1-120 SECTION 199 – ADMINISTRATIVE PAY ITEMS
199.01 DESCRIPTION . This section will provide for either a payment to the Contractor or a deduction from
monies otherwise due to the Contractor as a result of claim settlements, value engineering proposals, incentive or disincentive provisions, interim completion date liqui dated damages, force account work , or train delay liquidated damages .
199.02 Requirements .
a.Claim Settlements . Claims will be evaluated and processed as specified in Subsection 105.20.
b.Value Engineering Proposals . Value engineering proposals will be evaluated and processed as specified in Subsection 105.2 9.
c.Incentive or Disincentive Provisions . Incentive or disincentive provisions will be applied as specified in Subsection 108.1 0 and the Notice to Bidders.
d.Interim Completion Date Liquidated Damages . Liquidated damages for failing to meet an interim completion date will be assessed as specified in Subsection 108.12 (b) and the Notice to Bidders.
e.Force Account Work . Force account work will be compensated for as specified in Subsection 109.06 .
f.Train Delay Liquidated Damages . Train delay liquidated damages will be assessed as specified in the Notice to Bidders .
199.03 METHOD OF MEASUREMENT . The quantity of Claim Decision Payment, Administrative
N.A.B.I.) to be measured for payment will be the amount of money, to the nearest hundredth of a dollar, determined to be due to the Contractor by the Agency according to the requirements of Subsection 105.20. The quantity of Claim Settlement, Administrative (N.A.B.I.) to be measured for payment will be the amount of the final claim settlement, to the nearest hundredth of a dollar, determined according to the requirements of Subsection 105.20. The quantity of C laim Decision, Judicial (N.A.B.I.) to be measured for payment will be the amount of the final claim settlement, to the nearest hundredth of a dollar, determined according to the requirements of Subsection 105.20 . The quantity of Claim Decision Attorney Fees (N.A.B.I.) to be measured for payment will be the amount of attorney fees, to the nearest hundredth of a dollar, as determined by the applicable judicial body. The quantity of Claim Decision Interest Payment (N.A.B.I.) to be measured for pay ment will be the amount of interest due, to the nearest hundredth of a dollar, as determined by the applicable judicial body. 1-121 The quantity of Value Engineering Proposal Development Costs (N.A.B.I.) to be measured for payment will be the portion of the c osts associated with developing the accepted Detailed Value Engineering Proposal which the Agency has agreed to pay , to the nearest hundredth of a dollar, as specified in Subsection 105.2 9(b)(2)g. The quantity of Value Engineering Proposal Net Savings (N.A.B.I.) to be measured for payment will be 50% of the net savings generated by the Detailed Value Engineering Proposal, to the nearest hundredth of a dollar, as specified in Subsection 105.2 9(c)(3) . Payment for Value Engineering Proposal Payment Adjustment (N.A.B.I.) to be measured for payment will be 50% of any additional savings or reduced savings resulting from an additional analysis of the Detailed Value Engineering Proposal after completion of the work, to the nearest hundredth of a dollar, as specified in Subsection 105.29 (d). The quantity of Incentive or Disincentive (N.A.B.I.) to be paid or deducted will be the amount calculated, to the nearest hundredth of a dollar, as specified in Subsection 108.1 0 and the Notice to Bidders. The quantity of Liquidated Damages, Interim Completion Date (N.A.B.I.) to be measured for deduction will be the value in dollars, to the nearest hundredth of a dollar, calculated as specified in Subsection 108.12(b) and the Notice to Bidders. The quantity of Force Account Work (N.A.B.I.) to be measured for payment will be all costs associated with the required force account work, to the nearest hundredth of a dollar, as specified in Subsection 109.06 . The quantity of Liquidated Damages , Train Delay (N.A.B.I.) to be measured for deduction will be the value in dollars , to the nearest hundredth of a dollar , calculated based on the number of minutes the train was delayed, as specified in the Notice to Bidders .
