HomeMy WebLinkAboutAgenda - City Council - 02/18/2020AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT
Regular Session 6:30 P.M. Tuesday, February 18, 2020 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 DisbursementsB.*** Approve certification of no appeals or suits pending from actions of the listers nor suitspending to recover taxes paid under protest relating to the April 1, 2019 grand list.C.*** Approve UVM Horticulture Farm Stormwater and Irrigation Pond License and StormwaterAgreement and authorize City Manager to execute.D.*** Approve Stormwater System Design Agreement with Burlington Country Club andauthorize city staff to execute same and to apply for grant funding for construction phasecosts.E.Authorize City Manager to negotiate and execute lease for office space located at 1 KennedyDrive.F. *** Authorize City Manager to Negotiate and Contract for Materials Inspection and TestingServices for 180 Market Street.
7. Presentation on the 2020 US Census - Bob Stock, Partnership Specialist - Vermont, US CensusBureau (7:00 – 7:20 PM)
8. Presentation from Chittenden County Regional Planning Commission regarding their I – 89 2050Study - Charlie Baker, Executive Director (7:20 – 7:40 PM)
9.Consider and possibly approve Social Service Funding allocation (7:40 – 8:00 PM)
10.*** Council discussion about the status of the Natural Resources Committee and review and possiblyamend its charge. (8:00 – 8:15 PM)
11.***Interview candidates for City Committees, Boards and Commissions (8:15 – 8:30 PM)
12.Possible Council appointment of members to City Committees, Boards and Commissions (8:30 –8:35 PM)
13.City Council discussion about the speed limit on Hinesburg Road and possible direction to staff (8:35–8: 50 PM)
14.January Financials - Tom Hubbard (8:50 – 9:00 PM)
15.Reports from Councilors on Committee assignments (9:00 – 9:10 PM)
16.*** Convene as the South Burlington Liquor Control Commission to consider the followingApplications: (9:10 – 9:15 PM)
•Pulcinella’s LLC – request to move location of liquor licensefrom 100 Dorset Street to 1710 Shelburne Road
17.Other business (9:15 – 9:20 PM)
18. Adjourn (9:20 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 sufficienttime 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 otherconversations occurring.
Memo
To: South Burlington City Council
From: Tom DiPietro, Deputy Director of Public Works
CC: Justin Rabidoux, Director of Public Works
Kevin Dorn, City Manager
Date: February 14, 2020
Re: UVM Horticulture Farm Stormwater and Irrigation Pond License and
Stormwater Agreement
The South Burlington Department of Public Works has been working with the
University of Vermont to develop and construct a stormwater / irrigation pond on the
UVM Horticulture Farm property. Successful implementation of this project would have benefits for both the City and the University. The proposed pond would treat stormwater from a large area in the stormwater impaired Bartlett Brook watershed (see attached drainage area map and summary). The pond would also provide a
source of irrigation water for fields on the western side of the Horticulture Farm
property. UVM’s existing irrigation infrastructure can’t supply water to these fields.
Included with this memo is a proposed License agreement that defines the roles and responsibilities of each party as project design and construction moves forward. The term of the agreement is 5 years, with four 5-year renewal options. The
agreement indicates that the City would be responsible for design and construction related costs of the stormwater pond, but the University would be responsible for costs related to the irrigation system. The agreement also addresses permitting, access, and tax issues related to use of UVM property for stormwater treatment purposes. This agreement has been reviewed and developed with oversight of the
City’s legal counsel.
Based on the above, I am requesting that City Council approve the
Horticulture Farm Stormwater and Irrigation Pond License agreement. If you would like additional information on this project, please contact Tom DiPietro, Deputy Director of Public Works, at (802) 658-7961 x6108.
CEDARGLEN DRSPEAR STOVERLOOKDR
PINNACLE DR
PINNACLE DRCEDAR GLEN DR
DEERFIELD DR VALE DRNOWLAND FARM RDSTONEHEDGE DRPI
NNACLE DR1
2
2
3
4
5
¯0 1,000 2,000500 Feet
Legend
RoadsDrainage AreasTREATED
No
Yes
Drainage Area to ProposedStormwater Treatment Practice on the Hort Farm
Drainage
Area
Drainage
Area Size
(s.f.)
Total
Impervious
Area (s.f.)
Roadway
Impervious
Area (s.f.)
Percent
Impervious Area
That is Road
Drainage Area
Percent
Impervious Notes
1 444,906 144,729 97,901 68%33%Drains to Pinnacle at
Spear Pond A
2 320,360 62,322 46,155 74%19%Drains to Pinnacle at
Spear Pond B
3 701,025 102,980 74,385 72%15%Runoff currently
receives no treatment
4 321,533 50,305 36,839 73%16%Runoff currently
receives no treatment
5 397,955 139,410 124,009 89%35%Runoff currently
receives no treatment
Total 2,185,779 499,746 379,289 76%23%
LICENSE AND STORMWATER AGREEMENT
Horticulture Farm Stormwater and Irrigation Pond
By and between
University of Vermont and State Agricultural College
and
City of South Burlington
This License Agreement made this ____ day of ___________, 2020, by and between the University of Vermont
and State Agricultural College, a non-profit educational corporation and instrumentality of the State of
Vermont, having its principal offices located at 85 South Prospect Street, Burlington, VT 05405 (“University”);
and the City of South Burlington, a Vermont municipality in the county of Chittenden and State of Vermont,
having its principal offices located at 575 Dorset Street, South Burlington, VT 05403 (“City”).
WHEREAS, the University owns and maintains a working educational horticulture farm and related
improvements on the real property numbered 65 Green Mountain Drive in South Burlington, Vermont; and
WHEREAS, the City desires to license a portion of the University’s property at the horticulture farm for the
purposes of accessing and maintaining a stormwater pond pursuant to the City’s obligations to the Bartlett
Brook Flow Restoration Plan dated October 1, 2016; and
WHEREAS, the City and University both see value in utilizing this pond for agricultural irrigation purposes to
promote agricultural use in South Burlington; and
WHEREAS, the University supports the City’s proposed stormwater pond on the Premises; and
NOW, THEREFORE, the University and City agree as follows:
1)PREMISES. An improved piece of land comprising approximately 96.91 acres as shown on the attached
plan, Exhibit A, Premises.
2) TERM. This License Agreement shall be for a term of 5 years commencing January 1, 2020 and ending
December 31, 2024. The City shall have four 5-year renewal options, exercisable by providing 90 days’
prior written notice to the University prior to expiration of any existing term or renewal term. The
University, using reasonable discretion, shall have the right to deny any renewal and terminate the License
as of the end of the then existing term, only in the event of substantial changes in circumstances not
contemplated by the parties at the time of execution of this License.
3)CONSIDERATION AND LICENSE FEE. City shall pay the sum of one dollar ($1.00) and other
valuable consideration for the license term established, receipt of which is hereby acknowledged.
4)USE. A portion of the Premises shall be used by the City for municipal stormwater purposes to allow the
City to construct, access, operate, maintain, improve, upgrade, repair and replace all stormwater-related
improvements, along with design elements necessary for the University’s use of stormwater for irrigation,
as shown on Exhibit A. The City acknowledges that the University shall have unlimited right-of-way
access to and across the Premises. The City’s use of the Premises is subject at all times to existing
easements and right of way agreements.
5)CONDITION OF PREMISES. The City has inspected the Premises and accepts them in “As Is” condition.
Any and all improvements to the Premises whether developed by the City or the University shall revert to
the University at the expiration or termination of the Term without compensation to the City.
Page 2 of 6
6)CONSTRUCTION. The Parties shall meet to define the design parameters, scope, and schedule of the
Project on the site to include, but not limited to, location of the pond and any berms, inflow and outflow
routes, access routes to the site, location of piping and location of pump stations for irrigation if necessary.
The City shall design the Project and pay all costs and expenses associated with the design elements
for the Project, including design elements of the Project necessary for the University’s irrigation
improvements. The City shall not be responsible for reimbursing the University for any staff time
generated as result of the Project. Upon completion of final design plans for the Project, the City shall
obtain the University’s written approval of the design, which approval shall not be unreasonably
withheld, conditioned or delayed.
The City shall pay all costs and expenses associated with construction of the stormwater elements of
the Project, including any layout costs that may accommodate the pump station. The University shall
pay all other costs and expenses associated with design construction and installation of the irrigation
system.
The City may seek grant opportunities to cover design, construction and maintenance costs. The
University agrees to reasonably cooperate with the City, where applicable, with the City’s grant
applications.
7)TERMINATION. If the City determines that it is not feasible to develop the Project as contemplated herein,
then it shall notify the University of such determination, and this Agreement shall thereby terminate.
8)OPERATION AND MAINTENANCE. All upkeep and maintenance costs shall be the sole responsibility
of the City. The City shall have the right to access, operate, maintain, improve, upgrade, repair and replace
all stormwater-related improvements on the premises. Except for maintenance repair or replacement that
arises from the City’s negligence or willful misconduct, the City shall not be responsible for maintaining,
repairing or replacing any vegetation, landscaping, retaining walls or building-related structures, trees,
bushes or any specific elements of the pond that are for the horticulture farm irrigation system.
This Agreement presumes that each Party will fully perform all of the conditions outlined above. If,
after an inspection is completed, it is determined that repairs and/or maintenance is required, or if either
Party asserts that the other is in breach of this Agreement for a failure to comply with a stated
condition(s), then the first party shall give written notice to the second party of the breach with request
for a written correction plan to be submitted within ten (10) business days of the original notice date.
The second party shall submit a plan that includes the necessary work to be performed with a deadline
for completion that takes unfavorable weather conditions into account. A failure to complete the
planned correction(s) as outlined, shall be considered a default of the party’s obligations under this
Agreement.
9)REAL ESTATE TAXES. The City shall pay all real estate taxes, assessments, Payment in Lieu of Taxes
(PILOT) and/or any other charges which may be levied or incurred by reason of the use of such Premises
by the City during the Term. The City shall have the right to dispute the reasonableness of any such charges
but City must agree to pay all costs and/or expenses incurred in any such dispute.
10) PERMITS. The City is responsible for paying the costs of obtaining and/or complying with all permits or
other forms of governmental approval which are necessary in connection with the construction and use of
the Premises. The University shall be a co-applicant on any permits for any improvements and the City
shall provide UVM with copies of all City and state permits and close out documents as necessary. The
Parties shall work cooperatively on any federal, state, or local permitting. This cooperation may include,
Page 3 of 6
but is not limited to, providing access for soil testing and wetland impact review, preparing, supporting
and executing transactional and conveyance documents and joint or coordinated applications to the
City’s zoning authorities, the District 4 Environmental Commission, the Army Corps of Engineers, all
consistent with the terms of this License Agreement.
11) COMPLIANCE. The City shall conform and comply with all applicable municipal, county, state and
federal ordinances, laws, rules and regulations in using the Premises and will not use the Premises so
as to create any nuisance or in such manner as may tend to increase the rates of any insurance on the
Premises, except as authorized in this License.
12) ASSIGNMENT AND SUBLETTING. The City shall not assign this License or sublet the whole, or
any part without the prior written consent of the University which shall be given or withheld in the
University’s sole discretion.
13) LIENS. The City shall be responsible for the satisfaction or payment of any liens for any provider of
work, labor, material or services claiming by, through or under Licensee. The City shall also indemnify,
hold harmless and defend the University against any such liens, including legal fees. Such liens shall
be discharged by the City within thirty (30) days after notice by the University of filing thereof by
bonding, payment or otherwise, or, in default thereof, the University may cause any such liens to be
removed of record by payment or bond or otherwise, as the University may elect, and the City shall
reimburse the University for all reasonable costs and expenses, including reasonable attorneys’ fees in
connection with the removal of any such liens.
14) UNIVERSITY ACCESS. The University reserves the right to fully use and enjoy the Premises and the
land surrounding the Premises in any manner that will not prevent or interfere with the exercise by the
City of the License herein granted including the right to cross and re-cross the Premises, provided
however, that such use shall permit the City to maintain, repair, or replace the Stormwater Pond on the
Premises. In the event that the University determines in its sole discretion that the installation of
improvements for an irrigation system utilizing the stormwater pond is in the best interests of the
University, then the City shall permit the University the right to install, repair, replace, such irrigation
system improvements provided they do not interfere with the City’s right to maintain, repair or replace
the Stormwater Pond. All costs associated with the design, permitting and installation of the irrigation
system shall be the sole expense of the University.
15) SIGNS. The City shall comply with all local and state sign ordinances concerning the erection of signs on
the Premises. In no case can any signs be erected on the Premises without the University's written
permission. Such permission shall not be unreasonably withheld. Any costs associated with signs shall
be the sole expense of the City.
16) DEFAULT. Material breach of any of the foregoing conditions or provisions shall entitle the
University to terminate this License at any time during the Term thereof by providing written notice to
the City. Such notice of termination will be effective immediately, and the License shall immediately
terminate, unless the breach cited by the University is cured by the City to the reasonable satisfaction
of the University within ten (10) business days after the date of said written notice of the University’s
intent to terminate.
17) INSURANCE. The City shall, at its own cost and expense, obtain and maintain in continuous effect a
policy, or policies, of commercial general liability insurance with limits of not less than two million
dollars ($2,000,000.00) combined single limit, including coverage for bodily injury and property
damage, contractual liability and for property of others in the City’s care, custody and control, to include
fire, legal liability, commercial automobile liability insurance with limits of not less than two million
Page 4 of 6
dollars ($2,000,000) per occurrence, including operation of owned, non-owned and hired vehicles;
coverage for workers compensation in accordance with State statute; and Employers Liability Insurance
with limits of not less than One Hundred Thousand Dollars ($100,000) per occurrence and Five
Hundred Thousand Dollars ($500,000) annual aggregate. The City shall be responsible for carrying
property insurance on its own personal property as well as any improvements or betterments to the
Premises. Should any of the described policies be cancelled before the expiration date thereof, notice
will be delivered in accordance with the policy provisions. The City shall submit, at the time of signing
this License, proof of all of the above referenced insurance coverages, which certificates shall name
University as an additional insured. The City may achieve the required limits and coverage for CGL
and Auto Liability through a combination of primary and excess or umbrella liability insurance,
provided such primary and excess or umbrella insurance policies result in the same or greater coverage
as the coverages identified above.
