HomeMy WebLinkAboutAgenda - City Council - 08/05/2019AGENDA
SOUTH BURLINGTON CITY COUNCIL
South Burlington City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Regular Session 6:30 P.M. Monday, August 5, 2019
1.Pledge of Allegiance. (6:30 – 6:31 PM)
2.Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM)
4.Comments and questions from the public not related to the agenda. (6:33 – 6:43 PM)
5.Announcements and City Manager’s Report. (6:43 – 6:58 PM)
6.Consent Agenda: (6:58 – 7:00 PM)
A.*** Consider and Sign Disbursements
B.*** Accept Irrevocable Offers of Dedication for Willowbrook Lane and of easements and rights
of way for sanitary sewer pump station and associated and appurtenant infrastructure, a
turnaround, fire hydrant, recreation and bike path, all subject to and contingent on the City’s
receipt of any necessary waivers (subordination agreements, discharges)
C.***Acceptance of Commerce Square Shopping Center Stormwater Permits under the
City’s MS4 Permit
D.***Agreement to Reconstruct Stonehedge Drainage Swale
E.***Award of Construction Contract for the Kennedy Drive Stormwater Ponds 5 & 6
Improvement Project
F.***Consider and possibly approve update to Planning and Zoning fee schedule.
7.City and School Collaboration (Discussion) (7:00 – 7:10 PM)
8.Update on Market Street reconstruction and also on the 180 Market Street, Community Center
project. Justin Rabidoux, Ilona Blanchard (7:10 – 7:25 PM)
9.Briefing for Council on potential future action that may be needed related to transportation
improvements on Kimball Avenue and the status of an irrevocable offer of dedication for a road within
Technology Park. Paul Conner (7:25 – 7:35 PM)
10.Update on Community Identity and Engagement, including Consensus App pilot project. Coralee
Holm (7:35 – 7:50 PM)
11.Update on digital records and public access; implementation of Laserfiche repository and business
automation tools. Coralee Holm (7:50 – 8:00 PM
12.*** Public Hearing Interim Zoning Application IZ-19-02 of Rivers Edge Building Development to
subdivide a 4.22-acre parcel into 9 parcels, including a proposed public road, and to construct 11
dwelling units as a Planned Unit Development on the newly established parcels, 1227 Dorset Street
(8:00 – 8:10 PM)
*
13.Continued discussion on upcoming deadline for the expiration of Interim Zoning (8:10 – 8:25 PM)
Paul Conner
14.Councilors’ reports from Committee assignments. (8:25 – 8:35 PM)
15.Other Business (8:35 – 8:40PM)
16.Adjourn (8:40 PM)
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
*** Attachments Included
Issues raised by Councilors or the public that have not been on a prior meeting agenda:
1.Cost of development/cost of open space.
Issues that have been discussed by the Council where further action is pending:
1.Street light policy.
2.Airport noise survey.
3.Evaluate water billing and rate structure.
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as
possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your
cooperation and compliance with the following guidelines.
1.Please be respectful of each other (Council members, staff, and the public).
2.Please raise your hand to be recognized by the Chair. Once recognized please state your name and address.
3.Please address the Chair and not other members of the public, staff, or presenters.
4.Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient
time for the Council to conduct all the business on the agenda.
5.The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time.
6.The Chair may ask that discussion be limited to the Councilors once the public input has been heard.
7.Please do not interrupt when others are speaking.
8.Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views.
9.Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other
conversations occurring.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Memorandum
To: Kevin Dorn, City Manager
From: Dalila Hall, Zoning Administrator
Date: August 1, 2019
Re: Willowbrook Lane Acceptance
The City is being requested to accept Willowbrook Lane (highlighted on the attached Plan and Subdivision
Plat) as a City Street. Deputy City Attorney Amanda Lafferty conducted a title search of the property to be
acquired by the City and has indicated that the City may accept this street, it’s easements and rights of
way for sanitary sewer pump station and associated and appurtenant infrastructure, a turnaround, fire
hydrant, recreation and bike path, all subject to and contingent on the City’s receipt of any necessary
waivers, email dated August 1, 2019. Public Works Director Justin Rabidoux indicated in an email dated
July 31, 2019 that he found the street to be acceptable. Therefore, with some conditions, the street is
ready for the Council to accept as a new City Street.
From:Amanda Lafferty
To:Dalila Hall
Subject:Willowbrook Lane, etc.
Date:Thursday, August 1, 2019 2:00:08 PM
The City may accept the Irrevocable Offers of Dedication dated June 12, 2015, forWillowbrook Lane and of easements and rights of way for sanitary sewer pumpstation and associated and appurtenant infrastructure, a turnaround, firehydrant, recreation and bike path, all subject to and contingent on the City’sreceipt of any necessary waivers (subordination agreements, discharges).
Thank you,Amanda S. E. LaffertyDeputy City AttorneyCity of South Burlington575 Dorset St., South Burlington, VT 05403Phone: (802) 846-4107Fax: (802) 846-4101Email: alafferty@sburl.comwww.southburlingtonvt.govNotice – The contents of this e-mail message and any attachments are confidential and intended
solely for the intended recipient. The information may also be legally privileged. If you received thistransmission in error, you are advised that any disclosure, copying, distribution, or the taking of anyaction in reliance upon this transmission is strictly prohibited. If you are not the intended recipient,please immediately notify the sender by reply e-mail or phone and delete this message and itsattachments, if any. Thank you.
