities and others having responsibilities or interest in the work.