18) INDEMNIFICATION. Each party shall indemnify, defend, save, and hold harmless the other party, its
officers, directors, agents, and employees from any and all liability, loss, damage, claims, causes of
action, and expenses (including reasonable attorneys’ fees), caused or asserted to have been caused,
directly or indirectly, in connection with the performance of this License Agreement, to the extent that
such liability or damage is caused in whole or in part, by the indemnifying party’s negligence,
misconduct, or breach of this License Agreement. The provisions of this section shall survive
termination of the License Agreement as to acts or omissions occurring prior to the effective date of
termination.
19) QUIET ENJOYMENT. Provided the City is in compliance with this License, it shall peaceably use the
Premises during the Term free from the lawful claims of any person.
20) NOTICES. All notices required under this License shall be written as provided below:
To the University:
University of Vermont and State Agricultural College
c/o Real Estate Operations
109 South Prospect Street
Burlington, VT 05405
Attn.: Real Estate Manager
To the City:
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Office of the Manager
21) SURVEY MONUMENTS. The City agrees to protect all property monuments from being disturbed. In
the event that any monuments are disturbed, the City shall be responsible for all expenses associated with
replacement of the disturbed monuments by a Land Surveyor licensed to do business in the State of
Vermont, and to coordinate all of the necessary work with the University’s Real Estate Manager and subject
to 13 V.S.A. Section 3834 "Removal of Survey Monuments".
22) PERFORMANCE. The failure of either party to insist upon a strict performance of any of the terms,
conditions, and covenants herein shall not be deemed a waiver of any rights or remedies that that party may
have and shall not be deemed a waiver of any subsequent breach or default in the terms, covenants, and
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conditions herein contained.
23) RELATIONSHIP OF PARTIES. Neither party will represent itself as an agent of the other.
24) LAWS. This License shall be governed by the laws of the State of Vermont.
25) SEVERABILITY. If any of the clauses set forth herein are determined by a court of law to be illegal
or unenforceable, the severability of those clauses shall not constitute an avoidance of the entire
License.
26) ENTIRE AGREEMENT. This License constitutes the entire agreement between the parties and
supersedes any and all other agreements or understandings, written or oral.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year
first above written.
In the presence of: UNIVERSITY OF VERMONT AND STATE
AGRICULTURAL COLLEGE
By: _____________________________ By: __________________________________
Richard H. Cate
Vice President for Finance and Treasurer
Acknowledged:
By: __________________________________
Patricia Prelock,
Senior Vice President and Provost
STATE OF VERMONT
COUNTY OF _____________________, SS.
On this ____ day of _________, 2020, there personally appeared Richard H. Cate, Vice President for
Finance and Treasurer, and duly authorized agent of the University of Vermont and State Agricultural College,
known to me to be the person who executed the foregoing instrument, and he acknowledged this instrument,
by him signed, to be his free act and deed and the free act and deed of the University of Vermont and State
Agricultural College.
Before me,_________________________
Notary Public, #______________
My commission expires: _______
In the presence of: CITY OF SOUTH BURLINGTON
By: ________________________________ By: ___________________________________
Name: _____________________________
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
On this ____ day of _________, 2020, there personally appeared ________________________,
___________________________________and duly authorized agent of the City of South Burlington, known
to me to be the person who executed the foregoing instrument, and he/she acknowledged this instrument, by
him/her signed, to be his/her free act and deed and the free act and deed of the City of South Burlington.
Before me,_________________________
Notary Public, #______________
Commission expires: ________
Page 6 of 6
EXHIBIT A
PREMISES
Memo
To: South Burlington City Council
From: Tom DiPietro, Deputy Director of Public Works
CC: Justin Rabidoux, Director of Public Works
Kevin Dorn, City Manager
Date: February 5, 2020
Re: Stormwater System Design Agreement with Burlington Country Club & Grant
Request Form
The South Burlington Department of Public Works has been in discussion with the Burlington Country Club (BCC) regarding development of a mutually beneficial stormwater treatment project. The
proposed project would be located along Spear Street approximately 1,700 feet south of Quarry Hill Road (across from the UVM Paul Miller Research Complex). The project would treat stormwater runoff from impervious surfaces owned by the City (Spear Street) and the BCC, and would help both parties meet stormwater requirements.
Included with this memo is a proposed agreement that defines the roles and responsibilities for each party during the engineering and design phase of the project. The agreement authorizes the expenditure of up to $50,000 for design and engineering related work. This amount would be shared by the City and BCC based on the pro-rata share of impervious surface that would be treated by the
proposed stormwater treatment system (64% City and 36% BCC). Among other topics, the agreement defines how change orders, grant applications, and contract termination would be handled during the
engineering and design phase of the project. This agreement has been developed in coordination with
the City’s legal counsel.
The DPW would also like to pursue grant funding to help pay for construction phase costs related to this project. Construction phase costs are estimated to be $386,000. This estimate will be refined as
the project design progresses. Included with this memo is a grant request form. We are proposing to apply for funding from the SWCRPC 2019 Design/Implementation Block Grant. We have previously utilized block grant funding for construction of stormwater treatment projects (e.g. Pinnacle at Spear). We are requesting $193,000 in grant funding. The remaining project costs would be shared between
BCC and the City. The City’s share would be paid for utilizing the stormwater capital project line item in the Stormwater Utility budget. The City and BCC will enter into a second agreement that covers
construction phase work when appropriate.
Based on the above, I am requesting that City Council authorize staff to (1) execute the
Stormwater System Design Agreement with Burlington Country Club and (2) apply for grant
funding for the construction phase costs of the BCC project. If you would like additional information
on this project, please contact Tom DiPietro, Deputy Director of Public Works, at (802) 658-7961 x6108.
1
STORMWATER SYSTEM DESIGN AGREEMENT
AGREEMENT by and between the Burlington Country Club Corporation, a
Vermont nonprofit corporation with its principal place of business in the City of
Burlington, County of Chittenden and State of Vermont, hereinafter referred to as
the “BCC,” 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 BCC is an organization that owns and operates a golf course,
pool, clubhouse and ancillary facilities; and
WHEREAS, the property is shown ____________, recorded on ______, and
recorded at Book ___, Page __35 (Map Slide ____) of the City of Burlington Land
Records; and
WHEREAS, the City has adopted an ordinance entitled “Ordinance
Regulating the Use of Public and Private Sanitary Sewerage and Stormwater
Systems,” which regulates the discharge of stormwater in the City, and has
initiated programs to manage stormwater discharges throughout the City; and
WHEREAS, the BCC property includes ____ acres of impervious surface and
will be subject to certain State of Vermont stormwater regulations; and
WHEREAS, the City property includes ____ acres of impervious surface and
will be subject to certain State of Vermont stormwater regulations; and
WHEREAS, in connection with implementation of the above-mentioned
programs, the City and BCC desire that existing impervious surfaces be provided
2
with stormwater treatment that meets or exceeds the recharge, water quality and
channel protection treatment standards in the 2017 Vermont Stormwater
Management Manual Treatment Standards (“2017 Standards”) or an appropriate
“best fix” standard; and
WHEREAS, to meet such standards, the City and BCC will work
collaboratively to design a stormwater treatment system that serves to treat
impervious surface from both BCC and City owned impervious surfaces on a portion
of their respective properties (the “Project”); and
NOW THEREFORE, in consideration of these mutual premises, the BCC,
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 BCC hereby:
A.Agrees to enter into a contract with the City and an engineering
firm selected by the City to design the Project, the fee due under such contract shall
not exceed Fifty Thousand dollars ($50,000), unless otherwise mutually agreed upon
by the City and the BCC in writing (the “Engineering Design Contract”) and
reasonably cooperate in the submission of appropriate permit applications for the
Project; and
B.Agrees to be a co-permittee with the City, as needed, on any
permit needed for design and construction for the Project and authorizes the
submission of necessary permit applications to the Vermont Agency of Natural
Resources; and
3
C. Agrees that it will pay thirty six Percent (36%) of all costs of the
Engineering Design Contract, which costs shall be limited to the costs to design the
project, prepare appropriate permit applications for the same, and costs to obtain
permits for the Project, and indemnify and hold the City harmless to that extent for
the costs of the Engineering Design Contract. BCC’s foregoing payment obligation
shall be in effect regardless of whether the Engineering Design Contract is fully
performed or is terminated prior to final completion, including, without limitation,
interest costs; and
D. Grants the City and the engineering firm for the Engineering
Design Contract such rights of access to property owned by the BCC as is
reasonably necessary to design the stormwater improvements for the Project and
the City covenants to repair any damage to such property as a result of such access
by the City or its representatives; and
E. Subject to Sections 3(A-B) below, promptly terminate the
Engineering Design Contract in accordance with its terms upon receipt of a written
request of the City, which request will be deemed to acknowledge BCC’s payment
obligation under Section 1(C) above; and
F. Provide the City with a letter of support for any grant
applications submitted on behalf of the Project.
2.The City hereby:
4
A.Agrees to enter into the Engineering Design Contract and
reasonably cooperate in the submission of appropriate permit applications for the
Project; and
B.Agrees to be a co-permittee for the Project with the BCC, as
needed, on any permit needed for design or construction and authorizes the
submission of necessary permit applications to the Vermont Agency of Natural
Resources; and
C. Agrees that it will pay sixty four Percent (64%) of all costs of the
Engineering Design Contract, which costs shall be limited to the costs to design the
project, prepare appropriate permit applications for the same, costs to obtain
permits for the project, and indemnify and hold BCC harmless to that extent for the
costs of the Engineering Design Contract. The City’s foregoing payment obligation
shall be in effect regardless of whether the Engineering Design Contract is fully
performed or is terminated prior to final completion, including, without limitation,
interest costs; and
D. Grants the BCC and the engineering firm for the Engineering
Design Contract such rights of access to property owned by the City as is reasonably
necessary to design the stormwater improvements for the Project and the BCC
covenants to repair any damage to such property as a result of such access by the
BCC or its representatives; and
E. Subject to Sections 3(A-B) below, promptly terminate the
Engineering Design Contract in accordance with its terms upon receipt of a written
5
request of the BCC, which request will be deemed to acknowledge the City’s
payment obligation under Section 2(C) above; and
G.Agrees that it will reasonably cooperate with the City in seeking
grants to help defray construction related costs of the Project, but that the decision
regarding whether or not a specific grant is applied for is at the City’s sole
discretion.
3.BCC and the City shall have the right to terminate the Engineering
Design Contract if:
A.Either party objects to a contract change order which the other
party considers necessary for the proper completion of the Project; or
B.Either party, in its sole discretion, determines that termination
is necessary for their best interests. Prior to such termination, the terminating
party shall provide the other party with five (5) business days to accept an
assignment of the Engineering Design Contract under which the other party
assumes all of the obligations and responsibilities under the Engineering Design
Contract. Termination of the Engineering Design Contract on either basis set forth
above shall not relieve either party of their payment obligations under Section
1(C)or 2(C) above.
4. This Agreement does not authorize any party to incur bid or
construction related expenses that would be shared per the payment provisions of
section 1(C) or 2(C) above. The parties agree that a Stormwater Project
Improvement Agreement will be signed prior to incurring construction related costs
6
for the Project. Neither party is obligated to move forward with construction of the
Project until a Stormwater Project Improvement Agreement is signed. Either party
may move forward with construction related costs at their own expense.
5. This Agreement may only be amended by written agreement of the
parties.
6. This Agreement shall be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
7. 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.
DATED this ____ day of __________________, 2020.
IN PRESENCE OF: CITY OF SOUTH BURLINGTON
_________________________ By: ____________________________
Witness Kevin Dorn, City Manager
And Duly Authorized Agent
DATED this ____ day of __________________, 2020.
IN PRESENCE OF: BURLINGTON COUNTRY
CLUB CORPORATION
___________________________ By: _____________________________
Witness Duly Authorized Agent
City Of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Assistant City Manager..
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form – either blank or completed
Tom DiPietro, Deputy Director January 29, 2020
Name and title of person completing this form (Project Manager) Date
1. Name/title of grant and submittal deadline date: SWCRPC Design/Implementation Block Grant-2nd Round;
January 30, 2020.
2. What specifically is the grant’s purpose? Funding for the construction of a stormwater treatment system
along Spear Street that will manage stormwater from City owned impervious surfaces.
3. What does the grant fund and not fund (be specific) The grant will fund 50% of the project construction
costs.
4. Total Project Cost:
a.Amount of grant: Construction of the project is estimated to cost $386,000. The grant will pay for
up to 50% of this cost, so we are applying for $156,000 in grant funding.
b.Is there a City match required, how much and in what fiscal year(s)? Yes, the City will be required
to provide a 50% match.
c.Are there other grants “tied into” or being used as a match for this grant of which are matching
funds for this grant? No.
5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be
paid through the stormwater utility’s capital improvement line item.
6. Is there a cost to the city upon grant conclusion, and if yes, please describe? No.
7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)?
Grant funding will be for construction of the project as a stand-alone project.
8. Length of grant - will the grant cross fiscal year(s)? Yes. Construction will likely occur in FY21.
9. Who will apply for grant (name/title)? Tom DiPietro, Deputy Director.
10. How much time will it take to complete grant application form? 4 hours.
11. How likely is it that we will receive grant? We have a good chance to receive this grant funding. The
project meets all eligibility requirements indicated on the application form.