From:Amanda Lafferty
To:Dalila Hall
Subject:FW: Willowbrook Lane
Date:Thursday, August 1, 2019 6:30:09 PM
From: Justin Rabidoux <jrabidoux@sburl.com>
Sent: Wednesday, July 31, 2019 3:03 PM
To: Amanda Lafferty <alafferty@sburl.com>
Subject: RE: Willowbrook Lane
Yes, confirmed
From: Amanda Lafferty <alafferty@sburl.com>
Sent: Wednesday, July 31, 2019 12:08 PM
To: Justin Rabidoux <jrabidoux@sburl.com>
Subject: RE: Willowbrook Lane
Hi, Justin,See below. We won’t include on the Agenda for Monday’s City Council meetingthe easements for the operation, maintenance, repair and replacement ofimprovements for stormwater drainage, and treatment purposes and a right ofway for access. I just want to confirm that you inspected the infrastructure otherthan Willowbrook Lane and that we’re good to accept everything but thestormwater-related infrastructure.
Thank you,Amanda S. E. LaffertyDeputy City AttorneyCity of South Burlington575 Dorset St., South Burlington, VT 05403Phone: (802) 846-4107Fax: (802) 846-4101Email: alafferty@sburl.comwww.southburlingtonvt.govNotice – The contents of this e-mail message and any attachments are confidential and intended
solely for the intended recipient. The information may also be legally privileged. If you received thistransmission in error, you are advised that any disclosure, copying, distribution, or the taking of anyaction in reliance upon this transmission is strictly prohibited. If you are not the intended recipient,please immediately notify the sender by reply e-mail or phone and delete this message and itsattachments, if any. Thank you.
Memo
To: South Burlington City Council
From: Tom DiPietro, Deputy Director of Public Works
CC: Kevin Dorn, City Manager
Justin Rabidoux Director of Public Works
Date: July 15, 2019
Re: Acceptance of Commerce Square Shopping Center Stormwater Permits Under The
City’s MS4 Permit
Sections 7.1 and 7.2 of the City’s “Ordinance Regulating the Use of Public and Private Sanitary
Sewerage and Stormwater Systems” describes a process by which properties can improve their
stormwater systems and turn them over to the City. Once improvements are complete, and these
systems are accepted by City Council, the Stormwater Superintendent can then work with the
State of Vermont Department of Environmental Conservation (the stormwater permitting agency)
to take these existing permits and include them under the City’s MS4 Permit authorization. This
process provides the property with valid State stormwater permit coverage.
On October 15, 2014 (amended on November 2, 2016) the City of South Burlington entered into
an agreement with Antonio B. Pomerleau, LLC related to the upgrade and maintenance of the
existing stormwater detention pond and related drainage pipes at the Commerce Square shopping
center. All work has been completed and the terms of this agreement have been met. I certify that
the work completed meets City standards and that it is in the best interest of the City and residents
for the City to accept transfer of stormwater permits associated with this project under our MS4
permit. Legal agreements related to MS4 permit coverage have been reviewed and approved by
the City’s outside legal counsel. I recommend that Council votes to provide coverage for State
stormwater permits 7294-INDS and 7294-INDO under our MS4 permit.
If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com.
Memo
To: South Burlington City Council
From: Tom DiPietro, Deputy Director of Public Works
CC: Kevin Dorn, City Manager
Justin Rabidoux Director of Public Works
Date: July 17, 2019
Re: Agreement to Reconstruct Stonehedge Drainage Swale
The South Burlington Stormwater Services Division previously worked with the homeowners
associations in Stonehedge to address issues associated with an expired State stormwater permit. As
part of those efforts, we installed 3 new bio-retention areas, a new stormwater detention pond, and
made improvements to the drainage infrastructure in the neighborhood. We are currently working with
the homeowner associations to move this expired State stormwater permit under the City’s MS4 permit
so that property owners have valid State permit coverage.
Despite previous efforts, one serious drainage issue remains in the neighborhood. When the
neighborhood was originally constructed a drainage swale was installed between the K and L clusters.
Since that time the swale has filled in with sediment and invasive wetland vegetation has grown in this
area. The root mat for the invasive plants has grown so vigorously that it now impedes the flow of water
out of the neighborhood. This has resulted in flooding and safety (ice related) issues for residents in L
cluster. Rectifying this issue was not part of the State stormwater permit related work that was previously
undertaken. However, the City and the homeowner association would like to address this issue now.
Attached to this email is an agreement between the City and the Stonehedge South Area Association
regarding the project and cost sharing for design, permitting, and construction work. This agreement
has been prepared and approved by the City’s outside legal counsel. I recommend that City Council
vote to approve this agreement. Once approved, we will move forward with the work necessary to
improve drainage and resolve the existing safety and quality of life issues caused by insufficient
drainage in this area.
If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com.
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DRAINAGE SYSTEM IMPROVEMENT AGREEMENT
AGREEMENT by and between the Stonehedge South Area Association, Inc.,
a Vermont nonprofit corporation with its principal place of business in City of South
Burlington, County of Chittenden and State of Vermont, hereinafter referred to as
the “Association,” and the City of South Burlington, a Vermont municipality in the
County of Chittenden and State of Vermont, hereinafter referred to as the “City”.
W I T N E S S E T H:
WHEREAS, the Association is an organization whose membership includes
the owners of one hundred and nine (109) condominium units in the Stonehedge
condominiums, which is subject to a to an Agreement and Declarations of
Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area
Association, dated December 29, 1978, and recorded in Volume 150, Page 63 of the
City of South Burlington Land Records; an Agreement and Declarations of
Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area
Association, dated September 24, 1979, and recorded in Volume 154, Page 313 of
the City of South Burlington Land Records; and a Declarations of Covenants,
Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area
Association, dated February 19, 1982, and recorded in Volume 176, Page 562 of the
City of South Burlington Land Records, and as amended, (the “Condominium”); and
WHEREAS, the Condominium, or portions thereof, is shown as “Phase I” on
plans entitled, “Stonehedge Final Plot Plan - Phase I,” dated August 25, 1978, and
recorded at Volume 153, Page 3 (Map Slide 115) of the City of South Burlington
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Land Records; and “Phase II, Stonehedge, South Burlington, Site Plan,” prepared
by the Office of Terrence J. Boyle, recorded on June 5, 1979, and recorded at Book
153, Page 35 (Map Slide 121) of the City of South Burlington Land Records; and
WHEREAS, the Association and its members desire to have the City assume
responsibility for constructing certain drainage improvements within the
Condominium, which primarily consists of improving an existing drainage swale
and other activities related thereto (the “Drainage Improvements”). Said Drainage
Improvements are separate from previous stormwater improvements constructed by
the City to improve stormwater drainage within the Condominium and are not part
of the special assessment district applicable to the Condominium; and
WHEREAS, the City is willing to assume responsibility for constructing the
Drainage Improvements, provided it receives adequate funding from the Association
to cover a portion of the costs for such work, and subject to certain terms and
conditions.