199.04 BASIS OF PAYMENT . Payment for Claim Decision Payment, Administrative (N.A.B.I.) will be
credited against the Contract price for Claim Decision Payment, Administrative (N.A.B.I.) . Payment will be partial compensation for those issues related to the claim that are agreed to b y the Construction Engineer, with the disposition of remaining issues of the claim to be settled through other processes. Payment for Claim Settlement, Administrative (N.A.B.I.) will be credited against the Contract price for Claim Settlement, Administrati ve (N.A.B.I.) . Payment will be full and final compensation for all issues related to the claim. Payment for Claim Decision, Judicial (N.A.B.I.) will be credited against the Contract price for Claim Decision, Judicial (N.A.B.I.). Payment will be full and final compensation for all issues related to the claim. Payment for Claim Decision Attorney Fees (N.A.B.I.) will be credited against the Contract price for Claim Decision Attorney Fees (N.A.B.I.) . Payment will be full and final compensation for all attorne ys’ fees. 1-122 Payment for Claim Decision Interest Payment (N.A.B.I.) will be credited against the Contract price for Claim Decision Interest Payment (N.A.B.I.) . Payment will be full and final compensation for all interest owed to the Contractor. Payment for Va lue Engineering Proposal Development (N.A.B.I.) will be credited against the Contract price for Value Engineering Proposal Development (N.A.B.I.). Payment will be full compensation for any value engineering development costs that the Agency has agreed to r eimburse. Payment for Value Engineering Proposal Net Savings (N.A.B.I.) will be credited against the Contract price for Value Engineering Proposal Net Savings (N.A.B.I.). Payment will be full compensation for 50% of the net savings generated by the Detail ed Value Engineering Proposal. The cost of performing the actual work contemplated by the value engineering proposal will be paid for separately under the appropriate Contract items. Payment for Value Engineering Proposal Payment Adjustment (N.A.B.I.) will be debited or credited against the Contract price for Value Engineering Proposal Payment Adjustment (N.A.B.I.). Payment will be full compensation for any additional savings or reduced savings resulting from an additional analysis of the val ue engineering proposal after completion of the work . Payment for Incentive or Disincentive (N.A.B.I.) will be debited or credited against the Contract price for Incentive or Disincentive (N.A.B.I.). A value in dollars has been included in the bid proposal for Incentive or Disincentive (N.A.B.I.). This dollar amount is the maximum amount payable under the incentive clause, but the actual payment or deduction will be computed as specified in Subsection 108.1 0 and the Notice to Bidders. The calculated quantity of incentive will be paid to the Contractor, while the calculated quantity of disincentive will be deducted from monies otherwise due to the Contractor. Payment for Liquidated Damages , Interim Compl etion Date (N.A.B.I.) will be debited against the Contract price for Liquidated Damages , Interim Completion Date (N.A.B.I.). The Engineer will deduct the liquidated damage amount from the monies otherwise due to the Contractor. Payment for Force Account Wo rk (N.A.B.I.) will be credited against the Contract price for Force Account Work (N.A.B.I.). Payment will be full compensation for performing all force account work and for furnishing all labor, tools, equipment, and incidentals necessary to complete the w ork. Payment for Liquidated Damages , Train Delay (N.A.B.I.) will be debited against the Contract price for Liquidated Damages , Train Delay (N.A.B.I.). The Engineer will deduct each train delay liquidated damage amount due to the Operating Railroad from monies otherwise due to the Contractor on the biweekly estimate following the concurrence of final documentation regarding the delay. 1-123 Paym ent will be made under: Pay Item Pay Unit 199.5 201 Claim Decision Payment, Administrative (N.A.B.I.) ............................... Dollar 199.5 202 Claim Settlement, Administrative (N.A.B.I.) ................................ ........... Dollar 199.5 203 Claim Decision , Judicial (N.A.B.I.) ................................ .......................... Dollar 199.5 204 Claim Decision Attorney Fees (N.A.B.I.) ................................ ................. Dollar 199.5 205 Claim Decision Interest Payment (N.A.B.I.) ................................ ............ Dollar 199.5 291 Value Engineering Proposal Development Costs (N.A.B.I.) .................... Dollar 199.5 292 Value Engineering Proposal Net Savings (N.A.B.I.) ................................ Dollar 199.5293 Value Engineering Proposal Payment Adjustment (N.A.B.I.) ................. Dollar
199.81 01 Incentive or Disincentive (N.A.B.I.) ................................ ......................... Dollar
199.81 21 Liquidated Damages , Interim Completion Date (N.A.B.I.) ...................... Dollar
199.9061 Force Account Work (N.A.B.I.) ................................ ............................... Dollar 199.9999 Liquidated Damages , Train Delay (N.A.B.I.) ................................ ........... Dollar 1-124 This Page Intentionally Left Blank 2-1 DIVISION 200 EARTHWORK SECTIO N 201 – CLEARING 201.0 1 DESCRIPTION . This work shall consist of performing all clearing, grubbing, thinning, and trimming within the limits of the project . 201.0 2 GENERA L CONSTRUCTIO N REQUIREMENTS . The Contractor shall protect all trees, shrubs, and vegetation as identified in the Contract or as dire cted by the Engineer, in accordance with Subsection
656.09 The Contractor shall take care to avoid damaging trees, shrubs, and vegetation that is to remain
standing and that is otherwise unprotected or outside of the limits of clearing items. Where any tr ees that are to be left standing have been damaged through the Contractor’s operations, the Contractor shall be responsible for repairing all damage caused to trees in accordance with the VTrans Technical Landscape Manual at no additional compensation. The Contractor shall protect public utilities, buildings, or other property in accordance with Subsection
104.04 and Section 107 .
All branches of trees overhanging the roadway surface shall be removed to a minimum height of 20 feet above finished grade. Th is work will not be paid for directly but will be considered incidental to other clearing items. Where branches are to be removed from trees that are to remain standing, the branches shall be removed in accordance with the VTrans Technical Landscape Manual . Work associated with the removal of branches shall be considered incidental to other clearing items. Where stumps are not to be removed, they shall be cut flush with existing ground, or as close as practical. In performing the work under this section, the Contractor shall not use any chemical growth retardants, herbicides, poisons, or defoliants unless otherwise specified on the Plans. 201.0 3 CLEARIN G AND GRUBBING .
a.Clearing . Clearing shall consist of cutting and disposing of all trees, down timber, brush, bushes, and debris from all areas extending from the centerline to 10 feet beyond the limits of all cut or fill sections, or to applicable right-of-way limits, whichever is less. Clearing areas shall also include any other areas shown in the Contract. Any trees designated for removal under another Contract item are excluded from this work .
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 136–140 of 1,380.