12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is
filling out this form), Tom DiPietro what are any grant compliance requirements, how much time will this
take and how is that time available? Compliance with the grant will require the completion of set
milestones and deliverables to be reviewed by SWCRPC. Are there funds available in the grant to pay for
our administrative costs? Can in-kind service be used as part of the City match? Stormwater utility staff
will handle grant related work and paperwork. No, In-kind service cannot be used as part of City match.
13. Describe grant payment process – method of cash flow: The City would pay construction expenses and
then submit invoices to SWCRPC for reimbursement.
14. Should a Council-appointed Committee, Board, or Commission review this request?
If yes, please update status: The stormwater utility has managed several projects and grants in the past. This
is part of our normal, day to day operations and a board or commission is not necessary.
15.In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission: 5.
The project and grant would be to fund stormwater improvements in a stormwater impaired watershed.
___________________________________ _______________________________
Reviewed by Asst. City Manager, Date If approved, grant money will be in this fund
____________________________________ _______________________________
Approved by City Manager, Date Not Approved By City Manager, Date
___________________________________________ ______________________________________
Approved By City Council, Date Not Approved By City Council, Date
2/17/11
Procedure Regarding Grant Request Form
1) No City of South Burlington staff member or volunteer shall apply for a grant without completing
and receiving approval of the attached Form.
2) All Form questions must be answered – if you need assistance on financial questions please
contact the Assistant City Manager (846-4112).
3) As a rule the Form needs to be submitted to the Assistant City Manager at least two (2) weeks
before the City Council Meeting where the application will be reviewed. Exceptions can be made
especially when the funding source(s) do not provide sufficient lead time
4) Attach any supporting documentation to the Form.
5) Assistant City Manager will review Form for accuracy and completeness – Assistant City
Manager does not approve or reject application.
6) After being reviewed if the Form is complete the Assistant City Manager will submit form to City
Manager for approval or rejection.
7) City Manager may request meeting with applicant for clarification.
8) City Manager will determine whether to approve or reject the application and have the project
manager informed of the decision. Project manager can request a meeting with City Manager
prior to Form being reviewed by Council.
9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City
Council. Project manager will be given the opportunity to discuss Form with Council.
10)Council will make final decision as to whether to approve or reject grant application. Council will
also have to formally approve accepting the grant itself if/when it is awarded.
11)If Council approves Form the project manager will be expected to use his/her Form responses to
guide the actual grant application.
12)Project manager will update Assistant City Manager in writing as to grant writing, submittal,
approval, and implementation progress.
13)If grant is accepted by granting authority project manager will submit to Assistant City Manager
and Deputy Finance Officer a monthly progress report on grant implementation and financials –
upon request of project manager report time frame can be modified by Assistant City Manager
based on actual grant conditions.
14) Deputy Finance Officer will maintain a spread sheet of all grants that tracks grant progress related
to financials.
15)Grant spread sheet will be included in yearly Budget Book.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
To: Kevin Dorn, City Manager
From: Ilona Blanchard, Project Director
Subject: Authorize City Manager to Negotiate and Contract for Materials Inspection
and Testing Services for 180 Market Street
Date: February 14, 2020
Background: In December the City issued a Request for Proposals (RFP) for consultant
services to provide materials inspection services for the combined Public Library and City Hall public building in City Center. Note that a Request for Quotes had been issued earlier in the year and services secured for the first phase of construction. Any contract awarded will provide services through the
completion of the project.
This service has been budgeted for as part of the overall project budget.
The RFP was sent to firms that had previously provided quotes and placed on the Vermont BID system. Two proposals were received, from S.W. Cole and John Turner Consulting.
These have been reviewed and the recommendation is that S.W. Cole be
awarded the contract based on a review of price, qualifications, approach to the project and experience. S.W. Cole’s individual prices on some items were higher, however, they do not require 4-hour minimums on any of their services.
S.W. Cole offices and laboratory are well located and S.W. Cole provided (as
a subcontractor) inspection services for the Market Street Reconstruction Project.
Recommendation: Award a not-to-exceed time and materials contract to S.W. Cole in the amount of $67,800 for Materials Inspection and Testing Services for the 180 Market Street project.
REQUEST FOR PROPOSALS
FOR
INSPECTION AND TESTING SERVICES
Project: 180 Market Street – Library, City Hall, Senior Center
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Construction Materials Testing & Inspections RFP
180 Market Street
December 2019
i
Contents
1.INTRODUCTION ..................................................................................................................... 1
2.PROJECT DESCRIPTION ....................................................................................................... 1
3.SCOPE OF WORK ................................................................................................................... 2
4.SELECTION PROCESS ........................................................................................................... 2
5.CRITERIA FOR REVIEW ....................................................................................................... 2
6.SCHEDULE .............................................................................................................................. 2
7.PROPOSAL SUBMITTAL INSTRUCTIONS ......................................................................... 3
8.QUESTIONS ............................................................................................................................. 3
9.PROJECT AWARD, CONTRACT AND COMMENCEMENT ............................................. 3
9.01 Award ............................................................................................................................. 3
9.02 Services Fee .................................................................. Error! Bookmark not defined.
9.02 Term ............................................................................................................................... 3
9.03 Contract .......................................................................................................................... 4
10.MISCELLANEOUS .............................................................................................................. 4
10.01 Non-Binding ................................................................................................................... 4
10.02 Irregularities ................................................................................................................... 4
10.03 Rejection of Proposal ..................................................................................................... 4
10.04 Failure to Execute the Agreement .................................................................................. 4
10.05 Disposition of the Proposals ........................................................................................... 4
10.06 Cancellation .................................................................................................................... 4
11.LIST OF EXHIBITS .............................................................................................................. 4
Construction Materials Testing & Inspections RFP
180 Market Street
December 2019
1
1.INTRODUCTION
The City of South Burlington is requesting Proposals for testing and inspection services for
180 Market Street (the Project).
2.PROJECT DESCRIPTION
The Project generally consists of a Public Library, City Hall and Senior Center combined in a new
single building of approximately 50,000 square feet on site of 3.7 acres located at
180 Market Street. The building is three stories, located on two-thirds of an acre. The project site
crosses several property lines and also includes a new street, a parking lot serving the building,
relocated parking access for an adjacent underground parking area, and the reconstruction of
parking and bus access for an elementary school. The building includes public and office spaces,
two elevators, an auditorium, specialized acoustical separations and finishes, a geothermal heating
and cooling system, and is designed to achieve a LEED gold rating.
This site is located just east and north of the Allard Square building and south of the Rick Marcotte
Central School building and includes work on both sites as well as in the ROW of the streets on its
southern and eastern borders.
The Project is led by a Project Team including the City’s Project Manager (Public Works Director),
Construction Manager (Engelberth Construction) the Project Architect (Wiemann Lamphere), the
City’s Community Development Director, the City’s Library Director, and a Representative of the
Library Board of Trustees.
The delivery method for this Project is “Construction Manager at Risk” (CMAR).
The Project construction duration is 391 calendar days as indicated in the Project Schedule.
2.01 Architect
The Project Architect is: Weimann Lamphere Architects, 525 Hercules Drive, Suite Two,
Colchester, VT 05446 with Humphries Poli Architects in Colorado.
2.02 Construction Manager
The Project Construction Manager is Engelberth Construction, 463 Mountain View Drive,
Suite 200, Colchester, VT 05446.
2.05 Special Project Conditions
Special Conditions for this Project are:
•This building will open in the summer of 2021.
•This Project is under the oversight of the City.
•This Project green building certification objective is LEED Gold.
•Funding is in place for the Project.
•A Notice to Proceed was issued in October.
Construction Materials Testing & Inspections RFP
180 Market Street
December 2019
2
3.SCOPE OF WORK
Provide materials and soils testing and observation services for the 180 Market Street Project in
accordance with all project drawings, specifications, approved submittals and IBC requirements.
4.SELECTION PROCESS
The City will award the contract to the most qualified and responsive bidder. The Project Team will
review and score the submitted responses including qualifications. The Project Team may
recommend that the City Council award a contract based on submittals or the Project Team may
schedule interviews with the top scoring firms for additional information.
The Respondent is solely responsible for ensuring delivery to the submittal location no later than the
date and time specified. Use of the United States Postal Service, express or overnight delivery, or
any other service, shall not relieve the Proposer from the requirements of meeting the specified
deadline at the specified location. The City shall return unopened, any Proposal received after the
due date and time.
If proposals do not provide all information requested, meet minimum submittal or content
requirements herein, do not meet overall qualification standards, take unacceptable exceptions to the
RFP requirements, or present a clear conflict of interest, then City may deem them non-responsive
and eliminate them from further consideration.
5.CRITERIA FOR REVIEW
Price................................25%
Qualifications..................25%
Approach to the Work....25%
Experience......................25%
Review of Pricing will take into account individual prices. The quantity of items to be provided is
required but is understood to be an estimate; these quantities will be used to evaluate the firms
approach to the work and determine the overall contract value for the contract limiting amount.
6.SCHEDULE
RFP Advertised Tuesday, December 17, 2019
Last Day to Submit RFP Questions Friday, January 10, 2020
RFP Addenda issued (if required) Friday, January 17, 2020
RFP Due 2 PM, Thursday, January 23, 2020
Contract Award February 3-17, 2020
Contract Signature February 4 - 20, 2020
Construction Materials Testing & Inspections RFP
180 Market Street
December 2019
3
7.PROPOSAL SUBMITTAL INSTRUCTIONS
Proposals must be received in the City Hall before the date and time shown in the Schedule
(Section 6) and shall include the following:
A.Price Proposal Form. Fill out and attach Exhibit A, Price Proposal Form.
B.Submit all required Tables of Rate Schedules and showing fees for all services
proposed to be provided, including hourly rates, rates for testing and reimbursable
costs such transportation, etc. Using Exhibit B as an example, develop a labor hourly
rate schedule for personnel that will be providing the services for the project (TABLE
A), equipment and laboratory etc. fee rate schedule (TABLE B), and a proposal table
for the project using the specifications and drawings provided to build a combined table
of billable services and quantities (TABLE C2). Quantities in Table C2 will be used to
establish a not to exceed amount, but the City will be invoiced on the services
performed at the rates provided in the tables and schedules. If rates are inconsistent
across tables, the lowest rate shall be that used for billing.
C.Exceptions/Clarifications. List any exceptions or clarifications to this Request
including the attached Draft Contract on an item-by-item basis. If there are no
exceptions or clarifications, the Respondent must expressly indicate that no exceptions
or clarifications are taken (a space is provided on the Price Proposal Form).
D.Personnel Qualifications. Include:
a.Professional certifications and technical expertise of personnel
b.Personnel’s experience on similar projects
Deliver a hard copy on 8 ½” X 11” paper and a digital copy on a thumb drive of the submittal in a
sealed package marked on the outside “180 Market Street Testing and Inspections RFP,
Attention: Ilona Blanchard” to the City Manager’s Office, 575 Dorset Street, South
Burlington, VT 05403 prior to the date and time indicated in the Schedule.
8.QUESTIONS
All questions regarding this RFP must be submitted in writing by e-mail to Ilona Blanchard,
iblanchard@southburlingtonvt.gov and received no later than the due date indicated in 6. Schedule.
Clarifications may be requested verbally, however, verbal responses will not be considered binding.
Questions received after the due date will not be considered. Written responses to questions will be
sent to all registered Proposers.
9.PROJECT AWARD, CONTRACT AND COMMENCEMENT
9.01 Award
The City Council will receive a recommendation to award a contract to the Firm deemed the most
responsive. The successful firm will be informed in a timely manner and should be prepared to
commence work immediately following execution of the contract.
9.02 Term
The contract shall be for a set term, not to exceed closeout of the project.
Construction Materials Testing & Inspections RFP
180 Market Street
December 2019
4
9.03 Contract
See attached Contract for additional contract provisions.
10.MISCELLANEOUS
10.01 Non-Binding
This Request and/or the interview process, shall in no way be deemed to create a binding contract or
agreement of any kind between the City and the Respondents.
If the City does not award a contract, Respondents will not be entitled to recover any monetary
awards of any type whatsoever. The City reserves the right to reject all responses to this Request.
10.02 Irregularities
The City reserve the right to reject any or all proposals, to cancel the Project, to alter the selection
process in any way, to postpone the selection process for its own convenience at any time, and to
waive any defects in the RFP.
10.03 Rejection of Proposal
The City may reject any or all Proposals and may waive any immaterial defect in a Proposal. The
City’s waiver of an immaterial defect shall in no way modify the Request documents or excuse the
Respondent from full compliance with the drawings, specifications and IBC if awarded the contract.
10.04 Failure to Execute the Agreement
Failure to execute the agreement within the timeframe identified in 6. Schedule, shall be sufficient
cause for voiding the award. Failure to comply with other requirements within the set time shall
constitute failure to execute the agreement. If the selected Proposer refuses or fails to execute the
contract, the City may award the contract to the next qualified, highest-ranked Proposer.
10.05 Disposition of the Proposals
Responses become the property of the City. Each Proposer acknowledges and agrees that the
preparation of all materials for submittal to the City and all presentations, related costs and travel
expenses are at the Proposer’s sole expense, and the City is not, under any circumstances,
responsible for any cost or expense incurred by the Proposer. In addition, each Respondent
acknowledges and agrees that all documentation and materials submitted with their Response shall
remain the property of the City.
10.06 Cancellation
While it is the intent of the City to award to the successful Respondent, this solicitation does not
obligate the City to enter into an agreement. The City reserve the right to cancel this Request at any
time, in the best interest of the City. No obligation, either expressed or implied, exists on the part of
the City to make an award or to pay any costs incurred in the preparation or submission of a
Response to this Request.