NOW THEREFORE, in consideration of these mutual promises and other
good and valuable consideration, the receipt of which are hereby acknowledged, the
Association, acting by and through its Board of Directors and duly authorized
representative, and the City, acting through its City Council, covenant and agree as
follows:
1.The Association hereby:
A.Authorizes the City to enter into a contract with an engineering
firm to design the project and submit appropriate permit applications, which
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contract shall not exceed Fifteen Thousand Dollars ($15,000), unless otherwise
mutually agreed upon by the City and the Association in writing; and
B.Agrees to submit a wetlands permit application to the Vermont
Agency of Natural Resources with the City as a co-permittee, which permit
application and related impact fees shall not exceed Sixty Thousand Dollars
($60,000), unless otherwise mutually agreed upon by the City and Association in
writing; and
C.Authorizes the City to enter into a contract with a construction
contractor selected in accordance with the City’s purchasing policy to perform the
work required to construct the Drainage Improvements in an amount not to exceed
Twenty-Five Thousand Dollars ($25,000), unless otherwise mutually agreed upon
by the City and Association in writing, subject to Section 2(B), below, (the
“Construction Contract”) and authorizes the City to take any and all actions which
it, in the reasonable exercise of its discretion, deems necessary and appropriate to
oversee the diligent performance of the Construction Contract. The City will not
commence construction under the Construction Contract unless the Association
approves the design in advance pursuant to Section 2(A), below; and
D.Agrees that it will indemnify and hold the City harmless for
Fifty Percent (50%) of all costs incurred by the City in its performance of its
obligations under this Agreement and the Construction Contract, which costs shall
be limited to the costs to design the project and prepare appropriate permit
applications for the same, costs to obtain permits for the project, including permit
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and impact fees required by the permit, and costs related to the Construction
Contract and the costs to perform the work required to construct the Drainage
Improvements. The Association’s foregoing payment obligation shall be in effect
regardless of whether the Construction Contract is fully performed or is terminated
prior to final completion, including, without limitation, interest costs.
E. Grants the City and the Contractor for the Construction
Contract such rights of access to property owned by the Association and its
members as is reasonably necessary to construct the Drainage Improvements.
2. The City hereby agrees that it will:
A. Review with the Association’s president or duly authorized
agent and obtain approval of the final design of the Drainage Improvements prior to
commencement of construction; and
B. On or before June 1, 2020, enter into a contract with a
contractor to perform the work required to construct the Drainage Improvements,
provided that it receives a construction proposal that does not exceed the authorized
limit of Twenty-Five Thousand Dollars ($25,000) and is, in the reasonable exercise
of its discretion, acceptable to the City; provided, however, that if the lowest
acceptable construction proposal (in the City’s sole discretion) exceeds said
authorized limit, the City may proceed and enter into the Construction Contract
upon written notice to the Association; and
C. Not issue to the Contractor a Notice to Proceed with
construction of the Drainage Improvements prior to August 1, 2019; and
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D.Take any and all actions which the City, in the reasonable
exercise of its discretion, deems necessary and appropriate to oversee the diligent
performance of the Construction Contract; and
E. Pay all sums due under the Construction Contract; and
F. Consult with the Association’s president or duly authorized
agent before agreeing to an individual change order to the Construction Contract
that involves an increase in the contract price of Ten Thousand Dollars ($10,000) or
more; and
G. Promptly terminate the Construction Contract in accordance
with its terms upon receipt of a written request of the Association, which request
will be deemed to acknowledge the Association’s payment obligation under Section
1(D) above; and
H.Review with the Association any work prior to completion and
upon expiration of the one-year warranty period following final completion of the
Construction Contract and correction or replacement of any deficient work and
materials.
3.The City shall have the right to terminate the Construction Contract
if:
A.The Association objects to any contract change order which the
City considers necessary for the proper completion of the Drainage Improvements;
or
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B.The City determines, in its sole discretion, that termination is
necessary for the best interests of the City. Prior to such termination, the City shall
provide the Association five (5) business days to accept an assignment of the
Construction Contract under which the Association assumes all of the City’s
obligations and responsibilities under the Construction Contract.
The City’s termination of the Construction Contract on either basis set forth above
shall not relieve the Association of its payment obligations under Section 1(D)
above.
4.Upon completion or earlier termination of the Construction Contract,
the City shall issue an invoice to the Association, and the Association shall pay to
the City the full amount owed. Any amount unpaid at the end of sixty (60) days
shall be subject to interest at the statutory judgment rate. If the City is required to
initiate collection proceedings to obtain full payment, it shall be entitled to recover
interests, its court costs and reasonable attorneys’ fees.
5. Prior to the City’s issuance of a Notice to Proceed to the Contractor
under the Construction Contract, the Association may terminate the Construction
Contract and this Agreement by providing written notice by First Class mail to the
City. Termination shall be effective no earlier than ten (10) calendar days following
date of mailing of the notice by First Class mail to the City. Such termination shall
not relieve the Association of its obligations pursuant to Section 1(D) with regard to
payment of Fifty Percent (50%) of all costs incurred by the City up to the date of
termination and Fifty Percent (50%) of those costs incurred by the City after the
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date of termination which are necessary for the City to conclude activities pursued
under the Construction Contract and this Agreement in accordance with
contractual, legal or other obligations.
