SECTION 636 - RESPONSE WORK
636-1 Description
636-1.01 General. This work shall consist of response work , as identified in a Work Order issued to the
Contractor, to be performed in a practicable and timely fashion, in accordance with the contract documents and as directed by the Engineer.
636-1.02 Standby Readiness. This work shall consist of the Contractor establishing and maintaining a
state of Standby Readiness as specified in the contract documents. The Contractor shall provide bonds, standard insurances and prefinancing as required.
636-1.03 Response Work. This work shall consist of a Contractor responding from a state of Standby
Readiness to a location identified by the Engineer , within the time frames specified in the contract documents. This work shall include mobilizing to, and preventing further degradation to, the identified work site, and providing sufficient labor, materials, and equipment necessary to react to urgent or unanticipated needs in accordance with the contract documents, issued Work Orders, and as directed by the Engineer.
636-2 MATERIALS. The materials used will be based on the Work Orders issued and as specified by the
Engineer. The materials shall conform to all applicable Department specifications.
636-3 Construction Details
636-3.01 General. The scope of work will be as defined in the Special Note Response Contract Work.
The construction requirements will be determined once a location is identified and the specific detail of the work is defined and will vary in effort required.
636-3.02 Standby Readiness. Within 10 days after contract award, the Contractor shall submit the items
listed below to the Engineer for approval. Within 7 days of submittal approvals, the Contractor shall establish and maintain personnel, materials, and equipment availability, to assume a standby readiness state to take immediate action:
A.A list detailing the name(s), email address(es), phone number(s), address(es), etc. of key personnel who will direct the Contactor’s response.
B.Copies of Letters of Understanding between the Contractor and Subcontractors, material suppliers, equipment suppliers, and services, stating that these firms will promptly provide goods and/or services upon request by the Contractor.
C.A list of sources for materials which will be used in the event of a response. Source approvals can be issued based on available source evaluations.
636-3.03 Response Work. Upon the identification of a need for response, the Engineer will notify the
Contractor and verbally identify the site location and the specific scope of work required. The Contractor’s response shall be in accordance with the Special Note Response Contract Work in the Contract Proposal including, but not limited to, reconnaissance of the site, assessment of the work required, work zone traffic control, and mobilization of personnel, materials and equipment. The Contractor shall conduct repairs as directed by the Engineer . The Engineer will issue the Contractor a written Work Order identifying the work limits, the details for the work, and any additional insurance requirements not shown in the Special Note Required Insurance in the Contract Proposal.
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NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 2026 VOLUME 3 Specialized Equipment is any equipment that is not listed in the Special Note Response Contract Work in the Contract Proposal and is not owned by the Contractor or Subcontractor performing the work. If Specialized Equipment is required, the Contractor shall identify the required equipment, obtain 3 quotes for the rental equipment and request concurrence from the Engineer prior to mobilization. The Engineer may waive this requirement for High Priority Work Orders, if necessary. For Specialized Equipment, th e Contractor will be reimbursed the actual, reasonable and verifiable cost for providing the Specialized Equipment at the rental rate approved by the Engineer. The Contractor’s bid for Equipment with Cost Factor does not apply to Specialized Equipment. The Contractor shall utilize Subcontractors and Services as necessary to complete the work in a timely and efficient manner, while limiting the amount of inconvenience to the public. If Subcontractors or Services are required, the Contractor shall identify the required work or services and request concurrence from the Engineer prior to the Subcontractor or Service provider starting work. When work is performed by a Subcontractor, the Contractor will be reimbursed the actual, reasonable and verifiable cost of such subcontracted work for labor, materials, and equipment, multiplied by the Contractor’s cost factors, plus an additional 5% for subcontract administration. If the work is required to be performed by a Specialty Subcontractor, as defined in Standard Specifications §109-05B.2 Subcontractor Costs, the Contractor shall solicit and obtain up to 3 independent quotes from potential Specialty Subcontractors for the percent overhead & profit to be used for the subcontracted work, in lieu of the Contractor’s cost factors bid, not to exceed 20%. The Engineer shall review the quotes and approve, if reasonable, the Specialty Subcontractor with the lowest overhead and profit, not to exceed a maximum of 20% overhead and profit . When work is performed by a Specialty Subcontractor, the Contractor will be reimbursed the actual, reasonable , and verifiable cost of such subcontracted work, the Specialty Subcontractor’s overhead and profit as quoted, and an additional 5% for subcontract administration. When work is performed by, and a fee is paid to a Professional Service , Work Service, or Trucking Firm, the Contractor will be reimbursed the actual cost of the service or trucking fee plus 5% for service administration. This 5% will be applied only once to the service fee regardless of the firm making the direct payments. The Contractor shall submit a Force Account Report to the Engineer in accordance with §109-05C. Force Account Report.
636-4 Method of Measurement
636-4.01 General. The quantity to be measured will be as detailed in §636-4.02 Standby Readiness and
§636-4.03 Response Work.
636-4.02 Standby Readiness. The quantity to be measured for payment of standby readiness will be on a
lump sum basis.
636-4.03 Response Work. The quantity to be measured for payment of response work will be as follows:
A.Labor with Cost Factor. The Contractor’s bid percentage (i.e., cost factor), entered in decimal form as a “Unit Price” will be multiplied by the actual cost of labor (i.e., wages and fringe benefits) to determine the total amount due to the Contractor for labor including standard markups (as defined in §109-05B.1.a(2) Standard Markups), overhead and profit. A percentage bid greater than 1.000 indicates a premium above the cost for labor for standard markups, overhead and profit. The minimum bid for this item is 1.000.