11.LIST OF EXHIBITS
The following documents are a part of this RFP and contain Project specific information and/or
contain conditions related to this Project. These documents are attached to the RFP as detailed
below and / or are available to download:
Construction Materials Testing & Inspections RFP
180 Market Street
December 2019
5
A.Price Proposal Form
B.Schedule of Charges (Example only; firm to provide schedules specific to the project
documents)
C.Construction Drawings, Project Specifications & Geopier Submittals (link to access for
downloading)
D.Project Schedule
E.Draft Contract Agreement
F.City of South Burlington, Vermont Debarment and Non-Collusion Affidavit (for informational
purposes, will be included with the Contract Agreement)
Construction Materials Testing & Inspections RFP – PRICE PROPOSAL FORM
180 Market Street
December 2019
1
Exhibit A
PRICE PROPOSAL FORM
Name of Project: 180 Market Street – Construction Testing & Inspections
Project Location: 180 Market Street, South Burlington, VT
Firm Name and Address:
Contact Person:
Phone: Fax: Email:
Proposal of ___________________________________ (hereinafter called “CONSULTANT”),
organized and existing under the laws of the State of _______________ doing business as a
________________________in ________________________ (hereinafter called "OWNER").
(Corporation, LLC, etc...)
The Consultant hereby offers at the rates stated in the attached tables (See Exhibit B for example) to
furnish all testing and inspection services for the Owner in the construction of 180 Market Street,
for the construction of 180 Market Street (“the Project”) in South Burlington in accordance with all
the requirements of the Request for Proposals and to the satisfaction of the City.
The rates proposed include all materials and labor required to complete the work, including but not
limited to reproduction and other printing costs, data/telecommunications, sampling equipment and
supplies, travel expenses, mileage, meals, lodging, etc.
The Consultant also hereby agrees to enter into contract with the Owner upon acceptance of this
proposal.
PROPOSED COMPENSATION TABLE C1:
NOT TO EXCEED FEE AMOUNT
FILL IN WITH SUMMARY OF AMOUNT FROM
TABLE C2 – TOTAL ALL $
Construction Materials Testing & Inspections RFP – PRICE PROPOSAL FORM
180 Market Street
December 2019
2
Schedule of Charges: Attach Table A, B and C2 (See Exhibit B) providing the hourly rates and
unit prices to be charged for provision of the services proposed to be provided by the Consultant.
Fill in the anticipated quantities. Quantities will be used to generate a not to exceed sum, but are
expected to vary based on project conditions. Note that while the successful Consultant will be
onboarded after a month of testing has occurred, for consistency provide quantities for the entire
project start to finish as if it had not begun.
The Consultant agrees that the fees listed in the attached Schedule of Charges will be held for 60
days. It is understood the actual number and type of tests performed will vary with actual
conditions and the Consultant will invoice the City based on the attached Tables.
The Consultant acknowledges the Owner’s right to reject any and all proposals and to waive any
irregularities.
Specify the number of each addendum you have received ______________________________.
This proposal is subject to the provisions contained in the Contract and the Consultant agrees that
failure to comply with the conditions thereof shall be basis for rejection of this proposal. The
proposal fee must be submitted on this Fee Proposal Form, completely filled out and in a sealed
envelope provided by the City, and delivered in accordance with the instructions in Section 6.
Instructions for submitting proposals of the RFP, or it will be disregarded.
The Consultant has reviewed the RFP, draft Contract, and attachments and
______ no Exceptions are taken.
______ see the following Exceptions taken attached as “(insert name of firm) Exceptions”.
Signature: __________________________
Name: __________________________
Title: __________________________
Firm: ______________________
Construction Materials Testing & Inspections RFP – Exhibit B
180 Market Street
December 2019
1
Exhibit B
TESTING & INSPECTION SERVICES - SCHEDULE OF CHARGES
(EXAMPLE ONLY – Tables may be generated in word or Excel but shall be labeled appropriately
and include the columns as shown. ONLY INCLUDE ITEMS APPROPRIATE TO THE
CONTRACT as per the documents provided and the IBC – SEE SPECIFICATIONS AND
DRAWINGS FOR ACTUAL ITEMS)
Provide a Rate Schedule for all anticipated services as applicable to the provided drawings
and specifications. Schedules shall include all hourly rates listed on Table C2, and any other
charges that may be applicable to the services required. Costs will be used for monthly invoicing by
the consultant.
TABLE A: RATE SCHEDULE – LABOR
Hourly Rate
Employee Name Title
TABLE B: RATE SCHEDULE – OTHER EQUIPMENT & LABORATORY SERVICES
ITEM RATE
UNIT (Hourly,
Daily, etc.)
TABLE C2: TESTING & INSPECTION SERVICES FEE PROPOSAL
Construction Materials Testing & Inspections RFP – Exhibit B
180 Market Street
December 2019
2
QUANTITY UNIT UNIT PRICE TOTAL
1. SOIL OBSERVATIONS &
TESTING
1A
Excavation Observations and
Compaction Testing, Technician HR $ $
1B Engineer HR $ $
1C Sieve Analysis TEST $ $
SUBTOTAL 1 $
2. ASPHALT PAVING
2A Observations & Testing, Technician 10 HR $ $
2B Marshall Density 2 TEST $ $
2C Extracted Aggregate Gradation 2 TEST $ $
2D Bituminous Coring 4 Core $ $
SUBTOTAL 2 $
3. CAST-IN PLACE CONCRETE &
CONCRETE PAVING
3A
Concrete Observations & Testing -
verify formwork, steel
reinforcement, anchors, embedded
items, concrete placement,
protection and curing, concrete
strength, etc. 400 HR $ $
3B
Concrete Observations & Testing -
mix verification, slump, air, temp,
cylinder casting, concrete
placement, etc. 300 HR $ $
3C
Compressive Strength of Concrete
Cylinders - 5 Cylinders/Set 300 Sets $ $
3D Cylinder pick Up/Delivery 50 TRIP $ $
3E
Aggregate for Portland Cement -
Fine 1
TEST
$ $
3F
Aggregate for Portland Cement -
Coarse 1
TEST
$ $
SUBTOTAL 3 $
QUANTITY UNIT UNIT PRICE TOTAL
4. DRILLED PIERS
Construction Materials Testing & Inspections RFP – Exhibit B
180 Market Street
December 2019
3
4A
Observation and testing of drilled
piers, excavation, concrete, and steel
reinforcing. Concrete Observations &
Testing - mix verification, slump, air,
temp, cylinder casting, concrete
placement, etc. HR $ $
4B
Compressive Strength of Concrete
Cylinders - 5 Cylinders/Set Sets $ $
4C Cylinder pick Up/Delivery TRIP $ $
4D
Bearing Stratum Tests: take
undisturbed rock core samples for
moisture content, compression, and
density HR $ $
4E Pile Integrity Testing (PIT) piers TEST $ $
4F Engineer HR
SUBTOTAL 4 $
5. MASONRY
5A
Periodic Masonry On-Site
Observations, Inspections, Testing -
Preparation &
Placement, Cold Weather Practices,
Samples & Tests, Grouting,
Reinforcement, Verification of units,
anchors, etc. HR $ $
5B Mortar & Grout Representative Tests TEST $ $
SUBTOTAL 5 $
6. STEEL CONSTRUCTION
$
6A Inspections/Testing of Bolted
Connections
HR
$
6B Inspection/Testing of Welding HR $ $
6C
Inspection of Headed Shear Studs &
Mechanical Fasteners HR $ $
6D
Inspection of Steel Decking Welds &
Mechanical Fasteners HR $ $
SUBTOTAL 6 $
7. INTUMESCENT AND SPRAY
APPLIED
FIREPROOFING
$ 7A Inspections - Thickness, Temp, Etc HR $
7B Density Test TEST $ $
7C Cohesion/Adhesion Test TEST $ $
SUBTOTAL 7 $
Construction Materials Testing & Inspections RFP – Exhibit B
180 Market Street
December 2019
4
QUANTITY UNIT UNIT PRICE TOTAL
8. COLD-FORMED METAL
FRAMING
SUBTOTAL 8 $
9. METAL RAILINGS
9A Random testing and inspections HR $
SUBTOTAL 9 $
10. PENETRATION
FIRESTOPPING &
JOINT FIRESTOPPING
10A Inspections HR $
SUBTOTAL 10 $
11. INTERIOR & EXTERIOR
PAINTING
11A Paint - Dry Film Thickness testing HR $ $
SUBTOTAL 11 $
12. VEHICULAR TRAFFIC
COATING
12A Material sample testing TEST $ $
12B Thickness verification TEST
SUBTOTAL 12 $
13. FLOOR FLATNESS &
LEVELNESS
TESTING
13A Floor Flatness & Levelness TEST $ $
SUBTOTAL 13 $
14. MANAGEMENT &
REPORTING
14A Engineer HR $ $
14C Project Manager HR $ $
SUBTOTAL 14 $
15. OTHER
SUBTOTAL 15 $
TABLE C2 TOTAL ALL
TOTAL COMPENSATION ALL OF THE ABOVE:
Construction Materials Testing & Inspections RFP – Exhibit B
180 Market Street
December 2019
5
Consultant’s Fee shall include all materials and labor required to complete the work, including but
not limited to equipment, reproduction and other printing costs, data/telecommunications, travel
expenses, trip charges, mileage, meals, lodging, etc.
The consultant’s fee is a Not-to-Exceed Fee. The fee amount listed above will establish the initial
Not-to-Exceed contract amount. It is understood the actual number and type of tests performed will
vary with actual conditions. Consultant will invoice the City based on the Schedule of Charges.