6. If the Construction Contract is terminated prior to final completion,
this Agreement shall automatically terminate. Within thirty (30) days of such
termination, City shall submit an invoice to the Association for all amounts payable
by the Association pursuant to Section 1(D) above. Unless otherwise agreed
between the parties, the Association shall pay the full amount owed within sixty
(60) days. Any amount unpaid at the end of sixty (60) days shall be subject to
interest at the statutory judgment rate. If the City is required to initiate collection
proceedings to obtain full payment, it shall be entitled to recover interest, its court
costs and reasonable attorneys’ fees.
7. If not earlier terminated, this Agreement will have been fully
performed and shall terminate upon the Association’s payment to the City of all
amounts due under Section 4.
8. This Agreement may only be amended by written agreement of the
parties.
9. This Agreement shall be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
10. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original, but together will constitute one and the same
instrument.
Memo
To: South Burlington City Council
From: Tom DiPietro, Deputy Director of Public Works
CC: Justin Rabidoux, Director of Public Works
Date: July 30, 2019
Re: Award of Construction Contract for the Kennedy Drive Stormwater Ponds 5 & 6 Improvement Project
On July 16, 2019, the City of South Burlington held a bid opening for the Kennedy Drive Stormwater
Ponds 5 & 6 Improvement Project. This project includes installation of drainage pipe to expand the
drainage area flowing to Kennedy Drive Pond 5. This will reduce the amount of phosphorus reaching
Lake Champlain and reduce the peak rate at which stormwater is discharged from this drainage area
into Potash Brook.
We received four (4) responsive bids from contractors to complete this work (Table 1). The low bid for
this project was submitted by Desroches Construction Services, Inc. for the amount of $84,505.00. This
cost is approximately 18% lower than the engineer’s estimate for the project ($103,600.00). The project
engineer and stormwater utility staff have reviewed the bid package and determined that all required
materials and bonds were included, all contract addenda were received by the contractor, and all
necessary documents had been signed. Included with this memo is a Bid Award Recommendation
letter prepared by the project engineer.
Table 1. Summary of Bids Received for the Kennedy Drive Stormwater Ponds 5 & 6
Improvement Project
Contractor Total Bid Price
Desroches Construction Services, Inc $ 84,505.00
G.W. Tatro Construction, Inc $ 112,272.86
Ormond Bushey & Sons, Inc $ 131,402.00
Munson Earth-Moving Corporation $ 145,770.00
Based on this, I am requesting that City Council authorize the South Burlington Department of
Public Works to award the Kennedy Drive Stormwater Ponds 5 & 6 Improvement Project to
Desroches Construction Services, Inc. If you would like additional information on this project or the
bid results, please contact Tom DiPietro, Deputy Director of Public Works, at (802) 658-7961 x6108.
July 29, 2019
David P. Wheeler
Assistant Stormwater Superintendent
Project Manager
City of South Burlington
104 Landfill Road
South Burlington, Vermont 05403
RE: Kennedy Drive Stormwater Ponds 5 & 6 Improvement Project
LS-2019-058
Bid Award Recommendation
Dear Dave,
On July 16, 2019 the City accepted sealed bids from four responsive bidders for the
subject Construction Project. The lowest responsive bidder is Desroches Construction
Services, Inc. of Jeffersonville, Vermont. Desroches Construction Services submitted a
bid of $84,505.00, which is approximately 18% lower than the Engineer’s Opinion of
Probable Construction Cost. The average of the four responsive bids was $118,487.47,
which is approximately 29% higher than the low bid. Refer to the Bid Canvas in
Attachment 1, and a copy of the Bid submitted by Desroches Construction Services in
Attachment 2.
A review of the Bid submitted by Desroches Construction Services was completed and
the following is noted:
1. The Bid includes the completed Bid Bond and Certification. Berkley Insurance
Company is the Surety. Berkley Insurance Company is on the United States
Department of the Treasury's Listing of Certified Companies. No deficiencies
were observed.
2. The Bid includes acknowledgement of the following:
a. Addendum #1
3. Analysis of the Bid for accuracy and completeness identified no bid informalities,
no ineligible costs and one mathematical error. The following is noted:
a. Unit Prices Bid Written in Words match Unit Prices Written in Figures.
b. Total Amounts for Each Bid Item equals the Unit Prices multiplied by the
Estimated Bid Item Quantity, with the following exception; there was a
mathematical error for the Unit Price for Bid Item No. 201.11 for Clearing
and Grubbing. The Unit Price was written as $2000.00, and the Total
Price was written as $2000.00. The Unit Price should have been written
as $200,000.00 per acre to equal the Total Price amount of $2,000.00.
Upon discussion with the Desroches Construction Services, Ronald
Desroches confirmed that the intent was for the Total Price amount to be
$2,000.00.
125 College Street, 4th Floor
Burlington, Vermont 05401 802-860-1331 802-860-6499 fax
www.hoyletanner.com
July 29, 2019
Page 2
c.Total Contract Price Base Bid – Bid Schedule equals the sum of Total
Amount in figures of each Bid Item.
4.Desroches Construction Services, Inc. provided the completed Qualifications
Statement (refer to a copy of the Qualifications Statement in Attachment 3),
which included the following attachments:
a.Schedule A (Current Experience)
b.Schedule B (Previous Experience)
c.Schedule C (Major Equipment)
d.Bonding Information
e.Financial information
f.Resumes of officers and key individuals (including safety officer) of
Desroches Construction Services, Inc.
g.Required safety program submittals listed in Section 12.
5.The bidding and contract requirements include efforts to solicit bids from
Disadvantaged Business Enterprises (DBE). We have reviewed the documented
DBE solicitation efforts by Desroches Construction Services, Inc., as required as
a condition of submitting a bid for this project. We are satisfied that they have
complied with the DBE solicitation requirements of the contract. Refer to EPA
DBE Subcontractor Performance Form 6100-3 and EPA DBE Subcontractor
Utilization Form 6100-4 in the attached copy of the Bid submitted by Desroches
Construction Services in Attachment 2.