B.Materials with Cost Factor. The Contractor’s bid percentage (i.e., cost factor), entered in decimal form as a “Unit Price” will be multiplied by the actual cost of materials to determine the total amount due to the Contractor for materials including overhead and profit. A percentage bid greater than 1.000
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NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 2026 VOLUME 3 indicates a premium above the cost for material for overhead and profit. The minimum bid for this item is 1.000.
C.Equipment with Cost Factor. The Contractor’s bid percentage (i.e., cost factor), entered in decimal form as a “Unit Price” will be multiplied by the actual cost of equipment to determine the total amount due to the Contractor for equipment including overhead and profit. A percentage bid greater than 1.000 indicates a premium above th e standard equipment ownership and operating costs for overhead and profit, and a percentage bid less than 1.000 indicates reduction below the standard equipment ownership and operating costs. There is no minimum bid for this item. The Equipment Cost Factor does not apply to Specialty Equipment.
636-5 Basis of Payment
636-5.01 General. The Contractor shall keep accurate Force Account records for the work performed in
accordance with §109-05B. Force Account Work and §109-05C. Force Account Report. Payment for work performed will be based upon Force Account records submitted and the Contractor’s bid for cost factors on labor, materials, and equipment, except that the provisions of Standard Specifications §109-05B.1.e Overhead, and §109-05B.1.f Profit do not apply and the provisions of §109-05B.1.d Insurance are modified so that only additional insurances not shown in the Contract Proposal will be reimbursed. All profit and overhead shall be included in the Contractor’s bid for the cost factors for labor, materials, and equipment. All standard insurances required in the Contract Proposal shall be included in the Contractor’s bid for Standby Readiness.
636-5.02 Standby Readiness. The Lump Sum price bid shall include all labor, materials, and equipment
necessary to satisfactorily complete the work. The maximum bid for this item is limited to the amount shown in the contract documents. Progress payments will be made at 50% of the lump sum price bid when the Standby Readiness state has been established. The remaining 50% will be paid monthly over the original contract duration. Standby Readiness payments will be made even if no responses are required over the contract duration. No adjustment will be made to the lump sum bid price if the contract completion date is extended to complete work that was previously assigned or started but is incomplete. Additional payments will be made only if the contract completion date is extended to provide for additional standby readiness or if the total contract value exceeds the original contract value by more than 25%. If the completion date is extended to provide for additional standby readiness, the Contractor will be reimbursed the actual, reasonable and verifiable costs for extended bonds, additional standard insurances, and additional pre -financing required for the period of the time extension. If the total contract value exceeds the original contract value by more than 25%, the Contractor will be reimbursed the actual, reasonable and verifiable costs for extended bonds, additional standard insurances, and additional pre -financing required for the portion of the contract value that exceeds 125% of the original contract value. The maximum bid price shown in the Contract Proposal is the highest a bidder is allowed to bid for this item. If the bid price submitted is higher than the figure shown in the Contract Proposal, the bid price will be disregarded and the maximum price shown will be used to determine the total amount bid for the Contract.
636-5.03 Response Work. Payment for response work shall include all labor, materials, and equipment
necessary to mobilize, establish work zone traffic control, and satisfactorily complete the work and any additional insurances required that are not shown in the Contract Proposal. Payment will be based upon Force Account records submitted in accordance with §109 -05B. Force Account Work , §109-05C. Force Account Report, and the Contractor’s bid for cost factors on labor, materials, and equipment.
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NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 2026 VOLUME 3 The fixed price shown in the Contract Proposal is not to be altered in any manner by the bidder. Should the amount be altered, the new figure will be disregarded and the original price will be used to determine the total amount bid for the Contract.
A.Labor with Cost Factor. Payment for labor of both the Prime Contractor and Subcontractors will be determined from the summation of the necessary labor costs in accordance with §109 -05B.1.a(1) Wages and Fringe Benefits. The costs for the standard labor markup and the standard fringe markup (as defined in §109-05B.1.a(2) Standard Labor Markup) shall be included in the Contractor’s bid for Labor with Cost Factor. Payment will be calculated by multiplying the Labor Cost Factor bid times the summation of the wages and fringe benefits.
B.Materials with Cost Factor. Payment for materials of both the Prime Contractor and Subcontractors will be determined from the summation of the materials costs in accordance with §109 -05B.1.b Materials. Payment will be calculated by multiplying the Materials Cost Factor bid times the summation of invoiced materials costs.
C.Equipment with Cost Factor . Payment for equipment of both the Prime Contractor and Subcontractors will be determined from the summation of the equipment ownership and operating costs in accordance with §109-05B.1.c Equipment. Payment for equipment will be calculated by multiplying the Equipment Cost Factor bid times the summation of the equipment costs. The Equipment Cost Factor does not apply to Specialty Equipment. Payments will be made under: Item No. Item Description Pay Unit 636.01 Standby Readiness Lump Sum 636.02 Response Work Dollar-Cents 636.03 Labor with Cost Factor Percent 636.04 Materials with Cost Factor Percent 636.05 Equipment with Cost Factor Percent
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Source: Standard Specifications (US Customary Units), 2026 (Jan) Edition. Pages 888–891 of 1,489. View official source ↗