END OF Exhibit B
IDTask Name Duration Start Finish7Contract331 daysFri 6/8/18Wed 9/25/1911Execute construction services agreement2 daysTue 9/24/19Wed 9/25/1912Notice to proceed ‐ construction0 daysWed 9/25/19Wed 9/25/1918Design & Estimating326 daysWed 6/13/18Mon 9/23/1944Revise GMP Proposal40 daysMon 7/29/19Mon 9/23/1948Descope bids & draft GMP proposal12 daysThu 8/29/19Mon 9/16/1949Review & finalize GMP proposal5 daysTue 9/17/19Mon 9/23/1913Permits68 daysThu 7/25/19Tue 10/29/1915State of Vermont64 daysFri 7/26/19Thu 10/24/1916City of South Burlington64 daysWed 7/31/19Tue 10/29/1950Procurement140 daysThu 9/26/19Tue 4/14/2051Award subcontracts10 daysThu 9/26/19Wed 10/9/1952Early Release of site structures 1 dayThu 9/26/19Thu 9/26/1953Submittal preparation & review60 daysThu 10/3/19Mon 12/30/1954Fabrication & deliver to jobsite120 daysThu 10/24/19Tue 4/14/2055Construction397 daysWed 10/30/19Fri 5/21/2156Mobilize 1 dayWed 10/30/19Wed 10/30/1957Site Work395 daysThu 10/31/19Thu 5/20/2158Phase 1 Allard Square Entrance & Power32 daysThu 10/31/19Tue 12/17/1959Stormwater management 2 daysThu 10/31/19Fri 11/1/1960Locate existing utilities 1 dayMon 11/4/19Mon 11/4/1961Site fence at school temp drive3 daysTue 11/5/19Thu 11/7/1962Clearing and grubbing 1 dayTue 11/5/19Tue 11/5/1963Create temp drive to access existing west school lot 10 daysWed 11/6/19Tue 11/19/1964Install transformer vault & conduits across AS drive2 daysWed 11/20/19Thu 11/21/1965Block retaining wall at West side of new temp drive3 daysFri 11/22/19Tue 11/26/1966Create West exit for Allard Square residents 5 daysFri 11/22/19Mon 12/2/1967Allard Square storm water connection ‐ temp line1 dayWed 11/27/19Wed 11/27/1968Install new temp fence for new Allard Square exit1 dayMon 12/2/19Mon 12/2/1969Open Allard Square driveway0 daysMon 12/2/19Mon 12/2/1970Install remainder of Phase 1 temp fence2 daysTue 12/3/19Wed 12/4/1971Create sheeting laydown pad4 daysTue 12/3/19Fri 12/6/1972Sheeting at Allard Square ramp7 daysMon 12/9/19Tue 12/17/1973Phase 2 East Lot & School Street46 daysFri 6/12/20Mon 8/17/2074Close East Lot1 dayFri 6/12/20Fri 6/12/2075Temp fence at East Lot & Playground3 daysFri 6/12/20Tue 6/16/2076Demo existing utilities / asphalt2 daysMon 6/15/20Tue 6/16/2077Stormwater ST1 ‐ ST3 and ST105 daysWed 6/17/20Tue 6/23/2078New storm system in East Lot8 daysWed 6/17/20Fri 6/26/2079Stormwater ST9.1 ‐ ST134 daysWed 6/24/20Mon 6/29/2080Stormwater ST16 ‐ ST209 daysTue 6/30/20Mon 7/13/20Contract9/24 Execute construction services agreement9/25 Notice to proceed ‐ constructionDesign & EstimatingRevise GMP Proposal8/29 Descope bids & draft GMP proposal9/17 Review & finalize GMP proposalPermitsState of VermontCity of South Burlington9/26 Procurement9/26 Award subcontracts9/26 Early Release of site structures 10/3 Submittal preparation & review10/24 Fabrication & deliver to jobsite10/30Construction10/30 Mobilize 10/31Site Work10/31 Phase 1 Allard Square Entrance & Power10/31 Stormwater management 11/4 Locate existing utilities 11/5 Site fence at school temp drive11/5 Clearing and grubbing 11/6 Create temp drive to access existing west school lot 11/20 Install transformer vault & conduits across AS drive11/22 Block retaining wall at West side of new temp drive11/22 Create West exit for Allard Square residents 11/27 Allard Square storm water connection ‐ temp line12/2 Install new temp fence for new Allard Square exit12/2 Open Allard Square driveway12/3 Install remainder of Phase 1 temp fence12/3 Create sheeting laydown pad12/9 Sheeting at Allard Square ramp6/12 Phase 2 East Lot & School Street6/12 Close East Lot6/12 Temp fence at East Lot & Playground6/15 Demo existing utilities / asphalt6/17 Stormwater ST1 ‐ ST3 and ST106/17 New storm system in East Lot6/24 Stormwater ST9.1 ‐ ST136/30 Stormwater ST16 ‐ ST20AugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 1
IDTask Name Duration Start Finish81Subbase East Lot & School Street12 daysTue 6/30/20Thu 7/16/2082Light pole bases & electrical4 daysFri 7/17/20Wed 7/22/2083Curbs / sidewalks School St & East Lot10 daysThu 7/23/20Wed 8/5/2084Pave East Lot & School St5 daysThu 8/6/20Wed 8/12/2085Line striping and markings2 daysThu 8/13/20Fri 8/14/2086Rework fence 1 dayMon 8/17/20Mon 8/17/2087Open East Lot0 daysMon 8/17/20Mon 8/17/2088Phase 3A West Lot Construction20 daysTue 8/18/20Tue 9/15/2089Temp fence at West Lot1 dayTue 8/18/20Tue 8/18/2090Demo existing 2 daysWed 8/19/20Thu 8/20/2091Stormwater ST13 ‐ ST384 daysFri 8/21/20Wed 8/26/2092Stormwater ST9.2 ‐ ST42 daysThu 8/27/20Fri 8/28/2093Regrade lot 3 daysMon 8/31/20Wed 9/2/2094Site electrical 1 dayThu 9/3/20Thu 9/3/2095Pave West Lot3 daysFri 9/4/20Wed 9/9/2096Line striping and markings1 dayThu 9/10/20Thu 9/10/2097Remove temp fences1 dayFri 9/11/20Fri 9/11/2098Open West Lot 2 daysMon 9/14/20Tue 9/15/2099Phase 3B Allard Square drive & lot construction25 daysWed 9/16/20Tue 10/20/20100Temp fence at Allard Drive1 dayWed 9/16/20Wed 9/16/20101Misc site demo2 daysThu 9/17/20Fri 9/18/20102Stormwater ST20 ‐ ST245 daysMon 9/21/20Fri 9/25/20103Divert Allard Square traffic to School St10 daysMon 9/28/20Fri 10/9/20104Grade Allard Sq Lot5 daysTue 9/29/20Mon 10/5/20105Site electrical 4 daysTue 10/6/20Fri 10/9/20106Curbs & final grade4 daysMon 10/12/20Thu 10/15/20107Pave Allard Sq Lot ‐ base only1 dayFri 10/16/20Fri 10/16/20108Line striping and markings1 dayMon 10/19/20Mon 10/19/20109New Signage 1 dayMon 10/19/20Mon 10/19/20110Remove fencing1 dayTue 10/20/20Tue 10/20/20111Open Allard Sq drive & lot0 daysTue 10/20/20Tue 10/20/20112Phase 4 SBLC Lot33 daysWed 10/21/20Tue 12/8/20113Stormwater structure ST68 daysWed 10/21/20Fri 10/30/20114Remaining stormwater structures5 daysMon 11/2/20Fri 11/6/20115Grade SBLC Lot6 daysMon 11/9/20Mon 11/16/20116Curbs7 daysTue 11/17/20Wed 11/25/20117Pave SBLC lot ‐ base only4 daysMon 11/30/20Thu 12/3/20118Sidewalks7 daysMon 11/30/20Tue 12/8/20119Winter staging area for ECI0 daysTue 12/8/20Tue 12/8/20120Site Improvements 34 daysMon 4/5/21Thu 5/20/21121Final sidewalks15 daysMon 4/5/21Fri 4/23/216/30 Subbase East Lot & School Street7/17 Light pole bases & electrical7/23 Curbs / sidewalks School St & East Lot8/6 Pave East Lot & School St8/13 Line striping and markings8/17 Rework fence 8/17 Open East Lot8/18 Phase 3A West Lot Construction8/18 Temp fence at West Lot8/19 Demo existing 8/21 Stormwater ST13 ‐ ST388/27 Stormwater ST9.2 ‐ ST48/31 Regrade lot 9/3 Site electrical 9/4 Pave West Lot9/10 Line striping and markings9/11 Remove temp fences9/14 Open West Lot 9/16 Phase 3B Allard Square drive & lot construction9/16 Temp fence at Allard Drive9/17 Misc site demo9/21 Stormwater ST20 ‐ ST249/28 Divert Allard Square traffic to School St9/29 Grade Allard Sq Lot10/6 Site electrical 10/12 Curbs & final grade10/16 Pave Allard Sq Lot ‐ base only10/19 Line striping and markings10/19 New Signage 10/20 Remove fencing10/20 Open Allard Sq drive & lot10/21 Phase 4 SBLC Lot10/21 Stormwater structure ST611/2 Remaining stormwater structures11/9 Grade SBLC Lot11/17 Curbs11/30 Pave SBLC lot ‐ base only11/30 Sidewalks12/8 Winter staging area for ECI4/5 Site Improvements 4/5 Final sidewalksAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 2
IDTask Name Duration Start Finish122Bike racks & shelter5 daysMon 4/19/21Fri 4/23/21123Pavers5 daysMon 4/26/21Fri 4/30/21124Landscaping , lawns, etc.6 daysMon 5/3/21Mon 5/10/21125Pave remaining ‐ top coat4 daysTue 5/11/21Fri 5/14/21126Line striping and markings2 daysMon 5/17/21Tue 5/18/21127Remove temp fences2 daysWed 5/19/21Thu 5/20/21128Foundation, structure & envelope308 daysWed 12/18/19Thu 3/4/21129Pile base prep 3 daysWed 12/18/19Fri 12/20/19130Install piles 17 daysMon 12/23/19Thu 1/16/20131Excavate /pour footings/walls Y1 thru D1 30 daysFri 1/17/20Thu 2/27/20132Excavate/pour footings/walls D1 Thru L7 18 daysFri 2/28/20Tue 3/24/20133Excavate/pour footings/walls Y1 thru E7.215 daysWed 3/25/20Tue 4/14/20134Lost Productivity for Winter Concrete Work12 daysWed 4/15/20Thu 4/30/20135Excavate/pour footings/walls L7 Thru F812 daysFri 5/1/20Mon 5/18/20136Excavate /pour footings/walls elevator pits 10 daysTue 5/19/20Tue 6/2/20137Excavate/pour interior footings 10 daysWed 6/3/20Tue 6/16/20139Elevator shaft construction 20 daysMon 6/8/20Mon 7/6/20138Excavate /pour footings and wall F8 E7.25 daysWed 6/17/20Tue 6/23/20140Structural Steel ‐ level 1 framing 7 daysTue 7/7/20Wed 7/15/20141Plumb / Brace level 1 steel 3 daysThu 7/16/20Mon 7/20/20142Structural Steel ‐ level 1 steel deck 5 daysTue 7/21/20Mon 7/27/20143Shear studs level 12 daysTue 7/28/20Wed 7/29/20144Structural Steel ‐ level 2 framing 6 daysTue 7/28/20Tue 8/4/20145Plumb / Brace Level 2 steel 2 daysWed 8/5/20Thu 8/6/20146Structural Steel ‐ level 2 steel deck 3 daysFri 8/7/20Tue 8/11/20147Shear studs level 22 daysWed 8/12/20Thu 8/13/20148Structural Steel ‐ level 3 framing 6 daysWed 8/12/20Wed 8/19/20149Plumb / Brace level 3 steel 2 daysThu 8/20/20Fri 8/21/20150Structural Steel ‐ level 3 steel deck 3 daysMon 8/24/20Wed 8/26/20156Underslab utilities 15 daysMon 8/24/20Mon 9/14/20151Shear studs level 33 daysThu 8/27/20Mon 8/31/20152Structural Steel ‐ roof framing 8 daysThu 8/27/20Tue 9/8/20153Plumb / Brace roof steel 3 daysWed 9/9/20Fri 9/11/20154Structural steel ‐ roof deck 5 daysMon 9/14/20Fri 9/18/20157Slab on grade Part 110 daysTue 9/15/20Mon 9/28/20155Roof canopy steel5 daysMon 9/21/20Fri 9/25/20165Roof insulation and membrane 35 daysMon 9/21/20Fri 11/6/20166Exterior framing North Elevation 20 daysMon 9/21/20Fri 10/16/20158Slab on grade part 210 daysTue 9/29/20Mon 10/12/20159Slab on deck level 115 daysTue 10/13/20Mon 11/2/20167Exterior framing West Elevation 10 daysMon 10/19/20Fri 10/30/204/19 Bike racks & shelter4/26 Pavers5/3 Landscaping , lawns, etc.5/11 Pave remaining ‐ top coa5/17 Line striping and markin5/19 Remove temp fences12/18Foundation, structure & envelope12/18 Pile base prep 12/23 Install piles 1/17 Excavate /pour footings/walls Y1 thru D1 2/28 Excavate/pour footings/walls D1 Thru L7 3/25 Excavate/pour footings/walls Y1 thru E7.24/15 Lost Productivity for Winter Concrete Work5/1 Excavate/pour footings/walls L7 Thru F85/19 Excavate /pour footings/walls elevator pits 6/3 Excavate/pour interior footings 6/8 Elevator shaft construction 6/17 Excavate /pour footings and wall F8 E7.27/7 Structural Steel ‐ level 1 framing 7/16 Plumb / Brace level 1 steel 7/21 Structural Steel ‐ level 1 steel deck 7/28 Shear studs level 17/28 Structural Steel ‐ level 2 framing 8/5 Plumb / Brace Level 2 steel 8/7 Structural Steel ‐ level 2 steel deck 8/12 Shear studs level 28/12 Structural Steel ‐ level 3 framing 8/20 Plumb / Brace level 3 steel 8/24 Structural Steel ‐ level 3 steel deck 8/24 Underslab utilities 8/27 Shear studs level 38/27 Structural Steel ‐ roof framing 9/9 Plumb / Brace roof steel 9/14 Structural steel ‐ roof deck 9/15 Slab on grade Part 19/21 Roof canopy steel9/21 Roof insulation and membrane 9/21 Exterior framing North Elevation 9/29 Slab on grade part 210/13 Slab on deck level 110/19 Exterior framing West Elevation AugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 3