6.Desroches Construction Services, Inc. project reference information was
submitted in Schedules A and B of the Qualifications Statement (Refer to
Attachment 3). The City of South Burlington Stormwater Services indicated that
they have previously worked with Desroches Construction Services, Inc. on a
past project and that they were satisfied with project. We made several attempts
to contact engineers and owners listed in the submitted project reference
information to inquire about Desroches Construction Services past performance.
The results of one telephone interview is included in Attachment 4. A summary
of the interview indicates the following:
a.The construction project went well.
b.Contractor was skilled and did quality work.
c.Project management and superintendent were competent and performed
well.
d.Contractor was fair.
e.Interviewee would look forward to working with Desroches Construction
Services again in the future and would recommend them for this contract.
Based upon our review, the bid submitted by Desroches Construction Services, Inc. was
found to be in accordance with the contract requirements.
In consideration of the above, it is the recommendation of Hoyle, Tanner that the City
award the Kennedy Drive Stormwater Ponds 5 & 6 Improvements Contract to Desroches
Construction Services, Inc. in the amount of $84,505.00.
The following is recommended:
July 29, 2019
Page 3
Ensure that the Contractor meets the construction scheduling requirements of
Specification Section 01300, including preparing a detailed construction
schedule.
Ensure that the Contractor employs a qualified superintendent full time on the
construction site for the contract duration as required by the Standard General
Conditions Article 7.
Provide a part-time Resident Project Representative (RPR) onsite during project
construction.
It is recommended that the work commence prior to 8/15/19 and be completed
prior to 10/1/19 to help ensure the vegetation becomes established.
If you have any questions, please feel free to contact us.
Sincerely,
Kirstin DiPietro Worden, P.E.
Senior Environmental Engineer
Hoyle, Tanner & Associates, Inc.
Bid CanvasKennedy Drive Stormwater Ponds 5/6 Improvements ProjectCity of South Burlington, VermontLake Champlain Basin Program Grant #LS-2019-058Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price201.11 Clearing and Grubbing, Including Individual Trees and Stumps 0.01 ACRE $60,000.00 $1,000.00 $215,000.00 $2,150.00 $2,000.00 $2,000.00 $282,803.28 $2,828.03 $400,000.00 $4,000.00203.28 Excavation of Surfaces and Pavements30 CY $30.00 $1,000.00 $11.00 $330.00 $30.00 $900.00 $38.54 $1,156.20 $50.00 $1,500.00203.30 Earth Borrow Fill (allowance)50 CY $30.00 $1,500.00 $25.00 $1,250.00 $1.00 $50.00 $28.26 $1,413.00 $40.00 $2,000.00204.20 Trench Excavation of Earth190 CY $30.00 $5,700.00 $111.00 $21,090.00 $7.00 $1,330.00 $44.38 $8,432.20 $50.00 $9,500.00204.22 Trench Excavation of Earth, Exploratory20 CY $75.00 $1,500.00 $50.00 $1,000.00 $75.00 $1,500.00 $35.35 $707.00 $190.00 $3,800.00301.15 Subbase of Gravel (pipe bedding and structures) 80 CY $40.00 $3,200.00 $39.00 $3,120.00 $75.00 $6,000.00 $49.85 $3,988.00 $44.00 $3,520.00301.26 Subbase of Crushed Gravel, Fine Graded (18" roadways and 12" sidewalk) 60 CY $50.00 $3,000.00 $39.00 $2,340.00 $75.00 $4,500.00 $84.86 $5,091.60 $48.00 $2,880.00406.25 Bituminous Concrete Pavement30 TON $150.00 $4,500.00 $285.00 $8,550.00 $200.00 $6,000.00 $184.61 $5,538.30 $340.00 $10,200.00609.10 Dust Control with Water40.0 MGAL $25.00 $1,000.00 $5.00 $200.00 $10.00 $400.00 $120.53 $4,821.20 $15.00 $600.00613.11 Stone Fill, Type II (swale)10 CY $75.00 $800.00 $140.00 $1,400.00 $60.00 $600.00 $106.77 $1,067.70 $100.00 $1,000.00616.40 Remove and Reset Granite Curb140 LF $25.00 $3,500.00 $58.00 $8,120.00 $20.00 $2,800.00 $32.03 $4,484.20 $44.00 $6,160.00618.10 Portland Cement Concrete Sidewalk, 5 Inch35 SY $90.00 $3,200.00 $110.00 $3,850.00 $101.00 $3,535.00 $259.99 $9,099.65 $65.00 $2,275.00621.75 Remove and Reset Guardrail130 LF $20.00 $2,600.00 $36.00 $4,680.00 $15.00 $1,950.00 $16.27 $2,115.10 $15.00 $1,950.00622.10 Insulation Board1.50 MFBM $1,200.00 $1,900.00 $700.00 $1,050.00 $600.00 $900.00 $654.75 $982.13 $560.00 $840.00630.15 Flaggers80.00 HR $25.00 $2,000.00 $48.00 $3,840.00 $40.00 $3,200.00 $40.38 $3,230.40 $38.00 $3,040.00635.11 Mobilization/Demobilization (5%)1 LS $4,900.00 $4,900.00 $9,800.00 $9,800.00 $9,500.00 $9,500.00 $2,234.86 $2,234.86 $7,200.00 $7,200.00641.10 Traffic Control1 LS $10,000.00 $10,000.00 $13,900.00 $13,900.00 $2,200.00 $2,200.00 $15,747.04 $15,747.04 $18,500.00 $18,500.00646.404 Durable 4 Inch White Line, Polyurea180 LF $5.00 $900.00 $12.00 $2,160.00 $3.00 $540.00 $2.31 $415.80 $17.50 $3,150.00649.31 Geotextile Under Stone Fill (swale and sidewalk) 50 SY $4.00 $200.00 $14.00 $700.00 $4.00 $200.00 $5.77 $288.50 $1.20 $60.00649.515 Geotextile for Silt Fence, Woven Wire Reinforced 60 SY $10.00 $600.00 $8.00 $480.00 $10.00 $600.00 $15.63 $937.80 $4.00 $240.00651.15 Seed (Outside Wetland)5 LB $50.00 $300.00 $24.00 $120.00 $7.00 $35.00 $12.06 $60.30 $10.00 $50.00651.29 Straw mulch0.1 TON $600.00 $100.00 $2,300.00 $230.00 $900.00 $90.00 $1,261.55 $126.16 $3,300.00 $330.00651.35 Topsoil (4")30 CY $85.00 $2,600.00 $150.00 $4,500.00 $70.00 $2,100.00 $67.59 $2,027.70 $60.00 $1,800.00652.10 Erosion Protection & Sediment Control Plan1 LS $2,500.00 $2,500.00 $2,000.00 $2,000.00 $600.00 $600.00 $2,884.57 $2,884.57 $3,500.00 $3,500.00652.30 Maintenance of EPSC Plan (N.A.B.I.)1 LU $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00653.20 Temporary Erosion Matting100 SY $2.00 $200.00 $3.00 $300.00 $4.00 $400.00 $4.63 $463.00 $2.00 $200.00653.35 Vehicle Tracking Pad15 CY $65.00 $1,000.00 $34.00 $510.00 $80.00 $1,200.00 $43.31 $649.65 $90.00 $1,350.00653.41 Inlet Protection Device, Type II3 EACH $350.00 $1,100.00 $140.00 $420.00 $80.00 $240.00 $214.43 $643.29 $200.00 $600.00653.50 Barrier Fence - temporary construction120 LF $25.00 $3,000.00 $1.50 $180.00 $5.00 $600.00 $1.32 $158.40 $5.00 $600.00656.20 Evergreen Trees (White Spruce, B&B, 2-2.5" Caliper) 3 EACH $750.00 $2,300.00 $600.00 $1,800.00 $500.00 $1,500.00 $721.14 $2,163.42 $375.00 $1,125.00656.80 Lanscaping Backfill, Truck Measurement 9 CY $80.00 $800.00 $55.00 $495.00 $110.00 $990.00 $109.61 $986.49 $70.00 $630.00900.620 Pipe Connections to Existing Catch Basins (Coring) 2 CY $2,000.00 $4,000.00 $3,100.00 $6,200.00 $1,000.00 $2,000.00 $2,566.03 $5,132.06 $3,000.00 $6,000.00900.620 Catch Basin - 4' Diameter1 EACH $5,000.00 $5,000.00 $6,600.00 $6,600.00 $4,000.00 $4,000.00 $2,737.53 $2,737.53 $7,000.00 $7,000.00900.620 Catch Basin - 6' Diameter with Overflow Weir1 EACH $10,000.00 $10,000.00 $9,700.00 $9,700.00 $7,100.00 $7,100.00 $6,522.76 $6,522.76 $10,000.00 $10,000.00900.620 Cast Iron Frame and Solid Cover2 EACH $1,200.00 $2,400.00 $500.00 $1,000.00 $650.00 $1,300.00 $714.04 $1,428.08 $750.00 $1,500.00900.620 15" HDPE Pipe190 LF $65.00 $12,400.00 $22.00 $4,180.00 $60.00 $11,400.00 $53.34 $10,134.60 $132.00 $25,080.00900.640 Magnetic Locating Tape190 LF $2.00 $400.00 $0.30 $57.00 $0.50 $95.00 $1.04 $197.60 $1.00 $190.00900.645 Bonds & Insurance (2%)1 LS $2,000.00 $2,000.00 $2,600.00 $2,600.00 $1,650.00 $1,650.00 $878.55 $878.55 $2,900.00 $2,900.00$103,600.00 $131,402.00 $84,505.00 $112,272.86 $145,770.00Engineer's SignatureKirstin DiPietro Worden, P.E.Hoyle, Tanner & Associates, Inc.Apparent Low Bidder:Apparent Low Bid:Desroches Construction Services, Inc.$84,505.00NotesMunson Earth-Moving Corp.Total Price Base Bid7/16/2019Bids Opened: 1:00 PMBid ScheduleTotal Quantity UnitEngineer's EstimateOrmond Bushey & Sons, Inc.G.W. Tatro Construction, Inc.Desroches Construction Services, Inc.
Page 1 of 2
To: File
Project: City of South Burlington, Vermont
Kennedy Drive Stormwater Pond 5 & 6 Improvement
Subject: Reference Call – Desroches Construction Services
Author: Janet Bishop
Date: July 29, 2019
Project Name: Commerce Square Stormwater
Total Contract Value: $506,256
End Date: 6/2018
% Complete: 100%
Location: South Burlington
Owner: City of South Burlington
Reference: Jason Keener, VHB 802-497-6100
Discussion:
What is your recollection of how the construction went?
Drainage pipe and stormwater pond projects. Contractor did very good, professional.
Do you recall the Contractor being fair or unfair to get along with?
They were fair and good to work with, no issues
Do you recall who the Superintendent/Project Manager was?
Ron Desroches was on site most everyday
What do you recall about the Superintendent/Project Manager’s role and effectiveness in the project?
Good with quantity issues, had no problems with him.
What do you recall about the Superintendent’s/Project Manager’s role and effectiveness in the project?
Very active on site with laboring and layout of work.
Would you look forward to working with the Superintendent/Project Manager?
Yes.
What do you recall regarding the Contractor’s recordkeeping?
Mostly hand notes but there were no issues.
Was the Contractor responsive to project team member concerns?
Very responsive.
Was the project completed on schedule?
He thinks so.
Page 2 of 2
How would you describe the quality of the Contractor’s final product?
