HomeMy WebLinkAboutAgenda - City Council - 05/25/2021 - SMAGENDA SOUTH BURLINGTON CITY COUNCIL SPECIAL MEETING Tuesday, May 25, 2021 6:30 PM
SOUTH BURLINGTON, VERMONT
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Please join my meeting from your computer, tablet or smartphone. https://www.gotomeet.me/SouthBurlingtonVT/special-council-meeting
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Special Session 6:30 P.M. Tuesday, May 25, 2021
1.Welcome & Agenda Review: Additions, deletions or changes in order of agenda items.
2.*** Council discussion and possible action related to approving a bid award for Allen RoadShared Use Path and authorize City Manager to negotiate and execute a contract for constructionservices with winning bidder, Courtland Construction.
3.*** Council discussion and possible action related to a prior resolution “Regarding the use ofpersonal protective equipment within City owned buildings and in places of public access withinthe City of South Burlington” approved by the Council on June 8, 2020.
4.Consider and sign disbursements (Memo from Tom Hubbard to be provided to Council onMonday, May 24)
5.*** Authorize the City Manager to Execute the SFY 2021 VTrans Transportation AlternativesProgram Grant Agreement to fund the design and construction of the Phase 1: Spear StreetBike/Ped Improvement project.
6. Adjourn
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
Draft
Date: May 19, 2021
From: Subgroup of Bicycle & Pedestrian Committee (Shawn Goddard, Amanda Holland & Bob Britt)
To: South Burlington City Council
Subject: Elimination of Turning Lane at Allen Road and Spear Street Intersection
Following the City Council’s decision at its last meeting to table the contract signing for the construction
of the Upper Allen Road shared-use path, the subgroup met to review the Committee’s prior safety
reasons for agreeing to eliminating the right turning lane going south on Spear Street at the intersection
of Allen Road. Obviously, the primary reasons for making the elimination decision are technical, which
will be addressed separately by City staff.
The safety benefits of eliminating this turning lane include the following:
•As a vehicle driver heading south at this intersection, it is so dangerous crossing the bike lane
when moving into the turning lane as you are worried that you will hit a cyclist proceeding
straight on Spear Street. As a cyclist, you are frightened that a vehicle will cross into you not
realizing you are going to proceed straight south on Spear.
•Also, as a vehicle driver, you presently have no way of knowing when the vehicles heading north
on Spear in the left turning lane will get the green arrow and turn into your path going west on
Allen Road.
•As a pedestrian, this extra turning lane makes it dangerous to cross at the light. Presently, there
are 4 vehicle lanes plus a northbound bike lane to cross, which adds to the danger. The planned
crosswalk will be used by cyclist and pedestrians to access the new soccer field and convenience
store that the City recently approved, making the safety of that intersection even more critical.
•This crosswalk will serve as the gatekeeper connecting Shelburne Road and the Baycrest
neighborhood to the shared-use paths in South Village, Dorset Farms and the planned, off-road,
bike-way heading north parallel to Spear Street through the South Pointe neighborhood,
Underwood Park, Nowland Farm Road, etc. to Swift Street.
•Anecdotally, this intersection does not back up much even during the evening rush hour. Most
vehicles are, at this point, heading south to Shelburne and not turning right back down to
Shelburne Road. As the technical data will show, this turning lane is a convenience, not a
warranted necessity. It is not worth the danger it presents to a child crossing to get to their
soccer practice.
•Plus, even if traffic slows down a bit at this intersection, it may help to encourage some
Shelburne residents to use Shelburne Road instead of Spear Street when passing through South
Burlington to get back and forth to work in Burlington or elsewhere.
MEMO
To: Kevin Dorn, City Manager
From: Justin Rabidoux, Director of Public Works
Ashley Parker, City Project Manager
Date: May 21, 2021
Re: Technical Memo – Impacts of the proposed Allen Road Recreation Path and elimination
of southbound Spear Street Right Turn Lane
SUMMARY
At the May 17, 2021, City Council meeting there was discussion on the referenced project,
specifically the project’s proposal to eliminate the southbound right turn lane on Spear Street at
the Allen Road intersection.
This project and its impacts will again be discussed at a special Council meeting next week. To
aid in the discussion staff has provided below some technical information that was
requested/debated at the May 17 meeting.
Item 1 – Projected Traffic Volumes Used
The traffic volumes used in the analysis were from an adjacent project’s recent traffic study, the
Kwiniaska Golf Course housing project in Shelburne. That analysis, completed in 2018, included
the Spear Street and Allen Road intersection, and projected future traffic volumes to the year
2024.
Each year VTrans publishes observed and predicted traffic growth rates based on their network of
continuous traffic counters around the state. In 2018, VTrans was estimating a 4% annual growth
rate in traffic volumes from 2016 to 2024.
VTrans recently updated and released their data and projections based on 2020 volumes in
Chittenden County and it shows that traffic volumes declined 1.2% from 2016 to 2019. In 2020,
traffic volumes declined by another 17.6%, but this data point is obviously an outlier and will not
impact future projections. Moving forward, VTrans projects that in 2021 and beyond, we will
experience an annual growth rate of 0.5%. We have applied these more recent growth rates and
updated our intersection volumes and projections accordingly.
Item 2 – Capacity Impacts of the Elimination of the Right Turn Lane
Using the updated data as explained in Item 1, intersection Level of Service1 analyses were
performed for the 2024 PM peak hour2. The below results reveal the intersection will still operate
at a Level of Service C3; however, the overall delay will increase by about seven seconds.
LOS with Right Turn Lane LOS without Right Turn Lane
C – 22.7 seconds of average delay C – 29.9 seconds of average delay
Item 3 – Pedestrian Crossing Distance
The elimination of the right turn lane would shorten the pedestrian crossing distance across Spear
Street by 11 feet; peds would be faced with three lanes of traffic to cross instead of four.
RECOMMENDATION Staff recommends the 1) City Council discuss the project and
provide staff direction on how to proceed and 2) Authorize the City Manager to negotiate
and execute an agreement with the recommended contractor, Courtland Construction, to
provide construction services for the Allen Road Shared Use Path project.
1 -LOS is used to determine how well a transportation facility is operating from a traveler’s perspective. Typically, six
levels of service are defined and each is assigned a letter designation from A to F, with LOS A representing the best
operating conditions, and LOS F the worst.
2 -Peak hour – the highest volume of traffic for a continuous hour between 3:00 PM and 7:00 PM during a typical
weekday.
3 - LOS C definition – stable flow, at or near free flow. Most experienced drivers are comfortable, roads remain safely
below but efficiently close to capacity, and posted speed is maintained. This is the target LOS for some urban and most
rural highways.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
To: Kevin Dorn, City Manager
From: Ashley Parker, City Project Manager
Cc: Justin Rabidoux, Director of Public Works
Subject: Authorization to Negotiate and Contract for Allen Road Shared Use Path
Project Construction Services
Date: May 17, 2021
Background: The Allen Road Shared Use Path project was originally part of a 2017 scoping
study that looked at the approximately 800-foot gap in bicycle and pedestrian
infrastructure along Allen Road, beginning east of Baycrest Drive and
extending to the Spear Street intersection. The project involves the
construction of approximately 830-linear feet of an 8-foot wide paved shared
use path beginning at the end of existing infrastructure just east of Baycrest
Drive and running along Allen Road and then connecting to another existing
shared use path across the intersection of Spear Street. It will involve the
removal of the existing southbound right-turn lane on the Spear Street
approach to Allen Road, construction of the path itself, the installation of new
painted bike boxes on Spear Street, new pedestrian signals, crosswalks, and
lane striping at the Allen Road and Spear Street intersection. At the beginning
of 2019, the City initiated a design for this project and finalized plans at the
end of 2020.
The City released a request for bids on April 6, 2021; and On May 4, 2021, a
bid opening was held for this project. The City received bids from seven
contractors to complete this work (Table 1). The low bid for this project was
submitted by Courtland Construction for an amount of $175,219.00. This cost
is within the project budget. The electronic bids were reviewed by a panel
consisting of Lamoureux & Dickinson, the City’s engineer for this project;
Justin Rabidoux, Director of Public Works; and myself. The panel determined
that all required materials and bonds were included, all contract addenda were
received by the contractor, and all necessary documents had been signed. This
project is being funded by the City’s Penny for Paths fund.
Table 1. Summary of Bids Received for the Allen Road Shared Use Path
Project
Contractor Total Bid Price
Courtland Construction $175,219.00
Dirt Tech Company $183,254.72
Desroches Construction Serv. $184,727.50
S.D. Ireland $184,900.00
Don Weston Excavating $188,132.00
Munson Earth-Moving $218,063.00
All Seasons Excavating $261,585.00
Staff is recommending that Courtland Construction be awarded the contract for
the construction of this project.
Recommendation: Approve by motion consent agenda item that states - Authorize the City
Manager to negotiate and execute an agreement with the recommended
contractor, Courtland Construction, to provide construction services for the
Allen Road Shared Use Path project.
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P:\2019\19016A Allen Rd\dwg\Spear St Before & After Plan.dwg 5/21/2021 10:46:42 1 : 1
STATE OF VERMONT STANDARD GRANT AGREEMENT
Part 2 – Grant Agreement
1.Parties: This is a Grant Agreement for the advancement of a transportation project between the Stateof Vermont, Agency of Transportation (hereinafter called “State”), and City of South Burlington,a US local government, with its principal place of business at 575 Dorset Street, South Burlington,
Vermont 05403, (hereinafter called “Subrecipient”). It is the Subrecipient’s responsibility to contact
the Vermont Department of Taxes to determine if, by law, the Subrecipient is required to have aVermont Department of Taxes Business Account Number.
2.Subject Matter: The subject matter of this Grant is the advancement of a transportation project known
as South Burlington TAP TA21(4). A detailed description of the project and the services to beprovided by the Subrecipient are described in Attachment A.
3.Award Details: Amounts, dates and other award details are as shown in the attached Grant AgreementPart 1 – Grant Award Detail. A detailed scope of worked covered by this award is described in
Attachment A.
4.High Risk: If at any time the Subrecipient or Subaward are determined to be high risk as per theState of Vermont, Agency of Administration, Bulletin No. 5, Policy for Grant Issuance andMonitoring, or 2 CFR §200.331, additional monitoring measures will be imposed in accordance with
2 CFR §200.207.
5.Prior Approvals: If approval by the Attorney General’s Office is required by the granting agency,neither this Grant nor any amendment to it is binding until it has been approved by the AttorneyGeneral’s Office.
- Approval by the Attorney General’s Office is required.- Approval by the Secretary of Administration is not required.- Approval by the CIO/Commissioner DII is not required.
6. Amendment: No changes, modifications, or amendments in the terms and conditions of this Grant
shall be effective unless reduced to writing, numbered, and signed by the duly authorizedrepresentative of the State and Subrecipient.
7.Cancellation: This Grant may be cancelled by either party by giving written notice at least thirty(30) days in advance.
8.Attachments: This Grant Agreement consists of 26 pages including the following attachments whichare incorporated herein:
Attachment A –Description of Project and Scope of Work to be Performed by
Subrecipient
Attachment B –Payment Provisions Attachment C –Standard State Provisions for Contracts and Grants (12/15/2017) Attachment D –Other Grant Agreement Provisions Attachment E –Special Conditions
Attachment F –Applicable Standards and Design Criteria Attachment G –Personnel Requirements and Conditions
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Attachment H -Required Submittals, State Liaison, Waiver of Standards and
Modifications of Design Steps, Plans, Documents and Estimates
Attachment I-DOT Standard Title VI Assurances and Non-Discrimination Provisions
(DOT 1050.2A) - Assurance Appendix A and Assurance Appendix E
WE, THE UNDERSIGNED PARTIES, AGREE TO BE BOUND BY THIS GRANT AGREEMENT.