IDTask Name Duration Start Finish170Wall systems North Elevation 30 daysMon 10/19/20Tue 12/1/20168Exterior framing South Elevation 20 daysMon 11/2/20Tue 12/1/20171Wall system West Elevation 25 daysMon 11/2/20Tue 12/8/20161Slab on deck level 25 daysTue 11/3/20Mon 11/9/20160Fireproofing Level 110 daysTue 11/10/20Mon 11/23/20163Slab on deck level 3 5 daysTue 11/10/20Mon 11/16/20162Fireproofing Level 210 daysTue 11/17/20Wed 12/2/20164Fireproofing Level 310 daysTue 11/17/20Wed 12/2/20169Exterior framing East Elevation 10 daysWed 12/2/20Tue 12/15/20172Wall system South Elevation 30 daysWed 12/2/20Thu 1/14/21174Curtain wall / Storefront North Elevation 15 daysWed 12/2/20Tue 12/22/20173Wall system East Elevation 25 daysWed 12/16/20Thu 1/21/21175Curtain wall / Storefront West Elevation 5 daysWed 12/23/20Wed 12/30/20176Curtain wall / Storefront South Elevation 30 daysThu 12/31/20Thu 2/11/21177Curtain wall / Storefront East Elevation 15 daysFri 2/12/21Thu 3/4/21178First Floor 112 daysTue 11/3/20Tue 4/13/21179Interior wall control layout3 daysTue 11/3/20Thu 11/5/20180Interior wall and ceiling framing15 daysTue 11/24/20Wed 12/16/20181Set door frames5 daysTue 11/24/20Wed 12/2/20182Plumbing in wall rough in15 daysThu 12/3/20Wed 12/23/20183Plumbing overhead rough in15 daysThu 12/3/20Wed 12/23/20184Sprinkler rough in15 daysThu 12/3/20Wed 12/23/20185Mechanical piping rough in15 daysThu 12/3/20Wed 12/23/20186Duct work rough in15 daysThu 12/3/20Wed 12/23/20187Controls rough in15 daysThu 12/3/20Wed 12/23/20188Electrical in wall rough in15 daysThu 12/3/20Wed 12/23/20189Electrical overhead rough in15 daysThu 12/3/20Wed 12/23/20190MEP Inspections 1 dayThu 12/24/20Thu 12/24/20191Hang drywall10 daysMon 12/28/20Mon 1/11/21192Tape drywall8 daysTue 1/5/21Thu 1/14/21193Prime paint10 daysTue 1/12/21Mon 1/25/21194Acoustical ceiling grid and perimeter cuts20 daysTue 1/19/21Mon 2/15/21195Sprinkler head drops through ceiling5 daysTue 2/2/21Mon 2/8/21196R,G,D's5 daysTue 2/2/21Mon 2/8/21197Lights5 daysTue 2/2/21Mon 2/8/21198Above ceiling inspections1 dayTue 2/9/21Tue 2/9/21199Flood ceilings5 daysWed 2/10/21Tue 2/16/21200Finish paint10 daysWed 2/17/21Tue 3/2/21203Equipment 5 daysWed 2/17/21Tue 2/23/21201Millwork 15 daysWed 2/24/21Tue 3/16/21202Plumbing fixtures3 daysWed 3/3/21Fri 3/5/2110/19 Wall systems North Elevation 11/2 Exterior framing South Elevation 11/2 Wall system West Elevation 11/3 Slab on deck level 211/10 Fireproofing Level 111/10 Slab on deck level 3 11/17 Fireproofing Level 211/17 Fireproofing Level 312/2 Exterior framing East Elevation 12/2 Wall system South Elevation 12/2 Curtain wall / Storefront North Elevation 12/16 Wall system East Elevation 12/23 Curtain wall / Storefront West Elevation 12/31 Curtain wall / Storefront South Elevation 2/12 Curtain wall / Storefront East Elevatio11/3 First Floor 11/3 Interior wall control layout11/24 Interior wall and ceiling framing11/24 Set door frames12/3 Plumbing in wall rough in12/3 Plumbing overhead rough in12/3 Sprinkler rough in12/3 Mechanical piping rough in12/3 Duct work rough in12/3 Controls rough in12/3 Electrical in wall rough in12/3 Electrical overhead rough in12/24 MEP Inspections 12/28 Hang drywall1/5 Tape drywall1/12 Prime paint1/19 Acoustical ceiling grid and perimeter cuts2/2 Sprinkler head drops through ceiling2/2 R,G,D's2/2 Lights2/9 Above ceiling inspections2/10 Flood ceilings2/17 Finish paint2/17 Equipment 2/24 Millwork 3/3 Plumbing fixturesAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 4
IDTask Name Duration Start Finish204Doors and hardware5 daysWed 3/3/21Tue 3/9/21205Whiteboards2 daysWed 3/3/21Thu 3/4/21206Resilient flooring3 daysWed 3/3/21Fri 3/5/21207Carpeting and wall base10 daysWed 3/3/21Tue 3/16/21208Library stacks and racks 10 daysWed 3/17/21Tue 3/30/21209Final Touch‐up Paint 3 daysWed 3/31/21Fri 4/2/21210Final clean2 daysMon 4/5/21Tue 4/6/21211Punch list5 daysWed 4/7/21Tue 4/13/21212Zone complete0 daysTue 4/13/21Tue 4/13/21213Second Floor 117 daysTue 11/10/20Tue 4/27/21214Interior wall control layout3 daysTue 11/10/20Thu 11/12/20215Interior wall and ceiling framing20 daysThu 12/3/20Thu 12/31/20216Set door frames5 daysThu 12/3/20Wed 12/9/20217Plumbing in wall rough in20 daysThu 12/10/20Fri 1/8/21218Plumbing overhead rough in20 daysThu 12/10/20Fri 1/8/21219Sprinkler rough in20 daysThu 12/10/20Fri 1/8/21220Mechanical piping rough in20 daysThu 12/10/20Fri 1/8/21221Duct work rough in20 daysThu 12/10/20Fri 1/8/21222Controls rough in20 daysThu 12/10/20Fri 1/8/21223Electrical in wall rough in10 daysThu 12/10/20Wed 12/23/20224Electrical overhead rough in20 daysThu 12/10/20Fri 1/8/21225MEP Inspections 1 dayMon 1/11/21Mon 1/11/21226Hang drywall15 daysTue 1/12/21Mon 2/1/21227Tape drywall8 daysTue 1/19/21Thu 1/28/21228Prime paint10 daysTue 1/26/21Mon 2/8/21229Acoustical ceiling grid and perimeter cuts20 daysTue 2/9/21Mon 3/8/21230Sprinkler head drops through ceiling5 daysTue 2/16/21Mon 2/22/21231R,G,D's5 daysTue 2/16/21Mon 2/22/21232Lights5 daysTue 2/16/21Mon 2/22/21233Above ceiling inspections1 dayTue 2/23/21Tue 2/23/21234Flood ceilings5 daysWed 2/24/21Tue 3/2/21235Finish paint10 daysWed 3/3/21Tue 3/16/21236Millwork 20 daysWed 3/10/21Tue 4/6/21238Equipment 5 daysWed 3/17/21Tue 3/23/21239Doors and hardware5 daysWed 3/17/21Tue 3/23/21240Whiteboards2 daysWed 3/17/21Thu 3/18/21241Resilient flooring5 daysWed 3/17/21Tue 3/23/21242Carpeting and wall base10 daysWed 3/17/21Tue 3/30/21243Library stacks and racks 10 daysWed 3/31/21Tue 4/13/21237Plumbing fixtures3 daysWed 4/7/21Fri 4/9/21244Final Touch‐up Paint 3 daysWed 4/14/21Fri 4/16/213/3 Doors and hardware3/3 Whiteboards3/3 Resilient flooring3/3 Carpeting and wall base3/17 Library stacks and racks 3/31 Final Touch‐up Paint 4/5 Final clean4/7 Punch list4/13 Zone complete11/10 Second Floor 11/10 Interior wall control layout12/3 Interior wall and ceiling framing12/3 Set door frames12/10 Plumbing in wall rough in12/10 Plumbing overhead rough in12/10 Sprinkler rough in12/10 Mechanical piping rough in12/10 Duct work rough in12/10 Controls rough in12/10 Electrical in wall rough in12/10 Electrical overhead rough in1/11 MEP Inspections 1/12 Hang drywall1/19 Tape drywall1/26 Prime paint2/9 Acoustical ceiling grid and perimeter 2/16 Sprinkler head drops through ceiling2/16 R,G,D's2/16 Lights2/23 Above ceiling inspections2/24 Flood ceilings3/3 Finish paint3/10 Millwork 3/17 Equipment 3/17 Doors and hardware3/17 Whiteboards3/17 Resilient flooring3/17 Carpeting and wall base3/31 Library stacks and racks 4/7 Plumbing fixtures4/14 Final Touch‐up Paint AugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 5
IDTask Name Duration Start Finish245Final clean2 daysMon 4/19/21Tue 4/20/21246Punch list5 daysWed 4/21/21Tue 4/27/21247Zone complete0 daysTue 4/27/21Tue 4/27/21248Third Floor 88 daysThu 12/3/20Wed 4/7/21249Interior wall control layout3 daysThu 12/3/20Mon 12/7/20250Interior wall and ceiling framing15 daysTue 12/8/20Tue 12/29/20251Set door frames3 daysTue 12/15/20Thu 12/17/20252Plumbing in wall rough in15 daysTue 12/15/20Wed 1/6/21253Plumbing overhead rough in15 daysTue 12/15/20Wed 1/6/21254Sprinkler rough in15 daysTue 12/15/20Wed 1/6/21255Mechanical piping rough in15 daysTue 12/15/20Wed 1/6/21256Duct work rough in15 daysTue 12/15/20Wed 1/6/21257Controls rough in15 daysTue 12/15/20Wed 1/6/21258Electrical in wall rough in15 daysTue 12/15/20Wed 1/6/21259Electrical overhead rough in15 daysTue 12/15/20Wed 1/6/21260MEP Inspections 1 dayThu 1/7/21Thu 1/7/21261Hang drywall10 daysFri 1/8/21Thu 1/21/21262Tape drywall8 daysFri 1/15/21Tue 1/26/21263Prime paint10 daysFri 1/22/21Thu 2/4/21264Acoustical ceiling grid and perimeter cuts8 daysFri 2/5/21Tue 2/16/21265Sprinkler head drops through ceiling5 daysWed 2/17/21Tue 2/23/21266R,G,D's5 daysWed 2/17/21Tue 2/23/21267Lights5 daysWed 2/17/21Tue 2/23/21268Above ceiling inspections1 dayWed 2/24/21Wed 2/24/21269Flood ceilings5 daysThu 2/25/21Wed 3/3/21270Finish paint10 daysThu 3/4/21Wed 3/17/21271Millwork 20 daysThu 3/11/21Wed 4/7/21272Equipment 5 daysThu 3/18/21Wed 3/24/21273Doors and hardware10 daysThu 3/18/21Wed 3/31/21274Whiteboards2 daysThu 3/18/21Fri 3/19/21275Resilient flooring5 daysThu 3/18/21Wed 3/24/21276Carpeting and wall base10 daysThu 3/18/21Wed 3/31/21277Plumbing fixtures3 daysThu 3/25/21Mon 3/29/21279Final clean2 daysTue 3/30/21Wed 3/31/21278Final Touch‐up Paint 3 daysThu 4/1/21Mon 4/5/21280Punch list5 daysThu 4/1/21Wed 4/7/21281Zone complete0 daysWed 4/7/21Wed 4/7/21282Mechanical Room 70 daysThu 12/24/20Fri 4/2/21283Plumbing rough in40 daysThu 12/24/20Fri 2/19/21284Sprinkler rough in40 daysThu 12/24/20Fri 2/19/21285Mechanical piping rough in40 daysThu 12/24/20Fri 2/19/214/19 Final clean4/21 Punch list4/27 Zone complete12/3 Third Floor 12/3 Interior wall control layout12/8 Interior wall and ceiling framing12/15 Set door frames12/15 Plumbing in wall rough in12/15 Plumbing overhead rough in12/15 Sprinkler rough in12/15 Mechanical piping rough in12/15 Duct work rough in12/15 Controls rough in12/15 Electrical in wall rough in12/15 Electrical overhead rough in1/7 MEP Inspections 1/8 Hang drywall1/15 Tape drywall1/22 Prime paint2/5 Acoustical ceiling grid and perimeter cut2/17 Sprinkler head drops through ceiling2/17 R,G,D's2/17 Lights2/24 Above ceiling inspections2/25 Flood ceilings3/4 Finish paint3/11 Millwork 3/18 Equipment 3/18 Doors and hardware3/18 Whiteboards3/18 Resilient flooring3/18 Carpeting and wall base3/25 Plumbing fixtures3/30 Final clean4/1 Final Touch‐up Paint 4/1 Punch list4/7 Zone complete12/24 Mechanical Room 12/24 Plumbing rough in12/24 Sprinkler rough in12/24 Mechanical piping rough inAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 6
IDTask Name Duration Start Finish286Duct work rough in40 daysThu 12/24/20Fri 2/19/21287Controls rough in40 daysThu 12/24/20Fri 2/19/21288Electrical rough in40 daysThu 12/24/20Fri 2/19/21289Set mechanical equipment 10 daysMon 2/22/21Fri 3/5/21290Final connections 10 daysMon 2/22/21Fri 3/5/21291MEP start up and pre‐functional check out20 daysMon 3/8/21Fri 4/2/21292Zone complete0 daysFri 4/2/21Fri 4/2/21293Turnover33 daysWed 4/7/21Fri 5/21/21294Test, adjust and balance15 daysWed 4/7/21Tue 4/27/21295Final commissioning7 daysWed 4/28/21Thu 5/6/21296Final inspections1 dayFri 5/21/21Fri 5/21/21297Certificate of occupancy0 daysFri 5/21/21Fri 5/21/21298Substantial Completion 0 daysFri 5/21/21Fri 5/21/2112/24 Duct work rough in12/24 Controls rough in12/24 Electrical rough in2/22 Set mechanical equipment 2/22 Final connections 3/8 MEP start up and pre‐functional 4/2 Zone complete4/7 Turnover4/7 Test, adjust and balance4/28 Final commissioning5/21 Final inspections5/21 Certificate of occupanc5/21 Substantial CompletionAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep20202021SoBu Spaces 2020: Library + Senior Center + City HallCity of South Burlington, VermontFri 9/13/19GMP2019 0912 GMP Schedule SBLC 18‐7201 Page 7
1.
CITY OF SOUTH BURLINGTON AGREEMENT FOR
180 MARKET STREET INSPECTION AND TESTING SERVICES
WITH _______________________________________
THIS AGREEMENT (“Agreement”) is made this __ day of ___, ____, by and between the City
of South Burlington, a Vermont municipality located in the County of Chittenden and State of
Vermont (“City”), and _______________________., a ______________________ with a
principal place of business located at _______________________________ (hereinafter “the
Consultant”).
WHEREAS, the City requires the services of a qualified testing and inspection agency to provide
services for the construction of 180 Market Street (“Project”); and
WHEREAS, Consultant represents that Consultant has the expertise and is qualified to perform
the services required by the City; and
WHEREAS, the City Council has authorized the City Manager to enter into an agreement with
Consultant for the purpose of providing the services described in Exhibit A and B; and
WHEREAS, the CONSULTANT is ready, willing, and able to perform the required services.
NOW THEREFORE, in consideration of these premises and the mutual covenants herein set
forth, it is agreed by the parties hereto, as follows:
1.Services Provided by Consultant. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in Exhibit A and B
(______________________), incorporated herein by reference for the Project. Subject to the terms
and conditions set forth in this Agreement, Consultant shall provide said services at the time, place
and in the manner described in Exhibits A and B. In the case of any inconsistency between this
document and Exhibits A and B, this document shall control.
2.Standard of Performance. Consultant shall perform all services required under this
Agreement according to the standards currently observed by a competent practitioner of
Consultant’s profession. All products of whatever nature that Consultant delivers to City pursuant
to this Agreement shall be prepared in a professional manner and conform to the standards of
quality normally observed by a competent person currently practicing in Consultant’s profession
and such products shall be provided in accordance with the Project Schedules specified in
Exhibit A.
3.Conflicts of Interest. While this Agreement is in force and effect, the Consultant,
including any of its employees, agents, and sub-consultants, shall accept no services nor perform
any services that would constitute a conflict of interest for or with the City. Consultant shall
immediately notify the City whenever the Consultant, including any of its employees, agents, and
2.
its sub-consultants, discovers a situation which may constitute or appear to constitute such a
conflict of interest for or with the City.