Very good.
Do you recall if there were many change orders?
A couple, mostly at the direction of VHB.
Would you look forward to working with this Contractor in the future?
Yes.
Would you recommend this Contractor for this project?
Yes.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: Kevin Dorn, City Manager
South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Update to Planning & Zoning Fees following changes to Clerk’s Recording Fees
DATE: August 5, 2019 City Council meeting
This past Legislative Session, changes to municipal clerks’ recording fees were adopted statewide. This
includes all documents formally recorded in the Land Records. In reviewing the implications of this
change on our own fee structure – and specifically those of Planning & Zoning activities – we saw an
opportunity to clarify the exact function of certain fees, and to affirm with Council that the fee structure
is meeting South Burlington’s needs.
Specifically, staff is recommending that the Council consider and adopt the following minor changes to
the Planning & Zoning Fees:
1.Change “Recording Fee” to “Digitization Fee”
For DRB decisions, administrative decisions, zoning permits, permanent sign permits, certificates of
compliance, and related decisions & permits, change the fixed, per-decision payment due from
being called a “recording fee” to being called a “digitization fee.” The amount is proposed to remain
at $13 per decision or permit.
Discussion: State law permits, but does not require, permits & DRB-type decisions (or a notice
thereof) to be recorded in the Land Records. As a practical matter, the City of South Burlington has
for at least 15 years elected not to record these permits and decisions in the Land Records. Our
practice has been to maintain the originals of the permits & decisions in the Planning & Zoning
Department, a digital index of the permits and the decisions in the Planning & Zoning Office, and a
print-out of this index in the Clerk’s office.
With the transition to Laserfiche for the archiving of decisions and permits, this is all in the process
of changing. Decisions & permits are now scanned, in full form, into Laserfiche, along with indexing
of this work. This material is now available in the Planning & Zoning Department at a kiosk, as well
as online directly through the City’s website for any users. We have also digitized all DRB decisions
and are in the process of doing so for all zoning permits. Until all of the zoning permits are digitized,
the legacy indexing is available at the kiosk as well.
2
Recommendation:
All of this to say the following: Staff recommends that the City Council continue, and formalize, the
practice of not “Recording” decisions & permits in the Land Records, and instead to focus on having
them available to ALL website users & visitors to City Hall via kiosks. An additional action to also
Record these documents would duplicative and costly to all users.
Staff does, however, recommend that the fixed digitization fee of $13 per permit or decision
continue to be collected to fund the processing of these records. If approved, these funds would
appear as a Planning & Zoning revenue item within the General Fund, rather than the current
practice of being splits between that and the City Clerk’s computerization fund. This will not
materially affect the Clerk’s office, however, as their previous contribution towards digitization will
also be removed.
2.Clarify that per-square foot fee applies to both Administrative and DRB site plans
Discussion: The current layout of the fee structure does not make it entirely clear that the fee
changed per square foot of new building applies to both applications reviewed by the DRB and by
the Administrative Officer. While that has been staff’s practice, a minor re-organization of the fee
schedule would make this clear.
Recommendation: re-organize layout of fee schedule to be clear that the per-square foot fees for
site plans apply to both applications being review by the DRB and applications being reviewed by
the Administrative Officer.
3.Add City Clerk’s Recording Fees (FYI only, no Council Action required)
As noted above, Clerk’s recording fees have changed. For ease of use for readers, as of July 1, staff
inserted the updated Clerk’s recording fees for documents and plans.
Planning and Zoning Fee Schedule City of South Burlington
Department of Planning Zoning
Type of Permit or Review Application Fee 12 Recording
Digitization
Fee
Total Fee
Zoning (building) permit
New residential1 $.45 per sq ft $13 varies
New residential - unfinished basement $.20 per sq ft $0 varies
New residential - garage bay $50 per bay $0 varies
Residential additions & alterations
$5 per $1,000 project cost,
min $30 $13 varies
New non-residential1 $.35 per sq ft $13 varies
Non-residential additions & alterations $5 per $1,000 project cost,
min $30 $13 varies
Demolition $50 $13 $63
Sign permit
Temporary sign permit (per sign) $5 $0 $5
Permanent sign permit (per sign) $55 $0 $55
Peddlers permit
Peddlers Permit
$70 + $10/additional
person/month $0 varies
Peddlers permit, travelling, annual $700 per calendar year $0 $700
After-the-fact permit or review 2
Supplemental fee - No notice of violation issued 3 Standard fee plus 50%$0 varies
Supplemental fee - Notice of violation issued 3 Standard fee plus 100%$0 varies
Certificate of Occupancy $140 $13 $153
Certificate of Compliance $27 $13 $40
Subdivision
Sketch Plan - Base fee 4, 11 $350 $13 $363
Sketch - per residential unit/lot (first 2) 5 $25 $0 varies
Sketch - per residential unit/lot (units / lots 3-9) 5 $50 $0 varies
Sketch - per residential unit/lot (units / lots 10+) 5 $25 $0 varies
Sketch - per non-residential sq ft 6 $0.02 $0 varies
Sketch (SEQ) supplemental fee 7 Per unit/lot fee plus 50% $0 varies
Master plan $550 $13 $563
Preliminary Plat - Base fee 4, 11 $500 $13 $513
Preliminary Plat - per unit/lot 5 $50 $0 varies
Preliminary Plat - per non-residential sq ft 6 $0.05 $0 varies
Preliminary Plat - per non-residential sq ft above 10,000 6 $0.03 $0 varies
Preliminary Plat (SEQ) supplemental fee 7 Per unit/lot fee plus 50% $0 varies
Final Plat - Base fee 4, 11 $500 $13 varies
Final Plat - per unit/lot (first 2) 5 $25 $0 varies
Final Plat - per unit/lot (units / lots 3-9) 5 $50 $0 varies
Final Plat - per unit/lot (units / lots 10+) 5 $35 $0 varies
Final Plat - per non-residential sq ft 6 $0.03 $0 varies
Final Plat - per non-residential sq ft above 10,000 6 $0.02 $0 varies
Final Plat (SEQ) supplemental fee 7 Per unit/lot fee plus 50% $0 varies
Minor Lot Line Adjustment $100 $13 $113
Site plan & conditional use
Site plan (DRB review) $275 $13 varies
Site plan (Administrative review)$140 $13 $153
Per residential unit (DRB or Admin) 5 $100 $0 varies
Page 1 of 2 DRAFT August 5, 2019
Planning and Zoning Fee Schedule City of South Burlington
Department of Planning Zoning
Type of Permit or Review Application Fee 12 Recording
Digitization
Fee
Total Fee
Per non-residential sq ft (DRB or Admin)6 $0.10 $0 varies
Per non-residential sq ft above 10,000 (DRB or Admin) 6 $0.05 $0 varies
Site plan (administrative review)$140 $13 $153
Conditional use $165 $13 $178
Interim Zoning Application $275 $13 $288
Variance $165 $13 $178
Design Review
Sign applications $55 $0 $55
All other applications $165 $0 $165
Miscellaneous DRB review $110 $13 $123
Independent technical review 8 per hour $0 varies
Legal review 8 per hour $0 varies
Appeal of Administrative Officer $220 $13 $233
DRB continuance requested by applicant 9 $50 $0 $50
City Clerk Recording (per page)$0 $15 varies
City Clerk Mylar Recording (per page)$0 $25 varies
Digital parcel map update 10 $60-120 $0 $60-120
Sewer connection inspections $50 $13 $63
Notes
1 Permit fees shall be based on all new square footage of all structures except additions to existing structures, unfinished basements,
unfinished attics, unenclosed porches and decks, garage bays for single and two-family homes, and parking areas located beneath multi-family
residential buildings and congregate care facilities.
2 An after-the-fact fee shall be required for any permit or development review application submitted following the commencement of
construction on a project without all applicable valid local approvals.
3 Refers to a formal notice of violation issued by the city's Administrative Officer
4 The base fee shall apply to all applicable applications. Per unit/lot/square foot and supplemental fees shall apply cumulatively in addition to
the base fee and shall apply to new units/lots/square feet not previously approved.
9 Applies to all applications for which the applicant requests a continuance of a public hearing, without the application being heard by the DRB,
following warning of the hearing in any form. This fee shall not apply if city staff ask in writing that the applicant submit a request for
continuance. Fee payable at time of request.
12 Reduction or waiver of fees. Fees under this Schedule may be reduced or waived due to extenuating circumstances. An applicant
requesting such reduction or waiver shall provide the request in writing to the Director of Planning and Zoning. The Director shall review such
requests and provide a written recommendation to the City Manager. The Director may also initiate such a request and recommendation. The
City Manager shall review the request and recommendation and make a final determination.
5 Per unit / lot fee: Charged for number of new units or lots (whichever is greater).
6 Per square foot fee: Charged for the number of new square feet of buildings.
7 SEQ supplemental fees shall apply to all applications for land within the Southeast Quadrant. These fees shall be calculated as supplemental
to the per unit/lot/square foot fees applicable to the application.
8 Legal and Independent Technical reviews: All expenses for legal review required by the Land Development Regulations and/ or the DRB shall
be paid by the applicant(s). The City shall require and hold one or more up-front deposits for use in payment. All unused fees shall be returned
to the applicant following issuance of a decision of withdrawal of the application.
11 Applications received after January 1, 2013 to only establish "footprint lots" within previously approved subdivisions and PUDs shall pay the
lesser of (a) the base fees or (b) the per unit/lot/ square foot and supplemental fees.
10 Digital parcel map update fees shall be required for all approved applications that adjust or create new parcels. Georeferenced files shall pay
a fee of $60. Non-georeferenced files shall pay a supplemental fee of $60.
Page 2 of 2 DRAFT August 5, 2019
575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington City Council
Kevin Dorn, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
SUBJECT: Public Hearing Interim Zoning Application #IZ-19-02 (1227 Dorset Street)
DATE: August 5, 2019 City Council meeting
Rivers Edge Development, in conjunction with Highlands Development Company, is requesting
approval from the City Council to undertake a multi-lot subdivision with 11 dwelling units at
1227 Dorset Road. This 4.22 acre lot is part of the Golf Course is contained within the 2015
stipulated Master Plan agreed upon via settlement amongst the City, Highlands Development
Company LLC, and JAM Golf, LLC. The settlement agreement approved up to 11 dwelling units
for this Clubhouse Lot at the Master Plan level and determined that the preliminary and final
plat applications shall be reviewed under the City Land Development Regulations adopted May
12, 2003.
Enclosed with your packet are the following materials:
•Applicant narrative letter
•Completed application form and applicant narrative
•Overall Golf Course site plan
•Site Plan showing the proposed subdivision
Staff deemed the application complete on July 2, 2019. Public notices were sent out in
compliance with State Law.
LOCATION MAP
NOT TO SCALE
A
C
E
HIGHLANDS
DEVELOPMENT
CO., LLC
VERMONT
NATIONAL
COUNTRY CLUB
1227 DORSET STREET
SOUTH BURLINGTON,
VERMONT
SOUTH BURLINGTON,
VERMONT
RECEIVED FOR RECORDING IN THE LAND RECORDS OF
THE CITY OF SOUTH BURLINGTON, VERMONT, AT
______________ O'CLOCK ON THE ______ DAY OF
__________, 20_____.
ATTEST: ____________________________, CITY CLERK
APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW
BOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT,
ON THE _____ DAY OF ________, 20____, SUBJECT TO THE
REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION.
SIGNED THIS _____ DAY OF _________, 20______.
BY ___________________________________, CHAIRPERSON
ORIGINAL INK on MYLAR - REDUCED for RECORDING