STATE OF VERMONT SUBRECIPIENT:
AGENCY OF TRANSPORTATION CITY OF SOUTH BURLINGTON
Date: Date:
Signature: Signature:
Name: Joe Flynn Name:
Title: Secretary of Transportation Title:
APPROVED AS TO FORM:
___________________________________
ASSISTANT ATTORNEY GENERAL
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STATE OF VERMONT GRANT AGREEMENT Part 1-Grant Award Detail
SECTION I - GENERAL GRANT INFORMATION
1 Grant #:2 Original Amendment #
3 Grant Title:
4 Amount Previously Awarded:
$
5 Amount Awarded This Action:
$
6 Total Award Amount:
$
7 Award Start Date: 8 Award End Date: 9 Subrecipient Award:YES NO
10 Vendor #:11 Grantee Name:
12 Grantee Address:
13 City:14 State:15 Zip Code:
16 State Granting Agency:17 Business Unit:
18 Performance Measures:
YES NO
19 Match/In-Kind: $ Description:
20 If this action is an amendment, the following is amended:
Amount: Funding Allocation: Performance Period: Scope of Work: Other:
SECTION II - SUBRECIPIENT AWARD INFORMATION
21 Grantee DUNS #: 22 Indirect Rate:
%
(Approved rate or de minimis 10%)
23 FFATA: YES NO
24 Grantee Fiscal Year End Month (MM format):25 R&D:
26 DUNS Registered Name (if different than VISION Vendor Name in Box 11):
SECTION III - FUNDING ALLOCATION
STATE FUNDS
Fund Type 27Awarded
Previously
28Award
This Action
29Cumulative
Award 30Special & Other Fund Descriptions
General Fund $ $ $
Special Fund $$$
Global Commitment
(non-subrecipient funds)
$$$
Other State Funds $$$
FEDERAL FUNDS
(includes subrecipient Global Commitment funds)
Required Federal
Award Information
31CFDA
#
32Program Title 33Awarded
Previously
34Award
This Action
35Cumulative
Award
36FAIN
37Federal
Award
Date
38Total
Federal
Award
$
39 Federal Awarding Agency: 40 Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
$$$$
Federal Awarding Agency: Federal Award Project Descr:
Total Awarded - All Funds
$$$
SECTION IV - CONTACT INFORMATION
STATE GRANTING AGENCY GRANTEE
NAME: NAME:
TITLE: TITLE:
PHONE:PHONE:
EMAIL: EMAIL:
Effective 12/26/2014
300,000.00
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ATTACHMENT A DESCRIPTION OF PROJECT AND SCOPE OF WORK TO BE PERFORMED BY SUBRECIPIENT
1. Project Location and Description. The Project is described as follows:
City/Town South Burlington
Location Spear Street
Description Approximately 3,500 feet shared use path along Spear Street between Swift Street and UVM Forestry Building. 2. Subrecipient Assumption of Full Responsibility for the Project. The Subrecipient assumes full and complete responsibility for any and all aspects relative to the development of the Project except
for those items defined in this Grant Agreement for which the State retains responsibility. 3. Commencement of Work. Subrecipient shall not commence work on or incur expenses for the Project until receiving authorization to proceed from the State or upon execution of the Agreement, whichever occurs later.
4. Municipal Project Manager (MPM). All work for the Project will be performed by the Subrecipient or its duly authorized consultant in conformance with the latest update of the Municipal Assistance Bureau Guide document(s). The Subrecipient will designate a full-time employee, member of its legislative body, or other representative, as approved by the State to be the Municipal Project
Manager (MPM) for the Project. The MPM will act on the authority granted by the Subrecipient. 5. Federal Environmental Documentation: Duties of MPM. As appropriate, the MPM will review the National Environmental Policy Act (NEPA) environmental document (Categorical Exclusion [CE], Environmental Assessment [EA], or Environmental Impact Statement [EIS]) prepared for/by the
Subrecipient, and after ensuring that it is in order, will forward the environmental document to the State
for processing through the Federal Highway Administration (FHWA). 6. Pre-Construction: Duties of MPM. Prior to advertising the Project for construction, the MPM will:
(a) The MPM will notify the State in writing 30 days prior to beginning the Right-of-Way phase in order to allow for the funding to be programmed. Review the right-of-way issues for the Project and, after ensuring compliance with all applicable federal and state laws and regulations, will forward the right-of-way documents to the State. The State will issue the Right-of-Way Clearance Certificate.
(b) Review the utility and/or railroad issues for the Project and, after ensuring compliance with all applicable federal and state laws and regulations, provide compliance certification to the State. (c) Review the Project for compliance with all federal, state, and local laws, ordinances, regulations, and permit requirements and, upon completion of that review and finding that all
requirements have been satisfied, send a compliance certification to the State.
(d) Secure documentation that the design meets all applicable standards, codes, and requirements for design and public safety standards.
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(e) Secure documentation attesting to the attainment of required structural capacity requirements for all structures and adherence of all traffic control devices to the FHWA’s Manual on Uniform Traffic Control Devices (MUTCD). This documentation shall be signed by an engineer registered under the laws of the State of Vermont to practice “structural or civil” engineering, and shall
be attached to the certification required in Section 6(d), above. (f) Provide certification to the State both as to those permits, agreements and clearances that have been secured for the Project and as to those which have been determined NOT to apply to the Project. (g) Review and sign all project related invoices and ensure invoices are in the proper
format before submittal to the State for approval. (h) The MPM will notify the State in writing 30 days prior to beginning the Construction phase in order to allow for the funding to be programmed. No work shall commence unless authorized in writing. 7. Public Meeting. The Subrecipient will warn a public meeting on the Project if required by
the State to do so, conduct the meeting in accordance with state and federal requirements, and coordinate the Project with the State and property owners in the Project area. 8. Project Design. Subrecipient agrees that the project development work for this Project shall include preparation of a purpose and need statement, conceptual design plans and estimate,
environmental documentation, right-of-way plans, and contract plans, including all specifications,
contract documents, and cost estimates. The Project design shall include plans, notes, references to specifications or standards, typical sections, cross sections and all project design computations. Project designs may be prepared in accordance with the standards and formats of the local community, provided those standards and formats meet or exceed State standards or are approved by the State. Required
submittals to the State are all of the above, unless otherwise noted in the Special Conditions.
Submittals required for justification of payments (monthly for design, biweekly for construction) to the Subrecipient, or for review to assure conformance with the requirements of this Agreement, shall be in a format prescribed by the State’s Project Manager. 9. Project Construction. Unless otherwise approved by the State, the Subrecipient will
advertise the Project for receipt of bids in conformance with federal and state laws and regulations. The
Subrecipient will award the construction contract to the lowest responsive, responsible bidder and will be fully responsible for administration of the contract through completion and acceptance of the Project. 10. Construction Engineering. Construction inspection and materials sampling/testing work for the Project shall include inspection of the construction in progress for conformance with the contract
requirements. 11. Project Accounting. Subrecipient will establish and maintain a separate accounting for Project funds, payments, and receipts for the duration of this Grant Agreement. 12. Compliance with FHWA/USDOT Regulations. Subrecipient agrees that it will manage the Project to comply with all applicable provisions of Titles 23 (Highways) and 49 (Transportation) of
the Code of Federal Regulations (C.F.R.).
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13. Compliance with Federal, State and Local Requirements. Subrecipient will comply with the requirements of all federal, state, and local laws, ordinances and regulations applicable to the Project. 14. Compliance with Permits, Agreements and Clearances. Subrecipient will secure and honor all applicable and necessary local, state, and federal permits, agreements and clearances prior to
completion of final construction plans, and will adhere to or make provision for attainment of all conditions set forth in those documents. 15. Utility and Railroad Relocation and Adjustments. Subrecipient agrees that any utility or railroad relocation costs deemed participating Project costs shall meet all applicable eligibility and
financial requirements as stated in federal and state laws, regulations, and policies. 16. Acquisition of Lands or Rights for Construction. Should construction of the project require the acquisition of lands or rights outside of the existing State or municipal rights-of-way, the Subrecipient shall acquire such lands or rights either by agreement or through exercise of its eminent domain powers, when applicable, in conformance with the Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970, as amended, 42 U.S.C. § 4601 et seq. (the Uniform Act) and
its implementing regulations, 49 C.F.R. Part 24. 17. Expeditious Pursuit of Project. Subrecipient will pursue the Project in an expeditious manner in conformance with the Project schedule agreed upon by the Subrecipient and the State. Changes found necessary by either party to this Grant Agreement or to the schedule for the Project will
be brought to the attention of the other party as soon as possible so that mutual agreement can be
achieved. 18. Submission of “As-Built” Plans to the STATE. For any Project affecting State highway rights-of-way, and for all structure-related projects, the Subrecipient will develop the plans in a format acceptable to the State and provide the State with four sets of “as-built” plans and one copy of any
electronically developed plan files. 19. Hazardous Material Contamination. Responsibility for any contaminated materials within the Project area shall remain unaffected by this Grant Agreement as they are generally non-participating. The Subrecipient shall notify the State of the presence of and design alternatives for potential contaminated and/or hazardous waste sites located during the development or construction
stage. Once the Subrecipient determines that contamination exists, whether obvious or established
through testing, the Subrecipient shall notify the appropriate regulatory agency. 20. Maintenance of the Completed Project. If the Project is constructed, the Subrecipient will maintain the completed Project in a manner satisfactory to the State or its authorized representative(s) at no cost to the State, and will make ample provisions each year for such maintenance. 21. Personnel Requirements. The Subrecipient will comply with the personnel requirements contained in Attachment G (Personnel Requirements and Conditions).
22. Assignment of State Representative. The State will assign a representative to act as its
Project liaison with the Subrecipient.
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23. Conformance with Standards. The parties agree that all work performed by the Subrecipient, or its duly authorized representative, shall conform to the applicable standards/design criteria set forth in Attachment F (Applicable Standards & Design Criteria), unless waived in whole or in part in writing by the State.
24. Reviews by the State. The parties agree that, at the discretion of the State’s Program Director, the State may inspect or review any work or aspect of the Project for any reason during the development of the Project.
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ATTACHMENT B PAYMENT PROVISIONS 1. Funding Ratio. Up to the maximum limiting amount (MLA) shown below, the State agrees
to pay 80% of the total Project costs eligible for federal participation, including, but not limited to,
administration, engineering, right-of-way, utility, railroad relocation and construction costs, except for State’s review costs, which will be borne 100% by the State. The State shall not be responsible for expenses incurred by the Subrecipient except as specified in this Agreement. 2. Non-Participating Costs. Work accomplished by the Subrecipient, and/or its consultant or
contractor, which has been designated by the State as non-participating for purpose of financial
reimbursement, shall be the sole responsibility of the Subrecipient. Examples of non-participating costs include elements outside the scope of work, utility work not related to the project scope, any work outside of the Project limits and approaches and that portion of right-of-way settlements which exceed “Fair Market Value”, as determined by reviewing appraiser in accordance with 49 C.F.R. § 24.104 (Review
of appraisals). Due to federal regulations that require all project costs to be reported within the federal
financial system, the Subrecipient shall document and supply a summary of all non-participating costs. This shall include costs incurred by the Subrecipient above the maximum limiting amount of this Agreement. 3. Compliance with Vermont Prompt Payment Act. To the extent it is applicable,
Subrecipient, with respect to work performed pursuant to this Grant Agreement, agrees to comply with
the provisions of the Vermont Prompt Payment Act (9 V.S.A. Chapter 102). 4. Reimbursement if Project Not Constructed due to Subrecipient. If at any time the Subrecipient no longer desires the improvements as specified for the Project, or if the Subrecipient fails to meet its obligation to construct the Project, then the Subrecipient shall promptly notify the State. As
provided by 19 V.S.A. § 309c(a), the State shall consult with the Subrecipient about the Subrecipient’s
obligation to repay project costs. The Secretary of Transportation shall then make the final determination of the amount and schedule for the repayment that shall be made to the State by the Subrecipient, considering applicable laws and regulations. Pursuant to 19 V.S.A. §§ 5(d)(13) and 309c(b), within 15 days of the Secretary’s determination, the Subrecipient may petition the Vermont Transportation Board
for a hearing to determine whether the amount of the Subrecipient’s repayment obligation as determined
by the Secretary may be reduced. 5. Project Costs and Phases. The parties agree that the Subrecipient will perform all tasks and duties incidental to accomplishing the following Project development phases, where an amount of funding is indicated, in conformance with the schedule or amended schedule agreed upon by the parties:
and that the State will pay the state and federal share of all properly documented invoices from the Subrecipient for work incidental to the development of the Project up to the total available State/federal funds to the Subrecipient:
Phase Federal $ State $ Local $ Total $
Total Available Funds to Subrecipient* $300,000 $0 $75,000 $375,000
*The amounts noted may not reflect expenditures that were covered under prior agreements or contracts.
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6. Excess Costs. The parties agree that costs incurred by, at the direction of, or for the Subrecipient, when such costs exceed the totals indicated in Section 5, above, will not be eligible for federal or state participation unless those costs have been incorporated into this Grant Agreement through a written amendment. 7. Allocation of Funds by STATE. On the basis of the Subrecipient’s request for authorization to develop the Project, and subject to the availability of state and federal funds, the State agrees to make available to the Subrecipient a sum not to exceed $0 in State funds and $300,000 in federal-aid funds for
engineering, right-of-way, utility and railroad relocation where applicable, construction, and
construction engineering costs (as described in Section 5 above). 8. Payment of Invoices by the STATE. The State agrees to pay the Subrecipient the federal and state shares of properly documented bills invoiced by the Subrecipient.
Invoices, which shall clearly reference the Project name and number, shall be sent to: Name: Derek Kenison, Project Manager Division: Project Delivery Bureau – Municipal Assistance
Address: Vermont Agency of Transportation
Barre City Place 219 North Main St. Barre, VT 05641
9. Payment of Amounts Found Due by Audit. In the event an audit or inspection by a certified
or registered public accountant or an authorized agent of the State reveals that monies are due and owing to the State from the Subrecipient, for whatever reasons, then the Subrecipient shall pay such sums to the State within thirty (30) days of written notification of the findings of such audit or inspection.
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Attachment C - Page 1 of 5
ATTACHMENT C: STANDARD STATE PROVISIONS
FOR CONTRACTS AND GRANTS
REVISED DECEMBER 15, 2017
1. Definitions: For purposes of this Attachment, “Party” shall mean the Contractor, Grantee or Subrecipient, with whom
the State of Vermont is executing this Agreement and consistent with the form of the Agreement. “Agreement” shall mean
the specific contract or grant to which this form is attached.
2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded grant,
represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements,
negotiations, and understandings shall have no effect.
3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of
the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement
shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party
irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees
that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against
the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to
binding arbitration or waive its right to a jury trial.
4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the State’s sovereign
status or under the Eleventh Amendment to the United States Constitution. No waiver of the State’s immunities, defenses,
rights or actions shall be implied or otherwise deemed to exist by reason of the State’s entry into this Agreement.
5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement
benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other
benefits or services available to State employees, nor will the State withhold any state or Federal taxes except as required
under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that
all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income,
withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will
be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes.
6. Independence: The Party will act in an independent capacity and not as officers or employees of the State.
7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party claims or
suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in connection with the
performance of this Agreement. The State shall notify the Party in the event of any such claim or suit, and the Party shall
immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The State retains the
right to participate at its own expense in the defense of any claim. The State shall have the right to approve all proposed
settlements of such claims or suits.
After a final judgment or settlement, the Party may request recoupment of specific defense costs and may file suit in
Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that
such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party in connection
with the performance of this Agreement.
The Party shall indemnify the State and its officers and employees if the State, its officers or employees become legally
obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party in connection
with the performance of this Agreement.
Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document furnished
by the Party in connection with its performance under this Agreement obligate the State to (1) defend or indemnify the Party
or any third party, or (2) otherwise be liable for the expenses or reimbursement, including attorneys’ fees, collection costs
or other costs of the Party or any third party.
8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that
the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of
insurance on file with the State through the term of this Agreement. No warranty is made that the coverages and limits listed
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Attachment C - Page 2 of 5
herein are adequate to cover and protect the interests of the Party for the Party’s operations. These are solely minimums that
have been established to protect the interests of the State.
Workers Compensation: With respect to all operations performed, the Party shall carry workers’ compensation insurance in
accordance with the laws of the State of Vermont. Vermont will accept an out-of-state employer's workers’ compensation
coverage while operating in Vermont provided that the insurance carrier is licensed to write insurance in Vermont and an
amendatory endorsement is added to the policy adding Vermont for coverage purposes. Otherwise, the party shall secure a
Vermont workers’ compensation policy, if necessary to comply with Vermont law.
General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party shall
carry general liability insurance having all major divisions of coverage including, but not limited to:
Premises - Operations
Products and Completed Operations
Personal Injury Liability
Contractual Liability
The policy shall be on an occurrence form and limits shall not be less than:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and
non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined
single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials,
limits of coverage shall not be less than $1,000,000 combined single limit.
Additional Insured. The General Liability and Property Damage coverages required for performance of this Agreement shall
include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance
of this Agreement involves construction, or the transport of persons or hazardous materials, then the required Automotive
Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional
Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance.
Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits or non-
renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State.
9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance
upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to
bills, invoices, progress reports and other proofs of work.
10. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32 V.S.A.
§ 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil penalties, treble
damages and the costs of the investigation and prosecution of such violation, including attorney’s fees, except as the same
may be reduced by a court of competent jurisdiction. The Party’s liability to the State under the False Claims Act shall not
be limited notwithstanding any agreement of the State to otherwise limit Party’s liability.
11. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents for
disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety,
including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees
or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the
Party or its agents prior to reporting to any governmental entity and/or the public.
12. Location of State Data: No State data received, obtained, or generated by the Party in connection with performance
under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the continental United
States, except with the express written permission of the State.
13. Records Available for Audit: The Party shall maintain all records pertaining to performance under this agreement.
“Records” means any written or recorded information, regardless of physical form or characteristics, which is produced or
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Attachment C - Page 3 of 5
acquired by the Party in the performance of this agreement. Records produced or acquired in a machine readable electronic
format shall be maintained in that format. The records described shall be made available at reasonable times during the
period of the Agreement and for three years thereafter or for any period required by law for inspection by any authorized
representatives of the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the
three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved.
14. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21
V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure,
to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with
disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement.
15. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under this
Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with
the procedures more specifically provided hereinafter.
16. Taxes Due to the State:
A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including
income tax withholding for employees performing services within the State, payment of use tax on property used
within the State, corporate and/or personal income tax on income earned within the State.
B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in
good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont.
C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes
determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all
taxes due to the State of Vermont.
D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of
Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been
taken and finally determined and the Party has no further legal recourse to contest the amounts due.
17. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be furnished upon
request with respect to otherwise taxable items.
18. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as
of the date this Agreement is signed, he/she:
A. is not under any obligation to pay child support; or
B. is under such an obligation and is in good standing with respect to that obligation; or
C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that
plan.
Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party
is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any
other state or territory of the United States.
19. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion
thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State
for all acts or omissions of subcontractors and any other person performing work under this Agreement pursuant to an
agreement with Party or any subcontractor.
In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a list of
all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers
compensation insurance providers, and additional required or requested information, as applicable, in accordance with
Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54).
Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for the State
of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (“False Claims Act”); Section 11
(“Whistleblower Protections”); Section 12 (“Location of State Data”); Section 14 (“Fair Employment Practices and
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Attachment C - Page 4 of 5
Americans with Disabilities Act”); Section 16 (“Taxes Due the State”); Section 18 (“Child Support”); Section 20 (“No Gifts
or Gratuities”); Section 22 (“Certification Regarding Debarment”); Section 30 (“State Facilities”); and Section 32.A
(“Certification Regarding Use of State Funds”).
20. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property,
currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement.
21. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement are
printed using both sides of the paper.
22. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this
Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred,
suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs
supported in whole or in part by Federal funds.
Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not
presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing/debarment
23. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of interest.
24. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by the State
from the Party in connection with this Agreement are subject to the State of Vermont Access to Public Records Act, 1
V.S.A. § 315 et seq.
25. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of performance of
any obligations under this Agreement to the extent such failure or delay shall have been wholly or principally caused by
acts or events beyond its reasonable control rendering performance illegal or impossible (excluding strikes or lock-outs)
(“Force Majeure”). Where Force Majeure is asserted, the nonperforming party must prove that it made all reasonable efforts
to remove, eliminate or minimize such cause of delay or damages, diligently pursued performance of its obligations under
this Agreement, substantially fulfilled all non-excused obligations, and timely notified the other party of the likelihood or
actual occurrence of an event described in this paragraph.
26. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases, research
reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to third parties except
with the prior written consent of the State.
27. Termination:
A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and
if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or
otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is
funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the
State may suspend or cancel this Grant immediately, and the State shall have no obligation to pay Subrecipient from
State revenues.
B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its obligations
under this Agreement, and such breach is not cured within thirty (30) days after delivery of the non-breaching
party’s notice or such longer time as the non-breaching party may specify in the notice.
C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without respect
to cause, the Party shall take all reasonable and prudent measures to facilitate any transition required by the State.
All State property, tangible and intangible, shall be returned to the State upon demand at no additional cost to the
State in a format acceptable to the State.
28. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue to
perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in
accordance with its terms.
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Attachment C - Page 5 of 5
29. No Implied Waiver of Remedies: Either party’s delay or failure to exercise any right, power or remedy under this
Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy.
All waivers must be in writing.
30. State Facilities: If the State makes space available to the Party in any State facility during the term of this Agreement
for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all
policies and procedures governing access to and use of State facilities which shall be made available upon request. State
facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.
31. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a grant that
is funded in whole or in part by Federal funds:
A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report annually
within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required
for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the
granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report is required.
For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000
or more in Federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-
133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends
$750,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR
Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45
days, whether or not a Single Audit is required.
B. Internal Controls: In accordance with 2 CFR Part II, §200.303, the Party must establish and maintain effective
internal control over the Federal award to provide reasonable assurance that the Party is managing the Federal award
in compliance with Federal statutes, regulations, and the terms and conditions of the award. These internal controls
should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the
Comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the
Committee of Sponsoring Organizations of the Treadway Commission (COSO).
C. Mandatory Disclosures: In accordance with 2 CFR Part II, §200.113, Party must disclose, in a timely manner, in
writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially
affecting the Federal award. Failure to make required disclosures may result in the imposition of sanctions which
may include disallowance of costs incurred, withholding of payments, termination of the Agreement,
suspension/debarment, etc.
32. Requirements Pertaining Only to State-Funded Grants:
A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State-funded grant
in excess of $1,001, Party certifies that none of these State funds will be used to interfere with or restrain the exercise
of Party’s employee’s rights with respect to unionization.
B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby represents:
(i) that it has signed and provided to the State the form prescribed by the Secretary of Administration for purposes
of certifying that it is in good standing (as provided in Section 13(a)(2) of Act 154) with the Agency of Natural
Resources and the Agency of Agriculture, Food and Markets, or otherwise explaining the circumstances
surrounding the inability to so certify, and (ii) that it will comply with the requirements stated therein.
(End of Standard Provisions)
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ATTACHMENT D OTHER GRANT AGREEMENT PROVISIONS
1. Cost of Materials: Subrecipient will not buy materials and resell to the State at a profit.
2. Availability of Federal Funds: This contract is funded in whole or in part by federal funds. In the event the federal funds supporting this contract become unavailable or are reduced, the State may cancel this contract immediately, and the State shall have no obligation to pay Subrecipient from
State revenues. 3. Identity of workers: The Subrecipient will assign the following individuals to the services to be performed under the provisions of this agreement, and these individuals shall be considered essential to performance. Should any of the individuals become unavailable during the period of
performance, the State shall have the right to approve any proposed successors, or, at its option, to cancel the remainder of the agreement.
4. Work Product Ownership: Upon full payment by the State, all products of the Subrecipient’s
work, including outlines, reports, charts, sketches, drawings, art work, plans, photographs,
specifications, estimates, computer programs, or similar documents, becomes the sole property of the State of Vermont and may not be copyrighted or resold by Subrecipient.
5. Prior Approval/Review of Releases: Any notices, information pamphlets, press releases, research
reports, or similar other publications prepared and released in written or oral form by the Subrecipient under this grant agreement shall be approved/reviewed by the State prior to release. 6. Ownership of Equipment: Any equipment purchased by or furnished to the Subrecipient by the
State under this grant agreement is provided on a loan basis only and remains the property of the
State.
7. Subrecipient’s Liens: Subrecipient will discharge any and all contractors’ or mechanics’ liens
imposed on property of the State through the actions of subcontractors. 8. Performance Bond: The Subrecipient shall, prior to commencing work under this grant agreement, furnish to the State a payment and performance bond from a reputable insurance company licensed to do business in the State of Vermont, guaranteeing the satisfactory completion of the grant
agreement by the Subrecipient and payment of all subcontractors, suppliers and employees. 9. Professional Liability Insurance: Before commencing work on this grant agreement and throughout the term of this grant agreement, Subrecipient shall procure and maintain professional liability insurance for any and all services performed under this grant agreement, with minimum
coverage of $100,000.00 per occurrence. 10. Federal-Aid Construction Work: The subrecipient will comply with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a 7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally assisted construction sub agreements.
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11. Health Insurance Privacy & Portability Act: The confidentiality of any health care information acquired by or provided to the independent subrecipient shall be maintained in compliance with any applicable State or federal laws or regulations.
12. Audit of Federal Subrecipient: Under current interpretations of federal law, the subrecipient will be subject to the federal Single Audit Act. Subrecipient will comply with audit requirements contained in Circular A-133/Circular A110 and/or other applicable circulars of the U.S. Office of Management and Budget. The cost of such an audit will be borne by the Subrecipient is included in
the payment provisions of this Grant. 13. Requirement to Have a Single Audit: If this subrecipient expends $500,000 or more in federal assistance during its fiscal year, it is required to have a single audit conducted in accordance with the Single Audit Act, except when it elects to have a program-specific audit.
The subrecipient may elect to have a program-specific audit if it expends funds under only one federal program and the federal program’s laws, regulating or grant agreements do not require a financial statement audit of the entity.
If the subrecipient should spend less than $500,000 in aggregate federal funds in any single fiscal year, organization-wide financial statements and a schedule of federal financial assistance for VTrans funds only shall be submitted within nine (9) months of the end of the fiscal year. The federal financial assistance schedule will list the funds by title, Code of Federal Domestic Assistance (CFDA) number, pass-through Municipal’s number, award amount, receipts, and expenditures. At
the Program Director’s discretion, agreed upon procedures, related to the VTrans schedule of federal financial assistance, may be required to be performed by a certified independent audit firm. The State reserves the right to withhold reimbursement of project costs if the subrecipient does not comply with the requirements of this section or with Attachment C section 9.
14. Equal Opportunity Plan: If they are required by the Federal Office of Civil Rights to have a plan, the subrecipient must provide a copy of the approval of their Equal Opportunity Plan. 15. Supplanting: If required, the subrecipient will submit a Certification that funds will not be used to
supplant local or other funding. 16. Grant Term: The Grant term is the period during which grant funds may be expended. Expiration of the Grant Term does not relieve the subrecipient from the duty to fulfill long term grant requirements, some of which may extend indefinitely. Such long-term requirements may include but
are not limited to, maintenance of the completed project, applicable reporting requirements, and obtaining the State’s approval before selling or transferring equipment or property acquired with grant proceeds. 17. Responsibility for Project Costs determined Ineligible for Reimbursement by FHWA: In the
event that Project costs incurred are not reimbursed by the Federal Highway Administration due to the Subrecipient’s failure to follow proper federal guidelines and/or the expenditures are found by the State or FHWA to be federally non-participating items, the Subrecipient shall be responsible for 100% of such Project costs.
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18. Limits on Reimbursement: The State will not reimburse the Subrecipient for premium rate overtime unless the State has given its prior written approval for such overtime. The State will reimburse the Subrecipient for reasonable and necessary expenses actually incurred in the performance of this Grant subject, however, to the reimbursement limitations for state employees.
The State will not reimburse the Subrecipient for meals taken during travel not requiring an overnight stay away from home. 19. Compliance with Cost Principles: Grantee shall comply with the requirements set forth in 2 CFR,
Part 225 (superseding OMB Circular A-87 for State and Local Governments Including Schools), 2
CFR, Part 230 (superseding OMB Circular A-122 for Non Profit Organizations), or 2 CFR, Part 220 (formerly A-21 for Higher Education Institutions) as appropriate for the Grantee’s type of organization.
20. Compliance with Administrative Regulations: Grantee shall comply with the requirements of
OMB Circular A-102 (State & Local Governments and Schools) or 2 CFR Part 215 ( superseding OMB Circular A-110 for Institutions of Higher Education, Hospitals, and Non Profit organizations) as appropriate for the grantee’s type of organization.
21. Resolution of Grant Disputes. The parties shall attempt to resolve any disputes that may arise under
this Grant by negotiation. Any dispute not resolved by negotiation shall be referred to the State’s appropriate Director for determination. If the Grantee is aggrieved by the decision of the Director, the Grantee may appeal in writing to the Transportation Board, through the Director, within 30 calendar days of the Director’s decision, but not thereafter. The notice of appeal shall completely
outline the nature and extent of the issue(s) appealed and shall include copies of any and all
supporting documentation. The decision of the Transportation Board may be appealed to Vermont Superior Court by either party as provided in 19 V.S.A. 5(d)(4). 22. Interpretation of Grant. If an ambiguity or question of intent arises with respect to any provision
of this Grant, the Grant will be construed as if drafted jointly between the parties and no presumption
or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Grant. 23. Cargo preference act compliance (if applicable). The contractor/recipient/subrecipient is hereby
notified that the Contractor and Subcontractor(s)/recipients and subrecipients are required to follow
the requirements of 46 CFR 381.7 (a)-(b), if applicable. For guidance on requirements of Part 381 – Cargo Preference – U.S. Flag Vessels please go to the following web link: https://www.fhwa.dot.gov/construction/cqit/cargo.cfm.
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ATTACHMENT E SPECIAL CONDITIONS
None.
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ATTACHMENT F APPLICABLE STANDARDS & DESIGN CRITERIA A. Vermont State Standards for Design B. Latest Edition of the Manual for Uniform Traffic Control Devices (MUTCD) C. The most recent appropriate version of the VTrans Standard Specifications for Construction, as amended with its most recent General Special Provisions and Supplemental Specifications, but only to the extent not inconsistent with this Grant Agreement. D. VTrans Utilities Manual E. Vermont Pedestrian and Bicycle Facility Planning and Design Manual F. American Association of State Highway and Transportation Officials (AASHTO) Roadside Design Guide G. AASHTO Guide for Design of Pavement Structures H. The most recent version of the Highway Capacity Manual I. VTrans Hydraulics Manual J. The Approved Project Environmental Document K. VTrans Structures Manual L. Code of Federal Regulations (CFR), Titles 23 (Highways), 48 (Federal Acquisition Regulations System) (FARS), and 49 (Transportation) M. VTrans Procedures for Selecting Contractors and Specifications for Contractor Services, Including Customary State Contract Provisions, but only to the extent not inconsistent with this Grant Agreement. N. AASHTO Specifications for Highway Bridges O. VTrans Design Exception Procedure P. VTrans Right-of-Way Manual Q. VTrans Policy for CADD standards R. U.S. Department of Justice rules implementing the Americans with Disabilities Act (ADA), 28 CFR Part 36) S. Municipal Assistance Bureau Guidebook T. Transportation Enhancement Operations Program Manual If the Grantee believes that there is a discrepancy in the information contained herein or in the above- listed requirements, the Grantee shall notify the State. The State, after consultation with the Grantee, will, in its sole discretion, determine which requirement takes precedence.
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ATTACHMENT G PERSONNEL REQUIREMENTS AND CONDITIONS
A. Standards of Conduct
1) No employee, officer or agent of the Subrecipient shall participate in the selection, award or administration of a contract support by state or federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:
the employee, officer or agent, or
any member of his or her immediate family, or
his or her partner, or
an organization which employs, or is about to employ, any of the above,
has a financial or other interest in the consultant or contractor selected for award. Subrecipient’s officers, employees or agents will neither solicit nor accept gratuities, favors or any gift of any kind or value from consultants, potential consultants, contractors, potential contractors, or parties to sub-
agreements. Violation of this standard will result in penalties, sanctions, or other disciplinary actions to
the extent permitted by State, Federal or local law. 2) Except where it conflicts with fairness toward competitors, Subrecipient shall avoid any appearance of a conflict of interest in the award of a contract. If there is such an appearance of a conflict
of interest wherein a reasonable person might conclude that the contractor was selected for improper
reasons, the Subrecipient shall disclose that fact and, regardless, should document its reasons for selection all contractors. B. The Subrecipient shall employ only qualified personnel in responsible charge of the supervision of
work.
C. Except with the approval of the State, during the life of this Agreement, the Subrecipient will not employ:
1) Personnel on the payroll of the State who are directly involved with the awarding,
administration, monitoring, or performance of the contract or the Project(s) which are the subject(s) of this Grant Agreement, or 2) Any person so involved within one (1) year of termination of employment with the State.
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ATTACHMENT G PERSONNEL REQUIREMENTS AND CONDITIONS (CONTINUED)
D. The Subrecipient warrants that no company or person has been employed or retained other than a bona fide employee working solely for the Subrecipient to solicit or secure this Agreement and that no company or person has been paid or has an agreement with the Subrecipient to be paid other than a bona fide employee working solely for the Subrecipient any fee, commission, percentage, brokerage fee, gift
or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of the warranty, the State shall have the right to annul this Agreement without liability to the State and to regain all costs incurred by the State in the performance of the Agreement.
E. The State reserves the right to require the removal from the Project any person employed by the Subrecipient for misconduct, incompetence or negligence, as determined by the Secretary of the Vermont Agency of Transportation, in the due and proper performance of his/her duties or who neglects or refuses to comply with the requirements of this Agreement.
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ATTACHMENT H REQUIRED SUBMITTALS, STATE LIAISON, WAIVER OF STANDARDS AND MODIFICATIONS OF DESIGN STEPS, PLANS, DOCUMENTS AND ESTIMATES
Required Submittals: Conceptual Plans, Final Plans and Contract Plans, Specifications and Estimates Draft Scoping Report and Final Scoping Report
State Liaison: Derek Kenison, Project Manager Waivers of Standards: None
Modifications of Project Design Steps, Plans, Documents and Estimates: None
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Assurance Appendix A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) willcomply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal HighwayAdministration (FHWA), as they may be amended from time to time, which are hereinincorporated by reference and made a part of this contract.
2.Nondiscrimination: The contractor, with regard to the work performed by it during thecontract, will not discriminate on the grounds of race, color, national origin, sex, age,disability, income-level, or LEP in the selection and retention of subcontractors, includingprocurements of materials and leases of equipment. The contractor will not participate
directly or indirectly in the discrimination prohibited by the Acts and the Regulations asset forth in Appendix E, including employment practices when the contract covers anyactivity, project, or program set forth in Appendix B of 49 CFR Part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials andEquipment: In all solicitations, either by competitive bidding, or negotiation made by the
contractor for work to be performed under a subcontract, including procurements ofmaterials, or leases of equipment, each potential subcontractor or supplier will benotified by the contractor of the contractor’s obligations under this contract and the Actsand the Regulations relative to Non-discrimination on the grounds of race, color, nationalorigin, sex, age, disability, income-level, or LEP.
4.Information and Reports: The contractor will provide all information and reportsrequired by the Acts, the Regulations and directives issued pursuant thereto and willpermit access to its books, records, accounts, other sources of information, and itsfacilities as may be determined by the Recipient or the FHWA to be pertinent toascertain compliance with such Acts, Regulations, and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails orrefuses to furnish the information, the contractor will so certify to the Recipient or theFHWA, as appropriate, and will set forth what efforts it has made to obtain the
information.
5.Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the
Non-discrimination provisions of this contract, the Recipient will impose such contractsanctions as it or the FHWA may determine to be appropriate, including, but not limitedto:
a.withholding payments to the contractor under the contract until the contractorcomplies; and/orb.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphsone through six in every subcontract, including procurements of materials and leases ofequipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The contractor will take action with respect to any subcontract or procurement
ATTACHMENT I
DOT Standard Title VI Assurances and Non-Discrimination Provisions
(DOT 1050.2A) - Assurance Appendix A and Assurance Appendix E
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as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved
in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
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Assurance Appendix E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), as implemented by 49 C.F.R. § 21.1 et seq. and 49 C.F.R. § 303;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (102 Stat. 28.), (“….which restore[d] the broad
scope of coverage and to clarify the application of title IX of the Education Amendments
of 1972, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964.”);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq), as implemented by 49 C.F.R. § 25.1 et seq.
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575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
To: Kevin Dorn, City Manager
From: Ashley Parker, Project Manager
Cc: Justin Rabidoux, Director of Public Works
Subject: Authorize the City Manager to Execute the SFY 2021 VTrans Transportation
Alternatives Program Grant Agreement to fund the design and construction of
the Phase 1: Spear Street Bike/Ped Improvements project.
Date: May 25, 2021
Background:
Each year, VTrans offers funding through their Transportation Alternatives
Program bicycle and pedestrian improvements. This year, the City submitted a
grant application to this program for Design and Construction in the Bicycle
and Pedestrian Facilities category, which would utilize federal funding for the
design and construction of a shared use path connection along a 3,500-foot
long gap on Spear Street, between the UVM Forestry Building and Swift Street
(Phase 1: Spear Street Bike/Ped Improvements). The project would also look
at a realignment of the Swift Street intersection..
The Phase 1: Spear Street Bike/Ped Improvements projects will close a gap in
infrastructure between the UVM Forestry Building and Swift Street. It will
also look at the realignment of Spear Street at the Swift Street intersection,
which will slow traffic and create smoother and safer crossing conditions for
bicyclists and pedestrians. The project will provide a 10-foot wide paved path,
and would improve a section of Spear Street that is in need of a safe, off-road
path for users. This project will link five existing shared use paths and connect
residents in the northwest quadrant of the City to the City’s downtown,
restaurants and businesses, the middle and high schools, and several parks and
other neighborhoods.
In March, the City was notified that this project was selected for funding. The
grant will cover 80% of the project’s design and construction costs, and the
City will need to provide a 20% match. The official grant award will be
$300,000, and is the maximum award allowed under this program. The City’s
required match will be $75,000; but as the total project cost is approximately
$604,229.78, the total City funds allocated for this project will be
approximately $120,845.80. This project is included in the Bicycle &
Pedestrian Committee’s Penny for Paths project list which is one of two
proposed sources of funding for the required matching funds. The Committee
approved of the allocation of $200,000 from the Penny for Paths fund for this
project in the most recent Capital Improvement Program budget for Bike/Ped
Improvements, and an additional $150,000 has been allocated from Recreation
Impact Fees. The total proposed allocation of City funds is $350,000, which
will assist the City in ensuring this project reaches completion.
In order to receive the grant funds, the City is required to sign the attached
agreement with the state, Agreement #CA0668. In pertinent part, the
Agreement has the following stipulations:
• It is a 20% matching grant. As stated above, the City’s required match
is $75,000.00, though the total City funds allocated for this project will
be approximately $120,845.80 as the total cost of the project is
significantly more than the maximum award allowed.
• The City will manage the design and construction of this project
• The project will comply with all City, State, and Federal requirements.
• The City will have a repayment obligation if the project is not
constructed.
• The City will be responsible for maintaining the completed facility.
Once the agreement is signed, the City would begin working with VTrans on
selecting a design consultant as early as June 2021, with construction
beginning at the end of 2024.
Attachments: • Copy of VTrans Grant Agreement
Recommendations: Authorize the City Manager to sign the VTrans Grant Agreement for the
design and construction of the Phase 1: Spear Street Bike/Ped Improvements
project.