Except with the approval of the City, during the life of the Agreement, the Consultant shall not
employ personnel on the payroll of the City who are directly involved with the awarding,
administration, monitoring, or performance of the Agreement or any portion of the Project that is
the subject of the Agreement or any person so involved within one (1) year of termination of
employment with the City.
The Consultant warrants that no company or person has been employed or retained, other than a
bona fide employee working solely for the Consultant, to solicit the City or secure this Agreement,
and that no company or person has been paid or has an agreement with the Consultant to be paid,
other than a bona fide employee working solely for the Consultant, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
City’s award or making of the Agreement. For breach or violation of this warranty, the City shall
have the right to annul the Agreement, without liability to the City, and to regain all costs incurred
by the City in the performance of the Agreement.
4.Additions or Deletions. The City may, upon written notice, and without invalidating the
Agreement, require changes to, additions to, or deletions from Exhibit A prior to completion of
this Agreement by means of an amendment. Subject to the terms and conditions set forth in this
Agreement, any amendments of this nature shall be executed under the appropriate fee established
in Exhibit A, based on the adjusted quantity or type of tasks or services required, except that any
claim for extensions of time caused thereby shall be made prior to the time such amendment is
made. The City reserves the right to audit the records of the Consultant related to any adjustments
to the quantity or type of tasks or services required.
Any such adjusted tasks or services shall be subject, in all other respects, to the terms and
conditions of this Agreement. When any such adjustments are so ordered, no additional tasks or
services shall be provided by the Consultant until a written amendment has been fully executed,
unless otherwise agreed to by the City in writing.
Consultant shall not be compensated for services outside the scope of Exhibit A unless prior to the
commencement of such services: (a) Consultant specifically identifies the services that it believes
are outside the scope of Exhibit A and notifies City in writing regarding the same, and City agrees
that such services are outside the scope of Exhibit A; (b) Consultant estimates the additional
compensation required for these additional services; and (c) City, after receiving notice from
Consultant, approves in writing a Supplemental Agreement specifying the additional services and
amount of compensation therefor. City shall have no obligations whatsoever under this Agreement
3.
or any Supplemental Agreement unless and until this Agreement or any Supplemental Agreement
is approved by the City in accordance with Paragraph 4 of this Agreement.
5.Inspection of Work. The City shall, at all times, have access to the plans, studies, data
sheets, surveys, survey notes, subsoil information, drawings, tracings, estimates, specifications,
proposals, diagrams, calculations, electronic data media (“EDM”) and other materials prepared or
collected by the Consultant or any sub-consultants pursuant to this Agreement, hereafter referred
to as "Instruments of Professional Service", for the purposes of inspection, accounting, and
auditing. Consultant and any sub-consultant shall provide whatever access the City deems
necessary to accomplish any such inspection, accounting or auditing.
6.Ownership of Work. The Consultant agrees that the ownership of all Instruments of
Professional Service shall become the property of the City as they are prepared or developed or
collected pursuant to this Agreement. The Consultant agrees that neither Consultant nor any sub-
consultant shall disclose any Instruments of Professional Service, or discuss the same with anyone,
without the prior written authorization of the City provided, however that the Consultant is
authorized to disclose, where relevant, any such materials to its sub-consultants and vice versa.
The Consultant and any sub-consultant shall surrender to the City upon demand at any time any
Instruments of Professional Service that have been prepared or developed or collected by the
Consultant pursuant to this Agreement. Upon completion of the work, in full, these Instruments
of Professional Service will be appropriately endorsed by the Consultant or appropriate sub-
consultant and surrendered to the City. Data and intellectual property rights to any Instruments of
Professional Service prepared or developed or collected pursuant to this Agreement are reserved
to the City and shall not be copyrighted by the Consultant or any sub-consultant at any time without
written approval of the City. No publications or publicity of the services provided to the City, in
part or in total, shall be made without the written approval of the City.
7.Design Standards. Unless otherwise specifically provided for in this Agreement, or as
directed by the City in writing, any Consultant or sub-consultant services, studies or designs, that
include or make reference to plans, specifications, special provisions, computations, estimates, or
other data necessary for any part of the Project, shall be in conformance with all applicable
specifications, guidelines, manuals, codes, statutes, rules or regulations, and any supplements,
amendments or revisions thereof, including, but not limited to the following:
a)The International Building Code
b)Vermont Agency of Transportation (“VTRANs”) standards, specifications, policies,
guides, and manuals;
c)Transportation Research Board (“TRB”) Highway Capacity Manual.
d)American Association of State Highway and Transportation Officials (“AASHTO”)
roadway, traffic, bridge bicycle and pedestrian policies, guides, and manuals.
4.
e)AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaries
and Traffic Signals.
f)The ANSI/AASHTO/AWS D-1.5, Bridge Welding code.
g)Federal Highway Administration (“FHA”) Manual on Uniform Traffic Control Devices
(“MUTCD”) and any Vermont supplemental requirements.
h)Americans with Disabilities Act Standards for Accessible Design.
i)19 V.S.A. § 309d relating to the implementation of “complete street” principles for
municipal transportation projects.
j)Other City of South Burlington codes, standards, regulations, plans, directives and
guidelines current at the time of the Agreement and as adopted or amended by the City
during the term of this Agreement.
k)Any standards referred to in the Project Documents
In the case of any conflict between or within any applicable specifications, guidelines, manuals,
codes, rules or regulations, the Consultant shall identify the conflict and notify the City and follow
any course of direction provided by the City.
8.Written Deliverables. Written deliverables provided to the City shall be on 8 1/2" by 11”
paper, consecutively printed on both sides, unless the material merits a larger size. Reports shall
be bound and have a title page that identifies the Project and publication date. Reports shall have
a table of contents and each page shall be numbered successively. Draft reports shall be identified
as such on all pages. Material that is confidential shall be clearly marked “CONFIDENTIAL” on
all pages. Draft documents shall be in portable document format (.pdf) unless otherwise specified
by the City. Final original documents shall be as specified in Exhibit A.
9.Electronic Data Media. Consultant shall insure that all data and information created or
stored on electronic data media (“EDM”) is secure and can be duplicated if the EDM mechanism
is subjected to power outage or damage.
10.Term. The services to be performed by the Consultant and sub-consultants under this
Agreement shall commence within five (5) days after being notified to proceed by the City Project
Manager and shall be completed by July 22, 2021 or upon completion of the Project, whichever
shall occur first, unless this Agreement is extended or is sooner terminated. Upon completion of
all the services required under the Agreement and payment of the agreed upon fee, the Agreement
with its mutual obligations shall be terminated.
11.Phasing. Omitted.
12.Completion of Tasks. Consultant, including any sub-consultant, shall complete all tasks
required under this Agreement in accordance with the Project Schedules specified in Exhibit A.
No charges or claims for damages shall be made by the Consultant or any sub-consultant for delays
5.
or hindrances, regardless of the cause, during the provision of any services pursuant to this
Agreement.
During the term of the Agreement, the Consultant will make monthly progress reports indicating
the tasks completed through the date of the report. The Consultant shall link the monthly progress
reports to the Project Schedules specified in Exhibit A. The report shall indicate any matters that
have or are anticipated to adversely affect the completion of tasks in accordance with the Project
Schedules specified in Exhibit A. The City reserves the right to require that Consultant prepare
revised Project Schedules in the event that a specific task is not completed as scheduled. Time
extensions by the City must be in writing, and will only be granted for reasonably excusable delays
beyond the control of the Consultant and without any fault or negligence on the part of the
Consultant.
13.Reviews and Acceptances. All Instruments of Professional Service, and other documents
or materials prepared or collected by the Consultant or any sub-consultants pursuant to this
Agreement, shall be subject to review and formal written approval by the City. The Consultants
shall promptly respond to all City inquiries and comments regarding the Project. Formal written
approval by the City shall not relieve the Consultant of its professional obligation to identify and
timely correct any defects or errors in its work at its own expense.
14.City’s Option to Terminate. This Agreement may be terminated by the City at any time
in accordance with the following provisions:
a) Termination for Cause. If, through any cause, the Consultant shall fail to fulfill any
obligations under this Agreement, or if the Consultant shall breach any of the terms of this
Agreement, the City shall have the right to terminate the Agreement by giving twenty (20)
days’ written notice to the Consultant. Termination for cause will be made without further
compensation to Consultant.
b) Termination for Convenience. In addition, the City may terminate this Agreement for
its convenience at any time by giving twenty (20) days’ written notice to the Consultant.
In such case, the Consultant shall be entitled to receive full compensation for all services
performed hereunder prior to the date of termination in accordance with the Fee Schedules
specified in Exhibit A. Such compensation shall be the sole and exclusive remedy of the
Consultant for termination of this Agreement by the City and the Consultant shall not be
entitled to claims for lost profits or any other damages or expenses.
15.Suspension. The City may suspend, for a period not exceeding four years, in whole or in
part, any of the Consultant's obligations under this Agreement if, in the City's sole determination,
any condition arises which interferes, or threatens to interfere, with (a) the successful
6.
accomplishment of the Project or a related project, or (b) the accomplishment of the purpose this
Agreement, or (c) the performance by either party of its obligations under this Agreement.
Such conditions shall include, but shall not be limited to, any delay in funding for the Project; any
delay in any permitting or other governmental approval required for the Project; acts of God, acts
of war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel or power; changes
in governmental laws, regulations, rule makings, permits, approvals or requirements; court orders,
actions or injunctions; and/or any other conditions which may affect the Project.
The City also reserves the right to suspend the Agreement upon completion and acceptance of the
Conceptual Plan identified in Phase A, for a period not to exceed four years.
16.Personnel and Sub-consultants. Consultant shall assign only competent and qualified
personnel and sub-consultants to perform the services required under this Agreement. Prior to any
such performance, Consultant shall notify City in writing of any changes to the approved personnel
or sub-consultants identified in Exhibit ____, incorporated herein by reference. The City shall
have the right to approve or disapprove of the Consultant’s personnel or sub-consultants assigned
by Consultant to perform services under this Agreement and, at any time during the term of this
Agreement, to require removal by Consultant of any such personnel or sub-consultant on the
grounds of misconduct, negligence, or failure or refusal to perform in accordance with the standard
required under Paragraph 2 (“Standard of Performance”). In the event that City, at any time
during the term of this Agreement, desires the removal of any such personnel or sub-contractor,
Consultant shall remove such person immediately upon written notice from City requiring the
removal of such person.
17.Relationship to the City. The Consultant shall act as an independent contractor and not as
an employee of the City. The Consultant shall have responsibility for general supervision of
Consultant’s employees and its sub-consultants and shall be solely responsible for all procedures,
methods of analysis, interpretation, conclusions and contents of work performed under this
Agreement. The Consultant shall be responsible for all costs and expenses incurred relative to the
Consultant, employees of the Consultant, and sub-consultants, in connection with this Agreement,
including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes,
withholding taxes and other taxes or levies, office overhead expenses, travel expenses, telephone
and other telecommunication expenses, and document reproduction expenses.
Furthermore, except as the City may otherwise specify in writing, Consultant and Consultant’s
personnel and sub-consultants, shall have NO AUTHORITY, express or implied, to act on behalf
of the City in any capacity whatsoever as agent. Consultant and Consultant’s personnel and sub-
consultants shall have NO AUTHORITY, express or implied, to bind the City to any obligations
whatsoever.
7.
18.Equipment and Facilities. Consultant shall, at its own cost and expense, furnish all
equipment and facilities, with the exception of the field office which is to be provided by the
Construction Contractor, that may be required in providing services pursuant to this Agreement.
19.Record Keeping. The Consultant agrees to maintain complete and accurate records, in a
form satisfactory to the City, for all time expended by Consultant or any sub-consultant in
providing services to the City pursuant to this Agreement. The Consultant shall maintain all
financial statements, reports, documents, payrolls, papers, accounting records and other evidence
pertaining to costs and/or expenses incurred in providing such services in accordance with
Generally Accepted Accounting Principles or similarly recognized, accepted accounting
standards. These records shall be available to the City or its authorized designee at reasonable
times during the term of this Agreement and shall be maintained for five (five) ten (10) years
following the completion or termination of this Agreement.
20.Insurance. The Consultant shall procure and maintain insurance against claims for injuries
to persons or damage to property which may arise from or in connection with performance of the
services under this Agreement by the Consultant, its agents, representatives, employees, or sub-
consultants.
A. Coverage Limits. At a minimum, Consultant shall acquire and maintain the following types of
insurance coverage in the amounts indicated:
1.Commercial General Liability (CGL) Insurance on an “occurrence” basis, including, but
not limited to, products and completed operations, property damage, bodily injury and death,
and personal and advertising injury with limits of no less than $2,000,000 per occurrence. If a
general aggregate limit applies, the general aggregate limit shall $4,000,000.
2.Automobile Liability Insurance with limits of no less than $1,000,000 Combined Single
Limit for each occurrence.
3.Workers’ Compensation Insurance as required by the State of Vermont with Statutory
Limits, and Employer’s Liability Insurance with limits of no less than $500,000 per accident for
bodily injury or disease.
4.Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s
profession, with limits of no less than $1,000,000 per occurrence or claim and $2,000,000
general aggregate.
8.
5.Valuable Papers Insurance in a form and amount sufficient to ensure the restoration or
replacement of any plans, studies, data sheets, surveys, survey notes, subsoil information,
drawings, tracings, estimates, specifications, proposals, diagrams, calculations, electronic data
media (“EDM”) and other materials relating to the Project, whether supplied by the City or
developed by the Consultant, or any sub-consultant, employee or agent of Consultant, in the
event of loss, impairment or destruction of such documents and materials. Such coverage shall
remain in force until the final plans, and all related materials, have been delivered by the
Consultant to, and accepted by, the City. The policy shall provide coverage on an each
occurrence basis with limits not less than $25,000 $50,000 for Valuable Papers and $100,000 for
Electronic Data Media.
The Consultant may achieve the required limits and coverage for Commercial General Liability
and Automobile Liability through a combination of primary and excess or umbrella liability
insurance, provided such primary and excess or umbrella insurance policies result in the same or
greater coverage as the coverages required for Commercial General Liability and Automobile
Liability identified above, and in no event shall any excess or umbrella liability insurance provide
narrower coverage than the primary policy. The excess policy shall not require the exhaustion of
the underlying limits only through the actual payment by the underlying insurers.
If the Consultant maintains higher limits than the minimums shown above, the City requires and
shall be entitled to coverage for the higher limits maintained. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available to City.
B. Endorsements. The insurance policies required under this Agreement are to contain, or be
endorsed to contain, the following provisions:
1.Additional Insured Status. The City, its officers, officials, employees and volunteers are
to be covered as additional insureds on the CGL policy with respect to any liability arising out
of work or operations by or on behalf of the Consultant its agents, representatives, employees,
or sub-consultants including materials, parts, or equipment furnished in connection with such
work or operations.
2.Primary Coverage. For any claims related to this Agreement, the Consultant’s coverage
shall be the primary insurance in respect to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the City shall be excess of the
Consultant’s insurance and shall not contribute with Consultant’s insurance.
C.Notice of Cancellation. Each insurance policy required above shall provide that coverage shall
not be canceled, except with thirty (30) days’ notice to the City.
D.Waiver of Subrogation. The Consultant hereby grants to the City a waiver of any right to
subrogation which any insurer of the Consultant may acquire against the City by virtue of the
9.
payment of any loss under such insurance. This provision applies regardless of whether or not the
City has received a waiver of subrogation endorsement from the insurer.
E.Acceptability of Insurers. Any insurance required by this Agreement is to be placed with
insurers with a current A.M. Best’s rating of no less than A-VII.
F.Deductibles and Self-Insurance Retentions. Any deductibles or self-insurance retentions must
be declared to and approved by the City.
G.Verification of Coverage. The Consultant shall furnish City with original certificates and
amendatory endorsements or copies of the applicable policy language memorializing the insurance
coverages required above for the Consultant and all sub-consultants. All certificates and
endorsements must be received and approved by the City before this Agreement commences and
annually thereafter. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required under this Agreement, at any time.
H.Sub-consultants. The Consultant shall require and verify that all sub-consultants maintain
insurance meeting all the requirements stated herein, and the Consultant shall ensure that the City
is an additional insured on insurance required from sub-consultants.
I.Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(1) The retroactive date must be shown and must be before the date of this Agreement; (2)
Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion or termination of this Agreement, and; (3) If coverage is canceled or non-
renewed, and not replaced with another claims-made policy with a retroactive date prior to the date
of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of
five (5) years after the completion or termination of this Agreement.
J.Special Risks or Circumstances. The City reserves the right to modify these requirements at any
time, including required liability limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
21.Indemnification. The Consultant agrees, to the fullest extent permitted by the law, that it
shall indemnify and hold harmless the City, its officers, agents and employees, from liability for
damages to third parties, together with costs and expenses, including attorney’s fees and expert
witness fees, incurred in defending claims by third parties, to the extent such liability is caused by
the negligent or intentional acts, errors, or omissions of the Consultant, its agents, employees or
sub-consultants, in the performance of the services to be provided under this Agreement.
22.Compliance. The Consultant shall comply with all applicable Federal, State and local laws.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
10.
employment because of race, color, gender, sexual orientation, religion, creed, national origin,
ancestry, age, marital status, or disability.
23.Assignment. The Consultant shall not assign, sublease, or transfer this Agreement, or any
interest herein or obligation hereunder, directly or indirectly without the prior written consent of
the City. Any attempt to do so without the prior written consent of the City shall be null and void.
Approval or consent to assign or sublet any portion of the work shall in no way relieve the
Consultant of responsibility for the performance of that portion of the work so transferred.
24.Continuing Obligations. The Consultant agrees that if, because of death or other
occurrences, it becomes impossible to effectively perform its services in compliance with this
Agreement, neither the Consultant nor sub-consultants nor their surviving members shall be
relieved of their obligations to complete this Agreement. However, the City may terminate this
Agreement if it considers a death or incapacity of any members comprising the Consultant or sub-
consultant to be a loss of such magnitude that it would affect the Consultant's ability to
satisfactorily execute the Agreement.
25.Appearances. The Consultant shall provide appropriate representation at design
conferences, public gatherings and hearings, and appearances before any legislative body,
commission, board, or court, to justify, explain and defend its services under this Agreement. The
Consultant shall make available any liaison or representatives that the City deems necessary for
the furtherance of the Project to participate in conferences with the City, at any reasonable time,
concerning interpretation and evaluation of all aspects or matters covered under this Agreement.
The Consultant further agrees to participate in meetings with the City, the State of Vermont, and
any other interested or affected participants, for the purpose of review or resolution of any conflicts
pertaining to the Agreement.
If and when required by the City, the Consultant, or an appropriate representative, shall prepare
and appear as a witness for any litigation concerning any relevant project or related Agreement,
on behalf of the City. The Consultant shall be equitably paid for such services and for any
reasonable expenses incurred in relation thereto.
26.Public Relations. Whenever it is necessary to perform work in the field, particularly with
respect to reconnaissance, the Consultant will endeavor to maintain good relations with the public
and any affected property owners and/or tenants. Personnel employed by or representing the
Consultant and any sub-consultants shall conduct themselves with propriety. The Consultant
agrees to inform the City and property owners and/or tenants, in a timely manner, if there is need
for entering upon private property in order to provide the services described in Exhibit A. The
Consultant agrees that any work will be done with minimum damage to the land and disturbance
to the affected property owners and/or tenants. Upon request of the Consultant, the City shall
furnish a letter of introduction to property owners soliciting their cooperation. In no way does this
11.
paragraph absolve the City or the Consultant from obtaining required permissions to enter onto
private property as required by law.
27.Utilities. Whenever a facility or component of a private, public, or cooperatively-owned
utility will be affected by any proposed construction, the Consultant will counsel with the City,
plus achieve any necessary contacts and discussions with the affected owners, regarding any
requirement necessary for revisions or modification of facilities or existing installations, both
above and below ground. The Consultant shall inform the City, in writing, of any such contacts
and the results thereof. Any such installations must be completely and accurately exhibited on any
detail sheets, plans, surveys, diagrams, specifications or similar materials or documents provided
to the City and Consultant shall take all reasonable steps necessary to ensure that such installations
are accurately exhibited.
28.The Agreement Fee. The City shall pay Consultant as full compensation for performance
of all services required under this Agreement the actual cost of such services provided, including
any costs or expenses that may be incurred during the course of such performance, in accordance
with the Fee Schedules specified in Exhibit A and as updated no more than once per year. Rates
shall be consistent with those filed with VTRANs. The Consultant agrees to pay all sub-
consultants for their completed services upon receipt of payment for such services from the City
in accordance with Exhibit A.
The total amount to be paid to the Consultant under this Agreement shall not exceed a maximum
limiting amount of _____________________ ($__________).
No approval given or payment made under this Agreement shall be conclusive evidence of the
performance of said Agreement, either wholly or in part, and no payment shall be construed to be
acceptance of defective work.
29.Invoices. Invoices shall be submitted monthly to the City. One original which may be
submitted digitally to jrabidoux@sburl.com and iblanchard@SouthBurlingtonVT.gov is and three
(3) copies are required. All invoices and correspondence shall indicate the Project name and the
date, the work completed, the individual hourly, test other unit (as applicable) and the rate.
30.Contract Administration. The City Manager shall designate a City Project Manager, who
is authorized to:
a)serve as liaison between the City and the Consultant;
b)give direction to the Consultant to ensure satisfactory and complete performance;
c)monitor and inspect the Consultant's performance to ensure acceptable timeliness and
quality of any services provided;
12.
d)serve as records custodian for this Agreement;
e)accept or reject the Consultant's performance;
f)furnish timely written notice of the Consultant's performance failures to the City Manager,
as appropriate;
g)prepare required reports;
h)approve or reject invoices for payment;
i)recommend contract modifications, suspensions or terminations to the City Manager; and
j)issue notices to proceed.
The City Project Manager shall not have authority to alter, modify, or terminate the Agreement or
waive the City's rights under the Agreement.
31.Changes and Amendments. Changes, modifications, or amendments in the terms,
conditions, and fees of this Agreement or any Exhibit shall be written and signed by the duly
authorized representatives of the City and the Consultant.
32.Debarment Certification. The Consultant certifies under the penalty of perjury as directed
by Federal laws (48 C.F.R. §52.209-5) that the Consultant or any person associated therewith in
the capacity of owner, partner, director, officer, principal investigator, project director, manager,
auditor, or any position involving the administration of federal funds is not currently under
suspension, debarment, voluntarily exclusion or determination of ineligibility by any Federal
agency, has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past three (3) years, and does not have a proposed debarment pending,
and has not been indicted, convicted, or had a civil judgment rendered against him/her by a court
of competent jurisdiction in any matter involving fraud or official misconduct within the past three
(3) years.
33. Notices. Notices and other communications are to be mailed or hand delivered to
The City’s Project Manager:
Justin Rabidoux, Public Works Director
Public Works Department
City of South Burlington
Mail: 575 Dorset Street
South Burlington, VT 05403
Location: 104 Landfill Road, South Burlington, VT
Phone: (802) 658-6101
jrabidoux@sburl.com
The Consultant’s Project Manager:
13.
34.Dispute Resolution. In order to prevent misunderstandings and litigation, it is mutually
agreed by all parties that the City Manager shall act as referee on all questions arising under the
terms of this Agreement and that the decision of the City Manager shall be binding upon both
parties. Pending final resolution of a dispute, the Consultant must proceed diligently with its
performance under this Agreement.
The Consultant must notify the City’s Project Manager of any dispute in writing, and must attempt
to resolve any claims with the City’s Project Manager prior to filing a dispute with the City
Manager. The Consultant waives any dispute or claim not made in writing and received by the
City’s Project Manager within ten (10) calendar days of the event giving rise to the dispute or
claim. A dispute must be in writing, for specific relief, and any requested relief must be fully
supported by affidavit of all relevant calculations, including cost and pricing information, records,
and other information.
35.Governing Law, Jurisdiction, Severability. This Agreement and any and all issues
arising hereunder or relating hereto shall be governed and construed according to the laws of the
State of Vermont without reference to principles of conflicts of laws. The Courts of the State of
Vermont shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection
with this Agreement. In the event that one or more components of this Agreement is deemed by a
court of competent jurisdiction to be unenforceable, then it is the intention of the parties that such
component be stricken, and the rest and remainder of the Agreement be enforced in accordance
with the plain meaning of the language of the Agreement as if the stricken component had not ever
been a part hereof.
36. Entire Agreement. The terms and conditions set forth in this Agreement with Exhibits,
constitute the final, complete and exclusive Agreement of the parties. Terms and conditions in this
document shall control if inconsistent with any terms and conditions described in Exhibits.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first written above.
CITY OF SOUTH BURLINGTON
SOUTH BURLINGTON, VERMONT
Witness:_______________ BY:_______________________________
KEVIN DORN, CITY MANAGER
DATE:_____________________________
14.
_________________________________
________________________________
Witness:_______________ BY:_______________________________
TITLE:____________________________
DATE:_____________________________
SOUTH BURLINGTON
NATURAL RESOURCES & CONSERVATION COMMITTEE
MISSION AND DUTIES
1.The South Burlington Natural Resources and Conservation Committee shall
consist of seven to nine members, duly appointed by the City Council for three
year renewable terms, with the appointments staggered so that not more than three
appointed terms expire in any one year.
2.The Mission of the Natural Resources and Conservation Committee is to advise
the Council and other boards and commissions on matters relating to the City’s
natural resources and their conservation.
3.The objective of the Committee is to promote the conservation of the Town’s
natural resources through education, studies, plans, and recommendations.
4.The City’s Recreation & Parks Department shall be the coordinating office for the
Natural Resources and Conservation Committee.
5.The Natural Resources and Conservation Committee shall annually elect a
Chairperson, Vice Chairperson, and Clerk.
6.Meetings shall be held at the discretion of the Committee. The Committee shall
establish a regular meeting schedule, and when a deviation from the regular
schedule is required, shall post public notice of the meeting in accordance with
general City procedures.
7.Meetings shall be held in a public facility. Meetings shall have a proposed agenda
published in advance of each meeting in accordance with public meeting law and
City procedures. Minutes of each meeting shall be recorded and maintained. A
representative of the City shall attend each meeting of the Committee; other City
staff shall attend as requested by the Committee.
8.Duties of the Natural Resources and Conservation Committee are:
a.Develop a vision for the City’s conservation and preservation of its natural
resources.
b.Work with other City Committees, boards, and the City Council, as well
as other entities to develop plans and approaches for conservation that best
serve the overall balanced interests of the City.
c.Develop and maintain the City’s Open Space Plan, including the vision,
inventory of resources, statistics on conserved, developed and developable
land, specific goals and estimates of future cost.
d.Propose the acquisition of undeveloped properties consistent with the
recommendations of the Open Space Plan.
e.Work with City staff to maintain an inventory of conserved lands,
including all pertinent data.
f.Identify and catalogue significant properties, the open space of agriculture
districts, fragile ecosystem areas, and significant wildlife habitats for the
purpose of eventual inclusion in the City Open Space Plan and potential
conservation.
g.Recommend guidelines for the management of City owned conservation
lands.
h.Provide feedback related to natural resources and conservation on
development projects going through the City’s Development Review
Board, as needed.
i.Initiate and pursue education and outreach regarding conservation and
land stewardship.
Adopted XXXXXXXXX by City Council
Notation: