Department of Buildings and General Services Agency of Administration BGS Financial Operations Office of Purchasing & Contracting 10 Baldwin St [phone] 802-828-2211 Montpelier VT05633-7501 [fax] 802-828-2222 http://bgs.vermont.gov/purchasing
SEALED BID
REQUEST FOR PROPOSAL
Excess Liability Program
ISSUE DATE: April 19, 2012
QUESTIONS DUE BY: May 9, 2012 at 4:30 PM
DUE DATE and TIME: June 15, 2012 at 1:00 PM
LOCATION OF BID OPENING: 10 Baldwin St, Montpelier
PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND AMENDMENTS ASSOCIATED WITH THIS RFP WILL BE POSTED AT:
http://bgs.vermont.gov/purchasing/bids
THE STATE WILL MAKE NO ATTEMPT TO CONTACT VENDORS WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH VENDOR TO PERIODICALLY CHECK http://bgs.vermont.gov/purchasing/bids FOR ANY AND ALL NOTIFICATIONS, RELEASES AND AMENDMENTS ASSOCIATED WITH THE RFP.
PURCHASING AGENT: Linda Wortman TELEPHONE: (802) 828-4658 E-MAIL: [email protected] FAX: (802) 828-2222 STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 1
1. OVERVIEW: 1.1. SCOPE: The Office of Purchasing & Contracting is seeking to establish purchasing agreements with one or more companies that can provide that can provide a program of insurance for general and automobile liability, employment practices liability and discrimination or an excess liability program covering the operations of the State of Vermont. Proposals may be submitted by a company or companies or their agents licensed to transact business in the State of Vermont. Vendors preparing responses will not be compensated for their proposal efforts. 1.2. BACKGROUND: Prior to 1990 the State purchased commercial insurance for a fully insured program. The limits then in effect were $75,000 per person / $300,000 per occurrence. These values had been in place since the early sixties. In 1988 the State began a two-step process to bring its sovereign immunity limits to the current values. In 1989 a statute was passed enabling the State to self-insure some or all of its liability exposure. The State began its current program of self-insurance/excess insurance on July 1, 1990. Self-insured retentions were $150,000 for the first three years of the program and then were changed to $250,000 for the remainder of the term. Effective July 1, 2011 the tort claim limits were again revised in an effort to retain relevance and to maintain a consistent relative value with the intent of the original framers of the tort claims act. The current limits are $500,000 per person / $2,000,000 per occurrence. With the change to the tort claims limits, the self insured retention that the state maintains was changed to $500,000 per occurrence. Vermont enjoys a strong tort liability act that provides for immunity excess of $500,000 per person and $2,000,000 per occurrence under state law. There are also a number of areas where absolute immunity is imposed (see 12 V.S.A. §5601-5605, copy attached, to review the current statute). The practice of the State is to review current limits to ensure their relevance to the legislative intent of providing fair compensation to injured parties while protecting the state from unreasonable awards. There is an ongoing possibility that these values may be adjusted during the next three years but it would be extremely unlikely given the recent revision effective July 1, 2011. Any revision would be enacted in an effort to maintain the real value of the limits relative to those values when statute was initially passed. This would potentially have an impact on the requested insured limits, the self insured retention, and possibly on damage awards. The State employed Crawford & Company as its third party administrator (TPA) from 1990 through 2005. The State then took over the administration of new claims in-house while allowing Crawford to continue to administer existing claims. In June of 2007 the State assumed in-house administration of the remaining caseload releasing Crawford from further responsibilities. 1.3. CONTRACT PERIOD: Contracts arising from this request for proposal will be for a period of three years. Proposed start date will be July 1, 2012 1.4. CONTRACT VALUE/QUANTITY: The estimated annual value of this contract is $375,000. The annual value and quantities are estimated only based on prior usage; actual purchases may be higher or lower depending on the state’s needs. 1.5. SINGLE POINT OF CONTACT: All communications concerning this Request For Proposal (RFP) are to be addressed in writing to the attention of: Linda Wortman Purchasing Agent, State of Vermont, Office of Purchasing & Contracting, 10 Baldwin St - Montpelier, Montpelier, VT 05633-7501. Linda Wortman, Purchasing Agent is the sole contact for this proposal. Actual contact with any other party or attempts by bidders to contact any other party could result in the rejection of their proposal. 1.6. BIDDERS’ CONFERENCE: A bidders’ conference will not be held. 1.7. QUESTION AND ANSWER PERIOD: Any vendor requiring clarification of any section of this proposal or wishing to comment or take exception to any requirements or other portion of the RFP must submit specific questions in writing no later than May 9, 2012 at 4:30pm. Questions may be e-mailed to [email protected] . Any objection to the RFP, or to any provision of the RFP, that is not raised in writing on or before the last day of the question period is waived. At the close of the question period and after a reasonable period of time to develop responses, a copy of all questions or comments and the State's responses will be posted on the State’s web site http://bgs.vermont.gov/purchasing/bids . Every effort will be made to have these available as soon after the question period ends as possible; contingent on the number and complexity of the questions. STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 2
1.8. INSTRUCTIONS FOR BIDDERS: see sections 5 and 6. 2. DETAILED REQUIREMENTS: The State of Vermont is soliciting bids to provide coverage for its general and automobile liability, civil rights, discrimination, and employment practices liability. This is a broad program covering all operations of the state. The statewide Driver’s Education Program (driver’s training for high school students) is included in the overall automobile program affording automobile liability and physical damage coverage. A primary program for physical damage coverage for this fleet of driver’s education vehicles is specifically requested. Entities covered under the program are defined in VSA Title 3: Executive, Chapter 29: CLAIMS AGAINST STATE EMPLOYEES 3 V.S.A. § 1101. Obligation of state to defend employees; definition (http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=03&Chapter=029&Section=01101 ) Proposals may include all or part(s) of the total RFP. You must indicate in your initial proposal if any portion of your proposal cannot stand by itself. The state retains the right to select all or part of any submitted proposal. Each discrete area of your proposal should be presented reflecting the individual unit pricing. The state does not approach this RFP with any preconceived ideas of what form this program should take. We are currently operating with a self-insured retention program with a specific stop-loss limit. We are interested in exploring the cost and availability of an aggregate stop-loss program as an option. It is the policy of the state to look at all proposals with an open mind and to select the program that serves the best interests of the state. It is important that bidders be clear and concise regarding program parameters and the strengths of proposal(s). You must include copies of all policy forms and endorsements as part of your proposal package. As is true with other governmental bidding opportunities, this is a single, sealed bid process. While you may present more than one proposal/option, this is your only opportunity to present your best program(s). There will be no opportunity to come back and revise your pricing/proposal following the bid opening. 2.1. ALTERNATE PROPOSALS: Alternate proposals are invited and may take any form deemed advantageous by the state. Options may include fully insured, large deductible, self insured retention, or fully self insured programs providing full third party administrative services. Both specific and aggregate stop-loss options are invited. Other alternatives will be entertained. All serious proposals will be reviewed and evaluated. Any alternate proposals should fully outline any proposed program. Items to address include, but are not limited to: full program parameters, financing costs; loss adjustment costs; levels of service provided and those available on a fee basis with fee schedules; schedule of available staff for claims adjustment (if proposed) within Vermont, and response timetables as well as any policy forms and endorsements. Under all program scenarios the state will retain the right of first refusal regarding representation for all litigated cases. Prior to counsel selection, the Risk Management Division will review for determination and direction. In addition, the office of the attorney general shall have the right to participate in the defense of all claims, even those defended by (outside) insurance counsel. 2.2. AUTHORITY TO SELF-INSURE: The State is authorized to self insure liability for the activities of all state agencies, legislature, departments, state colleges, judiciary, quasi-state agencies, boards, commissions and employees, as defined in 3 V.S.A. § 1101 (29 V.S.A. § 1406. Liability insurance, http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=29&Chapter=055&Section=01406 ). Note; while we are authorized to assume the liability of the state colleges, we do not include them in our program and no coverage is requested for that entity. 2.3. NAMED INSURED: The named insured shall read on all policies: “The State of Vermont and any officer or employee thereof while acting within the scope of their duties as such.” Employee is defined in 3 V.S.A. §1101 (http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=03&Chapter=029&Section=01101). 2.4. SCOPE OF COVERAGE: All activities of the State are to be covered except those of the political instrumentalities known as the University of Vermont and The Vermont State Colleges. The program must provide broad coverage limited by the provisions of sovereign immunity as shown in attached statutes. No afforded coverage may infringe on areas of immunity. (See 12 V.S.A. §5601, e, (1) - (8), http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=12&Chapter=189 ). Claims coming to the State may originate in a multitude of venues and may include state and Federal law. 2.5. CURRENT PROGRAM: Our current program has a self-insured retention (SIR) with no aggregate stop- loss or policy aggregate. The self-insured retention is $500,000 per occurrence. Loss adjustment costs STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 3
do not erode the SIR and occurrence limit. Excess coverage meets statutory limits of $500,000 per person/$2,000,000 per occurrence. Limits are $1,500,000 excess $500,000 SIR subject to a $500,000 per person sub limit for those claims subject to the Vermont Tort Claims Act (See 12 V.S.A. §5601, e, (1) - (8), http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=12&Chapter=189). There is a second policy covering claims not subject to the State Tort Claims Act with a $10,000,000 per occurrence limit excess of $500,000 SIR. The distinction is crafted as a simple endorsement with statutory limits ($500,000 per person / $2,000,000 per occurrence; $1,500,000 excess of $500,000 SIR and subject to $500,000 per person limitation) afforded for those claims subject to the Vermont Tort Claims Act. The second policy affords coverage for those claims not subject to the Vermont Tort Claims Act currently provide limits of $10,000,000 excess of $500,000 SIR. The Office of the Attorney General provides legal services for all litigated liability claims (unless prohibited by a conflict of interest). There is a dedicated civil litigation unit in the Office of the Attorney General providing the bulk of legal services to this program. This team of lawyers is jointly housed in Montpelier. Additionally there is a group of attorneys that specialize in employment practices claims and another group that handle the majority of claims coming from the department of corrections. When there is a conflict situation for the Office of the Attorney General, private contract representation is employed. Claims administration services are provided by an in-house claims adjustor. 2.6. LITIGATION: A simple consent to settle endorsement is required. The state is often the target of frivolous lawsuits and we have an especially strong interest in overseeing the settlement of claims. 2.7. CANCELLATION: The State of Vermont requires ninety-day (90) notice of cancellation for any cause, including non-payment of premium, as a minimum. 2.8. NOTICE OF CLAIM: Revised standard policy conditions: insured’s duties in the event of an occurrence, claim, or suit shall read: “In the event of an occurrence a written notice shall be provided by the insured to the company or any of its authorized agents as soon as practicable after knowledge of such occurrence by the Buildings and General Services Department, Office of Risk Management. Such written notice shall include sufficient information to identify the insured, any reasonably obtainable information with respect to the time, place, and circumstance of the occurrence, and the names and addresses of the injured and of any available witnesses.” 2.9. VERMONT NATIONAL GUARD: Liability of the Vermont National Guard: effective December 28, 1981, the United States Congress passed public law 97-124, which extended protection available under the Federal Tort Claims Act to act or omissions of members of the National Guard. The intent of the act is to provide federal coverage for both indemnification and defense in the case of acts or omissions of guardspersons while on federal duty status, within the scope of their duties. Members of the guard are covered while engaged in training duties or other activity covered by Title 32, United States Code 316, 502, 503, 504, and 505. Thus, the United States has become the principal party liable and responsible for any torts committed by National Guard members which occurred during inactive duty training, annual training, and any other training or duty under Title 32, U.S.C. (Including active guard reserve and active duty support duty under Title 32, United States Code 502(F)). The Federal Tort Claims Act does not cover both medical malpractice and motor vehicle accidents involving National Guard personnel. Thus, pursuant to the act, it will be impossible for a guardsperson acting within the scope of his/her duties pursuant to a bona fide National Guard function, to be individually prosecuted for acts of either malpractice or omission causing injury or damage to a third person. The United States Government will step in and defend and/or indemnify for any potential liability in such circumstances. Under the Provisions of Vermont Statute 20 V.S.A. §601 (http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=20&Chapter=029&Section=00601 ), the Governor may call members of the Vermont National Guard to State active duty. In these instances, the Federal Tort Claims Act would not apply and the state’s liability program would be responsible for coverage. Please provide an endorsement to indicate coverage during call-up under provisions of Title 20 V.S.A. §601 by the Governor. Call-ups would normally include vehicles owned by the National Guard as well as other vehicles used by them with permission. The State calls up the National Guard at times of local emergency such as flooding or other natural disaster. STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 4
2.10. GENERAL LIABILITY SPECIFICATIONS:
2.10.1. LIMITS:
General Liability For claims subject to Vermont Tort Claims Act $ 500,000 Each Person $ 2,000,000 Each Occurrence ($1,500,000 excess $500,000 SIR) (Please note, the $500,000 per person limitation should apply to the entire assumed layer)
For claims not subject to Vermont Tort Claims Act $10,000,000 Each Occurrence excess of $500,000 SIR
Specifically identify any program / policy aggregates.
Aggregate limits are subject to the policy form used. If a policy aggregate is proposed, the aggregate limit must be adequate to protect the interests of the State of Vermont. 2.10.2. Coverage Extensions: Coverage extensions are to include at minimum: 2.10.2.1. Coverage is to be on an occurrence basis 2.10.2.2. Bodily injury to include mental anguish and mental injury 2.10.2.3. Consent of the State of Vermont to settle any claim 2.10.2.4. Premises and operations; all activities of the State of Vermont 2.10.2.5. Broad Form Property Damage-including completed operations 2.10.2.6. Products/completed operations liability 2.10.2.7. Employee benefits liability 2.10.2.8. Discrimination coverage 2.10.2.9. Police/law enforcement professional liability 2.10.2.10. Civil rights coverage 2.10.2.11. Blanket contractual liability including oral and written contracts 2.10.2.12. Personal injury (Exclusion C deleted). Delete “Fellow employee” exclusion. 2.10.2.13. Personal injury coverage to include contractual liability 2.10.2.14. Advertising injury 2.10.2.15. Host Liquor Liability including rental of property from others 2.10.2.16. Liquor liability for the Department of Liquor Control and the State of Vermont 2.10.2.17. Premises medical payments - $25,000 per person/$50,000 per occurrence 2.10.2.18. Employees shall be additional insureds while acting within their scope of duties as such. Coverage for all State employees as defined in 3 V.S.A. §1101 (http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=03&Chapter=029&Section=01101) as additional insured 2.10.2.19. Volunteers as defined by Vermont Statutory Law shall be considered employees and additionally insured 2.10.2.20. Delete fellow employee exclusion 2.10.2.21. School professional liability coverage without deductible (but still subject to SIR) STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 5
2.10.2.22. Professional Liability: Certain departments have professional liability exposure. It is our intention that the State of Vermont and all employees be covered for professional liability, medical and non-medical. Individual employees are immune from suit as the sole course of action lies against the State (12 V.S.A. §5601-5605, http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=12&Chapter=189 ). Professional liability coverage to include the following groups: 2.10.2.22.1. Hospital professional liability insurance is to include any physician, dentist, pharmacist, psychologist, medical examiner, technician, nurse, or dental hygienist while acting within the scope of his/her duties as such. No exclusion should apply to the personal acts or omissions of a professional nature relative to this group of professionals 2.10.2.22.2. Attorney General or his/her staff, Defender General or his/her staff, State’s Attorneys or his/her staff 2.10.2.22.3. Any Vermont State Highway engineer or other engineers that may be employed throughout the State workforce including those in the department of buildings and general services and in the agency of natural resources 2.10.2.23. Elimination of “care, custody, and control” exclusion 2.10.2.24. Owned watercraft of all types (specifically in the Department of Public Safety, Fish and Wildlife Department, and Forest, Parks and Recreation Department, Agency of Natural Resources. Others as may occur) 2.10.2.25. Hired and non-owned watercraft 2.10.2.26. Operations of, all unlicensed (mobile equipment) to include road construction, maintenance and other special equipment 2.10.2.27. Garage Keepers’ Legal Liability and Garage Keepers Liability 2.10.2.28. “XCU” coverage 2.10.2.29. Fire damage legal liability-limit of $500,000 2.10.2.30. Privacy & Security liability coverage; both electronic and non-electronic breaches 2.10.2.31. All elevators 2.10.2.32. Coverage for Agency of Human Services “Summer Program for Economically Disadvantaged Youth” for day camps and youth recreation programs 2.10.2.33. Vermont Snowmobile Endorsement 2.10.2.34. Vermont Statutory Endorsement 2.10.2.35. Current/Proposed Immunity Endorsement: (see attached current policy endorsement ) 2.10.2.36. Additional insured (employees) to include authorized instructors in the Hunter and Firearm Safety program of the Vermont Fish and Wildlife Department 2.10.2.37. Coverage for airport operations per attached listing in general underwriting data, agency of transportation 2.10.2.38. Worldwide liability-provided original suit brought in United States, its territories or possessions, Puerto Rico or Canada 2.10.2.39. Punitive and exemplary damages where allowed by law 2.10.2.40. Liberalization clause to apply 2.10.2.41. Accidental pollution loss coverage 2.10.2.42. Include coverage for Alienated Premises (remove the property damage exclusion for premises alienated by the insured) STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 6
2.10.2.43. Under Supplementary Payments, reimbursement to an insured to assist the carrier in defending a claim minimum of $500 per day 2.10.2.44. Waive right of subrogation against all employees
2.11. AUTOMOBILE LIABILITY SPECIFICATIONS
2.11.1. LIMITS
Automobile Liability For claims subject to the Vermont Tort Claims Act $ 500,000 per Person $ 2,000,000 per Occurrence ($1,500,000 excess $500,000 SIR) (Please note, the $500,000 per person limitation should apply to the entire assumed layer)
For claims not subject to Vermont Tort Claims Act $10,000,000 Each Occurrence
$ 500,000 Uninsured and Underinsured Motorist $ 50,000 Medical Payments
2.11.2. Coverage extensions to include: 2.11.2.1. Comprehensive basis - Coverage for “Any Auto” 2.11.2.2. Hired and non-owned liability 2.11.2.3. Consent of the State of Vermont to settle any claim 2.11.2.4. Employees as additional insured. Coverage for all State employees as additional insured as defined in 3 V.S.A. §1101 (copy attached) 2.11.2.5. Volunteers shall be considered employees and additionally insured 2.11.2.6. Delete fellow employee exclusion 2.11.2.7. Current/Proposed Immunity Endorsement (see attached current policy endorsement ) 2.11.2.8. Vermont endorsement 2.11.2.9. Endorsement to cover Public Transportation Automobiles 2.11.2.10. Endorsement to cover Social Services Agencies’ volunteers as insured 2.11.2.11. Endorsement to cover employees operating their personally owned vehicles on State business 2.11.2.12. Personal Injury protection - per state 2.11.2.13. Use of other Auto Coverage 2.11.2.14. Basic Reparations (No Fault) - per state 2.11.2.15. Punitive and exemplary damages where allowed by law 2.11.2.16. Include Coverage for hired autos specified as owned autos 2.11.2.17. Provide “Fleet Automatic” coverage 2.11.2.18. Include “Drive Other Car” Coverage 2.11.2.19. Waive right of subrogation against all employees 2.11.2.20. The successful bidder will be required to furnish vehicle permit certificates of insurance for travel to Canada as necessary STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 7
2.11.2.21. It is the intention of the State to cap uninsured / underinsured motorist (UIM) coverage to $500,000 per occurrence. It is not the intention of the State to specifically request coverage for uninsured / underinsured losses, but it is conceivable that the combined cost for a loss that exceeds $250,000 may include elements of UIM and any payments made relative to UIM should serve to exhaust the SIR.
2.12. DRIVER’S EDUCATION PROGRAM SPECIFICATIONS:
2.12.1. LIMITS For claims subject to the Vermont Tort Claims Act $ 2,000,000 per Occurrence ($1,500,000 excess $500,000 SIR) (Please note, the $500,000 per person limitation does not apply to claims under the driver’s education program. The $500,000 SIR does apply)
For claims not subject to Vermont Tort Claims Act $10,000,000 Each Occurrence
$ 500,000 Uninsured and Underinsured Motorist $ 50,000 Medical Payments
Physical Damage Deductibles
$ 100 Comprehensive $ 250 Collision
2.12.2. Coverage Extensions:
2.12.2.1. Coverage is to track with coverage extensions outlined under the master auto liability policy. 2.12.2.2. As an option first dollar coverage for physical damage subject to deductibles referenced above is specifically requested. We do not currently have this coverage. The coverage for driver education vehicles may be written under a separate policy or combined with the master auto program. Premiums for this coverage are to be separately invoiced. All physical damage claims are to be paid directly to the high school making the claim or dealers providing the vehicles. 2.12.3. Exposure: 2.12.3.1. The fiscal year 2007 exposure was eighty-two (82) private passenger automobiles driven a total of 23,276 training days. 3. UNDERWRITING INFORMATION
Much of the information below is available in expanded fashion at the web site for the State of Vermont, http://www.vermont.gov/portal/government/ . Simply start at this home page and follow the connections to the individual state departments.
3.1. Aircraft The State owns one fixed wing aircraft (four seat Cessna) with its own commercially insured aircraft policy with limits of $1,000,000. It is conceivable that the excess policy may be called upon to be responsive to a claim relative to the operation of this aircraft, but highly unlikely given statutory tort limitations.
3.2. Airports There are ten state owned airports. All are operated by contract FBOs (fixed base operators). The FBOs are obligated under contract to provide at minimum $1,000,000 in liability limits covering their operation of the airport. The State would expect to incur liability in excess of the FBO’s coverage and the excess policy STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 8
would then be exposed excess of the $250,000 SIR. If the State were to incur independent liability, the excess policy would potentially be exposed excess of the standard $250,000 SIR. See the referenced web site for information specific to each airport. Please note that there are municipal and private airports listed on this website in addition to those owned by the state. http://airports.vermont.gov/
3.3. Ambulance Services – EMT Services No ambulance services are provided by the State proper. The National Guard does provide crash coverage at Burlington International Airport with the shift split between fire fighting and rescue responsibilities. Rescue services only are provided to the surrounding community.
3.4. Amusement Parks and Zoos None
3.5. Animal Control Pound None
3.6. Asbestos in Buildings The State does only emergency, patch and go type remediation. Any significant or planned asbestos removal is contracted out to licensed removal contractors.
3.7. Auto Repair The only third party work that is performed would be for towns and villages, and only a very limited amount of this is performed and only as time away from owned vehicles allows.
3.8. Beach or Lakes See the Department of Forests and Parks listing of state parks at http://www.vtstateparks.com/. There are fifty-two parks in our state park system.
3.9. Blasting Operations All work would be contracted out to licensed blasters.
3.10. Borders The State does not have primary responsibility for border security. We provide backup as necessary.
3.11. Bridges 2,688 long structures - over 20’ 1,294 short structures - 6-20’
3.12. Camps See the Department of Forests and Parks listing of state parks at http://www.vtstateparks.com/. There are fifty-two parks in our state park system.
3.13. Cemeteries The military department operates one cemetery in Randolph Center for veterans and there is a second cemetery at the Vermont Veterans Home.
3.14. Chemical Spraying Pesticides applied by Vermont State Employees in 2007. The application pattern has not changed significantly since then. 3.14.1. Vermont Fish and Wildlife 6924 lbs. of TFM (lampricide) to the Poultney River. 8 Gallons of Glyphosate to control invasive plants
3.14.2. Vermont Forests, Parks and Rec. +/- 10 Gallons of Glyphosate to control invasive plants and Poison Ivy, and; 120cc Dicamba for forestry purposes STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 9
3.14.3. Vermont BGS 1 Gallon Glyphosate to control grasses along prison fences. 1.32 oz Demon WP (insecticide) for indoor pest control in state buildings.
The Agency of Transportation, contracts their Guardrail spraying with Vegetation Control Services (VCS) out of Athol Mass. and all of the mosquito larviciding work is done by the control districts and they contract with the Lemonfair district or JBL services out of New Hampshire, for aerial application.
3.15. Concession Stands Private contractors run all concessions. The protocol for state personal service contracts would require liability limits of $1,000,000 per occurrence.
3.16. Contracted Services The State as a rule does not contract out its core services; those services usually reserved to the government. An exception would be corrections and their contracting for food and health services. Other contracted services range from bridge and road construction to actuarial services. Contracts are governed under the authority of the Secretary of Administration, Bulletin 3.5 http://www.adm.state.vt.us/sites/aoa/files/pdf/AOA-Bulletin_3_5.pdf . Contracts are subject to review by the office of the attorney general dependent upon size.
3.17. Convention Centers None
3.18. Correctional Facilities
Facility Location Average Role Square Daily Footage Population Northeast Regional Saint 131 detention, minimum, medium, close 35,815 Correctional Facility Johnsbury ,Fed ,US INS Northwest State Correctional Saint 234 minimum, medium, close, program, 75,217 Facility Albans Fed, US INS Chittenden Regional Burlington 183 detention, minimum, medium ,Fed, 43,021 Correctional Facility US INS Marble Valley Regional Rutland 129 detention, minimum, medium, close, 36,438 Correctional Facility Fed, US INS Northern State Correctional Newport 356 minimum, medium, close, program, 136,923 Facility Fed, US INS Caledonia Work Camp Saint 98 minimum 24,056 Johnsbury Southeast State Correctional Windsor 340 female 31,319 Facility Southern State Correctional Springfield 98 minimum, medium, close, program, 141,544 Facility medical, Fed, US INS
Out of State * Kentucky 407 Oklahoma 124 Tennessee 13 Out of State Total 543 * Average population over several dates in 2007
STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 10
Overcrowding issues are met through a combination of techniques including moving offenders around the state as populations fluctuate, review of offender population to allow non-violent offenders a lower level of supervision, and adjusting out-of-state placement numbers. In-facility suicides would be investigated by the departments of corrections, public safety, and often by the office of the attorney general. Additional information is available at http://www.doc.state.vt.us/.
3.19. Dams/Reservoirs See Attachment Dam Data
3.20. Daycare - Child or Adults The State does not directly operate any day care facilities.
3.21. Detox Center None.
3.22. Driver’s Education The State provides automobile liability coverage for public driver’s education programs around the state. Vehicles used for driver’s education (and driver’s education only) are “plated” with a State license plate. Only these specific vehicles are under coverage. This aspect of the program is not constrained by the $500,000 per person limitation but it is subject to the $500,000 SIR.
3.23. Employee Benefits Liability There are four self-insured plans administered by Cigna.
3.24. Emergency Disaster Plans Emergency Management, within the Department of Public Safety, is the agency responsible for coordinating emergency response across the state including municipalities and the public at large. http://vem.vermont.gov/ Individual departments have plans in place at varying degrees of completion / complexity.
3.25. Fairs, Carnivals, Festivals None are sponsored by the State. The State does take part in various fairs throughout the State as well as at the New England Exposition in Massachusetts. .
3.26. Foster Parent Program Approximately 1,391licensed foster homes open in the state of Vermont serving 1,294 children and youth in custody. Additional information is available at http://projectfamilyvt.org/
3.27. Fire Department The State is not responsible for any full time or volunteer fire departments. The State provides crash service to Burlington International airport by way of our military (National Guard) presence. The State does provide training for fire fighters in Vermont. The Fire Service Training Council is responsible for this program. http://firesafety.vermont.gov/
3.28. Fireworks Display None
3.29. Highway Infrastructure Statistics 3.29.1. 2,708 miles of state highway 3.29.2. 16 public use airports (10 state-owned). 3.29.3. 600 miles of operating rail (305 miles state-owned, including 265 bridges) 3.29.4. 189 miles bike/pedestrian facilities consisting of: 3.29.5. 148 miles of rails to trails facilities 3.29.6. 27 miles of shared use facilities 3.29.7. 10 miles of sidewalks 3.29.8. 4 miles of on road facilities 3.29.9. 71 of the 189 miles have been funded through the Bike/Pedestrian Program STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 11
3.29.10. 40,000 culverts (6ft. or less in diameter) 3.29.11. 1,112 large culverts 3.29.12. 81,000+ traffic signs under VTrans jurisdiction 3.29.13. 130 traffic signals 3.29.14. 1,000 roadway lights (approx)
3.30. Hospital or Clinic The state owns and operates the Vermont State Hospital http://www.healthvermont.gov/mh/programs/hospital/hospital-services.aspx; a facility for the mentally ill formerly in Waterbury and now evolving into a new, coordinated state-wide system of care, and the Vermont Veterans Home http://vvh.vermont.gov/ ; a facility for long-term care nursing for veterans, mostly geriatric. Neither of the facilities is a "Medical Facility" unit per se. Both afford only lower level medical care and provide no acute care.
3.31. Ice Skating Rinks None.
3.32. Industrial Park Commission These are run locally. The State Department of Development and Community Affairs does not maintain membership on any boards or commissions.
3.33. Independent Contractors Transportation and State Buildings have adopted uniform requirements requiring all lines of coverage and $1,000,000 base liability limits. Other contractors (personal service contracts) are subject to attorney general review. There is a standardized format for personal service contracts. Contracts for commodities do not have to meet a standardized format. Either the Risk Management Division or the Office of the Attorney General may make exceptions as deemed appropriate following review.
3.34. Liquor Control Board The State is responsible for the regulation and distribution of hard liquor. Only stores accredited by and under contract with the State are allowed to sell liquor. There are 73 liquor outlets in the state. For more information please see the liquor control board web site at http://liquorcontrol.vermont.gov/
3.35. Parks See the Department of Forests and Parks listing of state parks at http://www.vtstateparks.com/. There are fifty-two parks in the state park system.
3.36. Railroad Operations The State owns much of the trackage in Vermont but leases track rights out to individual railroads to operate, maintain, and manage. The railroads provide their own coverage. The State does not directly operate or manage any track.
3.37. Schools The State regulates the school systems within the state through the Department of Education. The State operates a Community High School within the correctional system. This program is comprised of accredited classes offered to offenders younger than 21held at state facilities and youthful offenders under field supervision. Classes are offered at the state facilities and in selected field offices. Offenders would be eligible for a GED or, when possible, diplomas from the offenders regional high school. The state juvenile retention facility, Woodside, offers accredited classes as well under similar conditions. Education opportunities are offered in accordance with the requirements of the Department of Education to provide educational services to offenders younger than 21.
3.38. Sheriff’s Department The Sheriff’s Department is covered as an entity of the State only under very specific circumstances. Otherwise they are instruments of the county. The sheriffs as a group do have their own commercially purchased dedicated policies covering those operations that are not under the State umbrella. http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=24&Chapter=005&Section=00290 STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 12
3.39. Show and Sporting Facilities None.
3.40. Ski Facilities The State doesn't operate any ski facilities with lifts. Numerous parks and forests have cross-country trails through them, both developed and non-developed. There is a ski area on State owned land that is operated by private concerns with a 20-year lease. Currently, the minimum liability limit is $10,000,000.
3.41. Snowmobile Trails There is a statewide organization, VAST (Vermont Association of Snow Travelers, http://www.vtvast.org/), that develops and maintains the snowmobile trail network in Vermont. They receive a contract fee from the State; however they are not agents or employees of the State. There are contractual requirements that VAST maintain insurance with minimum $1,000,000 base liability limits.
3.42. Street Road Maintenance Operations include road and bridge repair and maintenance (both contracted and direct operations), operations to keep highways current (guardrail compliance, highway redesign and signage, etc.), highway snow removal and side-of-road clearing.
3.43. Transportation System None
3.44. TV Cable None
3.45. Underwater Historic Preserves Within the Division for Historic Preservation there are a number of underwater historic preserves. Please see the web site for additional information. http://www.historicvermont.org/sites/html/underwater.html
3.46. Utilities None.
3.47. Vacant Land There are many vacant acres. Some would be parkland, some forest, others may include highway rights- of-way to be developed, and some may be land donated to the State. All known hazardous locations/conditions are appropriately warned.
3.48. Vehicle Maintenance The Agency of Transportation and the Department of Public Safety have their own garage facilities. Otherwise most departments contract out for service.
3.49. Vermont Facts An outline of facts and figures relative to Vermont at large (population, landmass, etc.) please see the indicated website: http://www.infoplease.com/ipa/A0108281.html. Figures relating to the size of the state budget can be found at http://finance.vermont.gov/state_budget .
3.50. Vermont Tort Claims Act The Vermont Tort Claims Act (and the cap) remains very solid. There has not been any serious challenge to the limits. Additionally we have the sufficiency of the limits reviewed annually by our consulting actuary. We voluntarily increased the limits in 1989 and again in 2011and will continue to do so as needed to keep faith with the intent of the original drafters of this legislation and their intention to provide a fair balance between the need to compensate an injured citizen and the competing need of protecting the government for the work that it must perform. Based upon this information we report to the Legislature semi-annually for their review and consideration in odd numbered years. http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=12&Chapter=189 STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 13
3.51. Waste Services Construction/Disposal None.
3.52. Watercraft The department of forests, parks, & recreation has a number of canoes, rowboats, and paddle boats available for rent at selected state parks. In addition there is a landing craft that is used to ferry supplies to Burton Island State Park, one of our island parks in Lake Champlain. There is also a ferry boat used to transport passengers to and from the island. They are 56 and 57 feet long respectively. The ferry seats approximately 35 to 40 passengers. The department of fish & wildlife has approximately 40 plus motorized boats used by game wardens and biologists in their duties. The department of public safety has some miscellaneous boats and one larger motorboat that is used for police patrol duties on Lake Champlain. The agency of transportation has a small number of boats used for bridge inspections. STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 14
Description of Operations Report
Department Name Operations Description
Agency of Agriculture, Food, & Markets Protects animal and public health and welfare, maintain and improve environmental quality and ensure consumer equity in commerce
Agency of Transportation - Aviation Property management and operational supervision or public, private, personal airports and airstrips
Agency of Transportation - Central Garage Provides vehicle maintenance support and management
Agency of Transportation - Finance & Responsible for all activities necessary to support the Administration agency of transportation; auditing, human resources, technological support, administrative support, overseeing financial operations and appropriations, and holding hearings to testify on agency records
Agency of Transportation - General Maintaining state highway and airport facilities
Agency of Transportation - Policy & Planning Provides comprehensive, coordinated transportation plans for future improvements, to the transportation systems
Agency of Transportation - Project Development Responsible for development of projects from initial scoping to construction
Agency of Transportation - Railway Property management issues related to 300 miles of state owned railroad right of ways and accompanying real estate
Agency of Transportation - Technical Services Technical support including hydraulic analyses, utility coordination and access permitting, traffic data collection, analysis, and forecasting, environmental coordination and permitting, right of way activities, route survey, geodetic survey, mapping and GIS support
Agency of Transportation – Department of Motor Issues driver permits and licenses, vehicle registrations, Vehicles suspension and reinstatements. Enforces commercial vehicle regulations, collects motor fuel revenue and purchase and use tax. Provides highway safety and educational programs
Office of the Attorney General Provides legal services to ensure public protection, pursuit of state interests in courts and administrative forums, and that state agencies and officials are properly advised of their rights and responsibilities
Auditor of Accounts Independent and objective assessment of the state's governmental operations
Department of Banking, Insurance, Securities And Regulating banks, credit unions, money transmitters, Health Care Administration insurance companies, securities exchange, and health care in Vermont
Department of Buildings and General Services - Oversees and manages construction of new buildings, Administrative Services secures leased spaces, maintains buildings and services tenants with heat, power, custodial service, security, STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 15
telecommunications, mail services, copy services, supplies, record warehousing, purchasing, contracting, and insurance and risk management programs
Center for Crime Victim Services Administers the Victim Assistance and Victim Compensation Programs
Agency of Commerce & Community Development Provides managerial direction and support services to the agency
Department of Corrections Consists of 7 male and 2 female correctional facilities and 9 community correctional service centers which manage offenders in the community who need supervision, treatment and surveillance. Includes out-of-state placement in three states
Criminal Justice Training Council Establishes rules, regulations, policies and standards of certification for all police agencies in the state
Department of Aging & Independent Living Assist older Vermonters and people with disabilities to live as independently as possible, provide support, help to find and maintain meaningful employment, protect elders and adults from abuse, neglect, and exploitation. Provide public guardianship. Licenses health care and long term care services
Department for Children and Families Promotes safety, permanency and well-being for children at home or in alternative care settings, provides parentage, child support, medical support and protective services. Program coordination for quality early childhood services
Office of Defender General Provide representation to needy persons charged with serious crimes and to the parties in juvenile proceedings
Department of Economic Development Provides support to business by assisting them with finance, permitting, foreign trade, export finance, recruitment/expansion, government marketing, captive insurance, and financial services development
Office of Economic Opportunity Connects communities to resources within the government and the private sector in order to eliminate poverty
Education Department Setting education policy that improves student achievement in a safe and healthy learning environment
Enhanced 911 Commission Provides a statewide emergency telecommunications system
Environmental Board Provide a quasi-judicial process for reviewing and managing the environmental and fiscal consequences of major subdivisions and developments in Vermont
Department of Environmental Conservation To protect, sustain, and enhance Vermont's natural resources for the benefit of this and future generations
STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 16
Department of Finance & Management Budget and Management assists in developing of the Governors recommended budget, monitors and defends the passage through legislature, and manages adopted budget throughout the fiscal year. Financial Operations maintains and operates the state's centralized accounting system and generates reliable financial information
Fire Service Training Council Develop, administer, and coordinate the delivery of certified firefighter training to Vermont's Fire Service Personnel and allied organizations
Department of Fish & Wildlife Conservation of fish, wildlife, plants and their inhabitants for the people of Vermont
Department of Forests, Parks, & Recreation Statewide leader in the conservation, stewardship, and protection of Vermont's forest land, natural resources and outdoor recreational activities
Governor's Commission on Women Works to shape policy and find long-term solutions to problems that confront women and their families by increasing education and economic and social health
Department of Information and Innovation Provides technical support to agencies and schools throughout the state
Department of Health Develop programs to protect and promote the health of citizens in Vermont
Housing & Community Affairs Administers grant programs, provides technical assistance, and implements policy and statutes, regarding development and the preservation of historic, architectural, and archeological resources in Vermont
Human Rights Commission Has jurisdiction over claims of unlawful discrimination in housing, state employment, and in the provision of goods and services by businesses and by state and local governments
Agency of Human Services, Central Office Oversees departments within the agency as a whole
Joint Fiscal Committee Provides analytical and support services to legislation committees
Court Administrator’s Office The Vermont Judiciary is the unified court system of Vermont. Its governing body is the Supreme Court whose policies are administered through the Office of the Court Administrator. The Courts are Superior, District, Family, and Probate that are located in each of the 14 counties. Several counties have more than one probate court. There is also the Environmental Court and the Judicial Bureau that adjudicates and processes traffic violations and fish and game citations. The Supreme Court is also responsible for admission to the Vermont Bar and attorney conduct and discipline
Department of Labor Operates the following programs: Workers Compensation, Wage & Hour, VOSHA, Passenger Tramways, and STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 17
Occupational Health. Provides training services and administers unemployment benefits to eligible clients
Labor Relations Board Determines appropriate bargaining units, conducts representation elections, and adjudicates unfair labor practices between employers and employees
Department of Libraries Collects, organizes, and disseminates information and library materials in a variety of formats
Liquor Control - Administration Provides a controlled system for businesses and retailers generating revenue from alcohol and tobacco products
Liquor Control - Warehouse Receives and stores alcohol from vendors worldwide and distributes that inventory to agency outlets
Lottery Commission Operates and oversees both online and instant game products
Medical Practice Board Sets and enforces professional standards which physicians, podiatrists, and physician assistants must meet in order to qualify for a license to practice in Vermont. Investigates and determines whether alleged actions or conduct represent unprofessional conduct in the provision of medical care and takes disciplinary or corrective action where appropriate
Military Department Serves as a military force available to the Governor in the event of a statewide emergency beyond the capability of civil authority
Agency of Natural Resources Respond to and investigate complaints of environmental offenses and initiate enforcements proceedings when necessary against violators
Department of Human Resources Provides leadership to and works in partnership with other departments to promote managerial and workforce excellence while fostering an understanding and observance of regulatory requirements
Department of Public Safety Provides law enforcement, criminal justice systems, support, and emergency preparedness planning and response programs, and fire prevention,
Public Service Department Represents the public interest in utility cases and provides long range plans for the State's energy needs
Secretary of Administration Coordinates the functions of all departments and office of state government, directs activities of the departments and offices of the Agency of Administration, coordinates information technology throughout state government, and reports, promotes, and monitors the fiscal integrity of the state
Secretary of State Regulates and registers professionals and corporations, maintains archival records, administers campaign finance programs STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 18
Sergeant at Arms Security of Capitol, room assignments, doorkeepers, phone systems, mail department, custodial services and contract cafeteria
States Attorney & Sheriffs Services include law enforcement, transportation services, services of criminal and civil process, and prosecution of criminals
Tax Department Processing State tax returns, audit and collection activities in field work environments, and administering tax based benefit programs to eligible participants
Department of Tourism & Marketing Promotes Vermont as a travel destination in order to maintain a diverse and healthy economy
Transportation Board Hears appeals from Agency decisions and rulings regarding measurements, description or reclassification of town highways, small claims, provides appellate review and holds public hearings
Office of the State Treasurer Responsible for the management and accounting of the State's cash balances, processing checks, reconciliation of payroll and vendor payments, and retirement planning
Vermont State Hospital Provides services to the acutely mentally ill population of Vermont
Vermont Veteran's Home Provides quality skilled and domiciliary care to eligible veterans and their spouses
VOSHA Review Board Schedules and oversees the process leading to hearings of employer contest of inspection violations
Water Resources Board Ensures effective public participation in the adoption and implementation of public policy in regarding management of Vermont's water resources and wetlands
STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 19
VEHICLE EXPOSURE
Fleet Management 1 1/2 Ton Truck 1 CARGO VAN 19 Mid Size Truck 21 Other Equipment 1 Pickup Truck (Under 1 Ton) 310 Passenger Van 63 Sedan 228 SPDV Special Design Vehicle 75 SPUV Sport Utility Vehicle 117 STOR STORAGE CONTAINER 1 TLER Trailer 5 TRUK Truck (1 Ton And Over) 7 WAGN Station Wagon 26 Subtotal 874
Department of Public Safety Private Passenger vehicles 363 Pickup Truck (Under 1 Ton) 50 Vans 6 Small / Heavy Specialty Vehicles 10 Subtotal 429
Agency of Transportation Sedans 11 Pickups and Vans (up to class 5) 199 Dump / Plow Trucks 264 Other Heavy Utility Trucks 22 Subtotal 496
Total 1,799
STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 20
4 GENERAL REQUIREMENTS: 4.2 PRICING: Any and all costs that you wish the state to consider must be submitted for consideration. If applicable, all equipment pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, oiled, and ready for immediate use, unless otherwise requested by the purchasing agency. 4.3 WORKER’S COMPENSATION; STATE CONTRACTS COMPLIANCE REQUIREMENT: The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00, requires bidders comply with the following provisions and requirements.
(a) (1) Bidder is required to self report detailed information including information relating to past violations, convictions, suspensions, and any other information related to past performance and likely compliance with proper coding and classification of employees requested by the applicable agency.
The bidder is required to report information on any violations that occurred in the previous 12 months.
(a) (2) Bidder is required to provide a list of subcontractors on the job along with lists of subcontractor’s subcontractors and by whom those subcontractors are insured for workers’ compensation purposes. Include additional pages if necessary. This is not a requirement for subcontractor’s providing supplies only and no labor to the overall contract or project.
In order for a bidder’s response to be considered valid bidders must complete and submit the following two (2) forms at time of bid:
Self Reporting Subcontractor Reporting 4.4 AVAILABILITY: *(Delivery Schedule) 4.5 METHOD OF ORDERING: Purchase orders must be used to order items available under this contract. If verbal orders are given a confirming purchase order must be issued. 4.6 INVOICING: All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials or services and shall specify the address to which payments will be sent. 4.7 CANCELLATION: The State specifically reserves the right to cancel the contract, or any portion thereof, if, in the opinion of its Commissioner of Buildings and General Services, the services or materials supplied by the contractor are not satisfactory or are not consistent with the terms of the contract 4.8 METHOD OF AWARD: Awards will be made in the best interest of the State. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time during the first year of the contract if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given to resident bidders of the state and/or to products raised or manufactured in the state. 4.8.1 Evaluation Criteria: Insurance proposals will be evaluated using the following criteria 4.8.1.1 Scope of Coverage 4.8.1.2 Price of the insurance coverage 4.8.1.3 Services to be provided 4.8.1.4 Financial stability of the insurance company 4.8.1.5 Agent qualifications 4.8.2 Selection Criteria: 4.8.2.1 Insurance Coverage: Proposals for insurance protection will be evaluated as follows; STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 21
4.8.2.1.1.1 Scope of coverage; is it comprehensive in nature, are there any areas excluded, any new extensions in coverage, any gaps 4.8.2.1.1.2 Compliance with specifications; are all provisions accepted 4.8.2.1.1.3 Cost of coverage 4.8.2.1.1.4 Financial stability of the insurance carrier 4.8.2.1.1.5 Assignment of a single claims adjuster to the account 4.8.2.2 Servicing Criteria: Servicing criteria of the broker will be evaluated in terms of: 4.8.2.2.1.1 Number of years in business 4.8.2.2.1.2 Technical skills of staff in areas of insurance coverages 4.8.2.2.1.3 Size / depth of Agency and staff 4.8.2.2.1.4 Professional servicing capability i.e. claims management, risk information services, underwriting, etc. 4.8.2.2.1.5 Whether a single claims contact for all claims is proposed 4.8.2.2.1.6 Capability and willingness of agency to personally respond to the professional needs of the insured in a timely manner 4.8.2.2.1.7 Fees to be charged; commission versus fixed service fee, amount 4.8.2.2.1.8 Level and type of loss prevention services proposed (if any) 4.9 CONFIDENTIALITY: The successful response will become part of the contract file and will become a matter of public record, as will all other responses received. If the response includes material that is considered by the bidder to be proprietary and confidential under 1 VSA, Chapter 5, the bidder shall clearly designate the material as such, explaining why such material should be considered confidential. The bidder must identify each page or section of the response that it believes is proprietary and confidential with sufficient grounds to justify each exemption from release, including the prospective harm to the competitive position of the bidder if the identified material were to be released. Under no circumstances can the entire response or price information be marked confidential. Responses so marked may not be considered. 4.10 CONTRACT TERMS: The selected vendors will sign a contract with the State to provide the items named in their responses, at the prices listed. Minimum support levels, terms, and conditions from this RFP, and the vendor’s response will become part of the contract. This contract will be subject to review throughout its term. The State will consider cancellation upon discovery that a vendor is in violation of any portion of the agreement, including an inability by the vendor to provide the products, support, and/or service offered in their response. 4.11 DEFAULT: In case of default of the contractor, the State may procure the materials or supplies from other sources and hold the contractor responsible for any excess cost occasioned thereby, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price. 4.12 STATEMENT OF RIGHTS: The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Vendors may be asked to give a verbal presentation of their proposal after submission. Failure of vendor to respond to a request for additional information or clarification could result in rejection of that vendor's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State. 4.13 TAXES: Most state purchases are not subject to federal or state sales or excise taxes and must be invoiced tax free. An exemption certificate will be furnished upon request covering taxable items. The contractor agrees to pay all Vermont taxes which may be due as a result of this order. If taxes are to be applied to the purchase it will be so noted in the response. STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 22
4.14 ORDER OF PRECEDENCE: The order of precedence for documentation will be the State of Vermont Standard Contract Form and attachments, the bid document and any amendments, and the vendor’s response and any amendments. 4.15 SPECIFICATION CHANGE: Any changes or variations in the specifications must be received in writing from the Office of Purchasing & Contracting. Verbal instructions or written instructions from any other source are not to be considered. 4.16 AMENDMENTS: No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered, and signed by the duly authorized representative of the State and Contractor. 4.17 NON COLLUSION: The State of Vermont is conscious of and concerned about collusion. It should therefore be understood by all that in signing bid and contract documents they agree that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, all bidders should understand that this paragraph might be used as a basis for litigation.
5 VENDOR RESPONSE CONTENT AND FORMAT: The content and format requirements listed below are the minimum required for our evaluation. They are not intended to limit the content of the proposals; vendors may include additional information or offer alternative solutions which may be considered. 5.2 NUMBER OF COPIES: Submit one original bid. 5.3 BACKGROUND AND EXPERIENCE. Provide a full description of the experience you have had in supplying *. 5.4 REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance. 5.5 REPORTING REQUIREMENTS: Provide a sample of your current reporting document. 5.6 PRICING: *Define Pricing Requirements. Complete the attached PRICE SCHEDULE. 5.7 CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid. 5.8 WORKERS’ COMPENSATION; STATE CONTRACTS COMPLIANCE REQUIREMENT; SELF REPORTING: This form must be completed and submitted as part of the response for the proposal to be considered valid. 5.9 WORKERS’ COMPENSATION; STATE CONTRACTS COMPLIANCE REQUIREMENT; SUBCONTRACTOR REPORTING: This form must be completed and submitted as part of the response for the proposal to be considered valid. 5.10 OFFSHORE OUTSOURCING QUESTIONNAIRE: This form must be completed and submitted as part of the response for the proposal to be considered valid.
6 SUBMISSION INSTRUCTIONS: 6.2 CLOSING DATE: The closing date for the receipt of proposals is June 15, 2012 at 1:00 pm. 6.3 The bid opening will be held at 10 Baldwin St, Montpelier, VT and is open to the public. 6.4 SEALED BID INSTRUCTIONS: All bids must be sealed and must be addressed to the State of Vermont, Office of Purchasing & Contracting, 10 Baldwin St - Montpelier, VT 05633-7501. BID ENVELOPES MUST BE CLEARLY MARKED ‘SEALED BID’ AND SHOW THE REQUISITION NUMBER AND/OR PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER. 6.4.1 All bidders are hereby notified that sealed bids must be received and time stamped by the Office of Purchasing & Contracting located at 10 Baldwin St - Montpelier, VT 05633-7501by the time of the bid opening. Bids not in possession of the Office of Purchasing & Contracting at the time of the bid opening will be returned to the vendor, and will not be considered. STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 23
6.4.2 Office of Purchasing & Contracting may, for cause, change the date and/or time of bid openings or issue an addendum. If a change is made, the State will make a reasonable effort to inform all bidders by posting at: http://bgs.vermont.gov/purchasing/bids. 6.4.3 All bids will be publically opened. Typically, the Office of Purchasing & Contracting will open the bid, read the name and address of the bidder, and read the bid amount. However, the Office of Purchasing & Contracting reserves the right to limit the information disclosed at the bid opening to the name and address of the bidder when, in its sole discretion, the Office of Purchasing & Contracting determines that the nature, type, or size of the bid is such that the Office of Purchasing & Contracting cannot immediately (at the opening) determine that the bids are in compliance with the RFP. As such, there will be cases in which the bid amount will not be read at the bid opening. Bid openings are open to members of the public. Bid results are a public record however, the bid results are exempt from disclosure to the public until the award has been made and the contract is executed.
6.5 DELIVERY METHODS: 6.5.1 U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to ensure bids are received and time stamped by the Office of Purchasing & Contracting prior to the time of the bid opening. 6.5.2 EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the RFP designation is clearly shown on the outside of the delivery envelope or box. Express delivery packages will not be considered received by the State until the express delivery package has been received and time stamped by the Office of Purchasing & Contracting. 6.5.3 HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Division prior to the bid opening. 6.5.4 ELECTRONIC: Electronic bids will not be accepted. 6.5.5 FAX BIDS: FAXED responses MAY be acceptable. You must contact the purchasing agent and obtain prior approval. If approval is received, the FAX must be prefixed with the “SEALED BID”. Bidders are cautioned that if a FAXED response is approved it is their responsibility to originate the message in sufficient time to insure receipt by the Office of Purchasing & Contracting prior to the time of the bid opening. All pages must be printed and in the possession of the division prior to the date and time of the bid opening or the bid will not be considered. FAXED bidders are cautioned that bids submitted by the FAX method may be compromised prior to the time of the sealed bid opening. FAXED information is accessible when transmitted and confidentiality cannot be guaranteed. State reserves the right to reject a faxed bid if it appears that the faxed bid is incomplete or portions of the faxed bid or eligible. 7 ATTACHMENTS: 7.2 Attachment C: Standard State Contract Provisions (January 10, 2011) 7.3 Certificate of Compliance 7.4 Price Schedule 7.5 Offshore Outsourcing Questionnaire 7.6 Workers’ Compensation; State Contracts Compliance Requirement; Self Reporting 7.7 Workers’ Compensation; State Contracts Compliance Requirement; Subcontractor Reporting 7.8 Loss Reports – summary by year: Liability, valued 12/31/2011 7.9 Loss Reports – summary by year: Auto Liability, valued 12/31/2011 7.10 Loss Reports – large claim report / $100,000: Liability, valued 12/31/2011 7.11 Loss Reports – large claim report / $100,000: Auto Liability, valued 12/31/2011 STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program PAGE 24
7.12 Dams – Inspection Protocol
7.13 Dams – Dams Owned & Operated by the State of Vermont
7.14 Current Sovereign Immunity Exclusion endorsement
State of Vermont ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS
1. 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.
2. Applicable Law: This Agreement will be governed by the laws of the State of Vermont.
3. 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.
4. Appropriations: 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.
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, Liability: The Party will act in an independent capacity and not as officers or employees of the State. The Party shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party. 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. 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. The Party shall indemnify the State and its officers and employees in the event that the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party.
7. 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 the Agreement. No warranty is made that the coverages and limits listed 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. General Liability and Property Damage: With respect to all operations performed under the contract, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations
Revised 01-10-2011
Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Per Occurrence $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $ 50,000 Fire/ Legal/Liability Party shall name the State of Vermont and its officers and employees as additional insureds for liability arising out of this Agreement. 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: $1,000,000 combined single limit. Party shall name the State of Vermont and its officers and employees as additional insureds for liability arising out of this Agreement.
8. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance upon the accuracy of all prior representations by the Party, including but not limited to bills, invoices, progress reports and other proofs of work.
9. Requirement to Have a Single Audit: In the case that this Agreement is a Grant that is funded in whole or in part by federal funds, and if this Subrecipient expends $500,000 or more in federal assistance during its fiscal year, the Subrecipient 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 Party. A Subrecipient is exempt if the Party expends less than $500,000 in total federal assistance in one year. The Subrecipient will complete the Certification of Audit Requirement annually within 45 days after its fiscal year end. If a single audit is required, the sub-recipient will submit a copy of the audit report to the primary pass-through Party and any other pass-through Party that requests it within 9 months. If a single audit is not required, the Subrecipient will submit the Schedule of Federal Expenditures within 45 days. These forms will be mailed to the Subrecipient by the Department of Finance and Management near the end of its fiscal year. These forms are also available on the Finance & Management Web page at: http://finance.vermont.gov/forms
10. Records Available for Audit: The Party will maintain all books, documents, payroll papers, accounting records and other evidence pertaining to costs incurred under this agreement and make them available at reasonable times during the period of the Agreement and for three years thereafter 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. The State, by any authorized representative, shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this Agreement.
11. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of Title 21V.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. Party further agrees to include this provision in all subcontracts.
12. 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. Revised 01-10-2011
13. 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 the 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.
14. Child Support: (Applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date the 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.
15. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of his Agreement or any portion thereof to any other Party without the prior written approval of the State. Party also agrees to include in all subcontract or subgrant agreements a tax certification in accordance with paragraph 13 above.
16. No Gifts or Gratuities: Party shall not give title or possession of any thing 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.
17. Copies: All written reports prepared under this Agreement will be printed using both sides of the paper.
18. 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.
(End of Standard Provisions)
Revised 01-10-2011
RFP/PROJECT: EXCESS LIABILITY PROGRAM DATE: APRIL 19, 2012
CERTIFICATE OF COMPLIANCE
This form must be completed in its entirety and submitted as part of the response for the proposal to be considered valid.
TAXES: Pursuant to 32 V.S.A. § 3113, bidder hereby certifies, under the pains and penalties of perjury, that the company/individual is 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 as of the date this statement is made. A person is in good standing if no taxes are due, if the liability for any tax that may be due is on appeal, or if the person is in compliance with a payment plan approved by the Commissioner of Taxes.
INSURANCE: Bidder certifies that the company/individual is in compliance with, or is prepared to comply with, the insurance requirements as detailed in Section 7 of Attachment C: Standard State Contract Provisions. Certificates of insurance must be provided prior to issuance of a contract and/or purchase order. If the certificate(s) of insurance is/are not received by the Office of Purchasing & Contracting within five (5) days of notification of award, the State of Vermont reserves the right to select another vendor. Please reference the RFP and/or RFQ # when submitting the certificate of insurance.
CONTRACT TERMS: The undersigned hereby acknowledges and agrees to Attachment C: Standard State Contract Provisions.
TERMS OF SALE: The undersigned agrees to furnish the products or services listed at the prices quoted. The Terms of Sales are Net 30 days from receipt of service or invoice, whichever is later. Percentage discounts may be offered for prompt payments of invoices, however such discounts must be in effect for a period of 30 days or more in order to be considered in making awards.
FORM OF PAYMENT: Would you accept the Visa Purchasing Card as a form of payment? ____ Yes ____ No
Insurance Certificate(s): Attached ______Will provide upon notification of award ______
Delivery Offered: ______days after notice of award Terms of Sale: ______(If Discount) Quotation Valid for: _____ days Date: ______
Name of Company: ______Contact Name: ______
Address: ______Fax Number: ______
______E-mail: ______
By: ______Name: ______Signature (Bid Not Valid Unless Signed) (Type or Print)
All returned quotes and related documents must be identified with our request for quote number.
RFP/PROJECT: EXCESS LIABILITY PROGRAM DATE: APRIL 19, 2012
WORKERS’ COMPENSATION; STATE CONTRACTS COMPLIANCE REQUIREMENT
Self Reporting Form 1 of 2
This form must be completed in its entirety and submitted as part of the response for the proposal to be considered valid.
The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00, requires bidders comply with the following provisions and requirements.
Bidder is required to self report the following information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification for worker’s compensation. The state is requiring information on any violations that occurred in the previous 12 months.
Summary of Detailed Information Date of Notification Outcome
WORKERS’ COMPENSATION STATE CONTRACTS COMPLIANCE REQUIREMENT: Bidder hereby certifies that the company/individual is in compliance with the requirements as detailed in Act 54, Section 32 of the Acts of 2009.
Date:
Name of Company: Contact Name:
Address: Title:
Phone Number:
E-mail: Fax Number:
By: Name: Signature (Bid Not Valid Unless Signed)* (Type or Print)
*Form must be signed by individual authorized to sign on the bidder’s behalf.
RFP/PROJECT: EXCESS LIABILITY PROGRAM DATE: APRIL 19, 2012
WORKERS’ COMPENSATION; STATE CONTRACTS COMPLIANCE REQUIREMENT
Subcontractor Reporting Form 2 of 2
This form must be completed in its entirety and submitted as part of the response for the proposal to be considered valid.
The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00 requires bidders to comply with the following provisions and requirements.
Bidder is required to provide a list of subcontractors on the job along with lists of subcontractor’s subcontractors and by whom those subcontractors are insured for workers’ compensation purposes. Include additional pages if necessary. This is not a requirement for subcontractor’s providing supplies only and no labor to the overall contract or project.
Subcontractor Insured By Subcontractor’s Sub Insured By
Date:
Name of Company: Contact Name:
Address: Title:
Phone Number:
E-mail: Fax Number:
By: Name: Signature (Bid Not Valid Unless Signed)* (Type or Print)
*Form must be signed by individual authorized to sign on the bidder’s behalf.
Offshore Outsourcing Questionnaire
Vendors must indicate whether or not any services are or will be performed in a country other than the United Sates. Indicate N/A if not applicable.
Services: Proposed Service to be Represents what % of Outsourced Work Outsourced Bid Total Offshore Dollars total Contract Dollars Location (Country) Subcontractor
If any or all of the services are or will be outsourced offshore, Vendors are required to provide a cost estimate of what the cost would be to provide the same services onshore and/or in Vermont.
Proposed Service to be Bid Total if provided Bid Total if provided in Outsourced Onshore Vermont Cost Impact Onshore Work Location Subcontractor
Name of Bidder: Signature of Bidder: Date
STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program Attachment 7.4
PRICING WORKSHEET
Year One If pricing is not subject to audit Flat Premium ______Fixed Cost Service Fee Or Commission
If pricing is subject to audit: Rating Basis ______Rate per ______Premium ______Fixed Cost Service Fee Or Commission
Year Two If pricing is not subject to audit Fixed Cost Service Fee Or Commission Flat Premium ______
If pricing is subject to audit: Rating Basis ______Rate per ______Premium ______Fixed Cost Service Fee Or Commission
Year Three If pricing is not subject to audit Flat Premium ______Fixed Cost Service Fee Or Commission
If premium is subject to audit: Rating Basis ______Rate per ______Premium ______Fixed Cost Service Fee Or Commission
STATE OF VERMONT OFFICE OF PURCHASING & CONTRACTING RFP – Excess Liability Program Attachment 7.14
CURRENT SOVEREIGN IMMUNITY EXCLUSION ENDORSEMENT
It is agreed that the exclusions of this policy includes:
A. We will not defend or pay under this policy for claims against you, the State of Vermont:
1. Based on an act or omission of an employee of the state exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance o failure to exercise or perform a discretionary function poor duty on the part of the state agency or an employee of the state, whether or not the discretion involved was abused; 2. Arising in respect to the assessment or collection of any tax or customs duty, or levy upon or detention of any goods or merchandise by any law enforcement officer; 3. For damages caused by the impositions of a quarantine by the state; 4. For damages caused by the fiscal operations of any state officer or department; 5. Arising out of the combatant activities of the National Guard during time of war; 6. Arising out of alleged assault, battery, abuse or process, misrepresentation, deceit, fraud, or interference with contractual rights; 7. For which a remedy is provided or which is governed specifically by other statutory enactment; or 8. Arising from the selection of or purposeful deviation from a particular set of standards for the planning and design of highways.
State of Vermont Fiscal Year Summary 01/01/2011 12/31/2011
General Liability, EPL & Discrimination Paid Incurred Fiscal Year Open Closed Total Claims This Period This Period Paid Outstanding Incurred Recovery Net Incurred July 1955 - June1956 0 1 1 0.00 0.00 255,622.98 0.00 255,622.98 0.00 255,622.98 July 1959 - June 1960 0 1 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 July 1980 - June1981 0 1 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 July 1983 - June1984 0 1 1 0.00 0.00 1,141.26 0.00 1,141.26 0.00 1,141.26 July 1985 - June1986 0 1 1 0.00 0.00 1,795.20 0.00 1,795.20 0.00 1,795.20 July 1988 - June1989 0 1 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 July 1990 - June1991 0 120 120 0.00 0.00 630,397.08 0.00 630,397.08 0.00 630,397.08 July 1991 - June1992 0 148 148 0.00 0.00 1,229,535.40 0.00 1,229,535.40 0.00 1,229,535.40 July 1992 - June1993 0 140 140 0.00 0.00 858,074.60 0.00 858,074.60 0.00 858,074.60 July 1993 - June1994 0 178 178 0.00 0.00 441,330.77 0.00 441,330.77 0.00 441,330.77 July 1994 - June1995 0 176 176 0.00 0.00 448,793.38 0.00 448,793.38 0.00 448,793.38 July 1995 - June1996 0 161 161 0.00 0.00 1,052,621.29 0.00 1,052,621.29 5,500.00 1,047,121.29 July 1996 - June1997 0 213 213 0.00 0.00 621,100.41 0.00 621,100.41 0.00 621,100.41 July 1997 - June1998 0 244 244 0.00 0.00 487,778.67 0.00 487,778.67 0.00 487,778.67 July 1998 - June1999 0 217 217 0.00 0.00 1,044,576.64 0.00 1,044,576.64 0.00 1,044,576.64 July 1999 - June2000 0 181 181 0.00 0.00 1,260,543.34 6,000.00 1,266,543.34 0.00 1,266,543.34 July 2000 - June2001 1 247 248 0.00 0.00 1,078,662.45 50,000.00 1,128,662.45 0.00 1,128,662.45 July 2001 - June2002 3 179 182 11,021.35 16,000.00 587,799.51 281,226.15 869,025.66 0.00 869,025.66 July 2002 - June2003 7 284 291 0.00 -92,508.28 713,571.54 21,646.70 735,218.24 0.00 735,218.24 July 2003 - June2004 4 502 506 0.00 -2,425.38 1,362,431.11 18,135.00 1,380,566.11 0.00 1,380,566.11 July 2004 - June2005 8 389 397 2,713.95 -114,101.17 663,643.30 366,918.05 1,030,561.35 0.00 1,030,561.35 July 2005 - June2006 45 266 311 15,482.67 146,127.36 1,276,773.78 502,073.29 1,778,847.07 0.00 1,778,847.07 July 2006 - June2007 27 199 226 18,627.67 4,546.08 191,644.01 300,149.22 491,793.23 0.00 491,793.23 July 2007 - June2008 51 239 290 1,775,665.16 1,830,497.50 2,185,632.10 313,070.66 2,498,702.76 0.00 2,498,702.76 July 2008 - June2009 40 175 215 36,510.61 -102,951.58 391,247.18 359,672.09 750,919.27 0.00 750,919.27 July 2009 - June2010 23 158 181 148,810.16 354,026.26 392,305.96 349,114.06 741,420.02 0.00 741,420.02 July 2010 - June2011 94 154 248 179,239.76 170,963.07 215,300.02 28,314.30 243,614.32 0.00 243,614.32 July 2011 - June2012 41 15 56 94,562.99 124,931.20 94,562.99 30,368.21 124,931.20 0.00 124,931.20
Grand Total: 344 4591 4935 2,282,634.32 2,335,105.06 17,486,884.97 2,626,687.73 20,113,572.70 5,500.00 20,108,072.70
Run Date: 04/17/2012 15:34:04 Run By: BDUCHAC State of Vermont - Confidential Page 1 of 1
STATE OF VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION
INSPECTION OF DAMS
The Department of Environmental Conservation has for many years made routine safety inspections of non-federal, non-hydroelectric dams. Since 1982, the Department has been required to carry out periodic inspections of dams subject to its jurisdiction under provisions of 10 V.S.A. § 1105. This section reads as follows:
§ 1105. Inspection of dams
The state agency having jurisdiction shall employ an engineer to make periodic inspections of non-federal dams in the state to determine their condition and the extent, if any, to which they pose a potential or actual threat to life and property, or shall promulgate rules pursuant to chapter 25 of Title 3 to require an adequate level of inspection by an independent registered engineer experienced in the design and investigation of dams. The agency shall provide the owner with the findings of the inspection and any recommendations. - Added 1981, No. 242 (Adj. Sess.), § 13, amended 1985, No. 60
The Department classifies dams according to a dam’s potential for causing loss of life and property damage in the area downstream of the dam if it were to fail. The following Downstream Hazard Classification system is used by the Department. It is same as the U.S. Army Corps of Engineers system given in Recommended Guidelines for Safety Inspection of Dams (ER 1110-2-106, 25 Sept. 79, 24 Mar 80 Chg 1).
DOWNSTREAM HAZARD CLASSIFICATION OF DAMS
Class Hazard Category Potential Loss of Life Potential Economic Loss 3 Low None expected (No permanent Minimal (Undeveloped to structures for human habitation) occasional structures or agriculture) 2 Significant Few (No urban developments and Appreciable (Notable agriculture, no more than a small number of industry or structures) inhabitable structures) 1 High More than few Excessive (Extensive community, industry or agriculture)
Under the Corps system, the classifications are further described as follows:
(a) LOW Hazard (Class 3)
Dams conforming to criteria for the low hazard potential category generally will be located in rural or agricultural areas where failure may damage farm buildings, limited agricultural land, or township and country roads.
Page 1 of 4
(b) SIGNIFICANT Hazard (Class 2)
Significant hazard potential category structures will be those located in predominantly rural or agricultural areas where failure may damage isolated homes, secondary highways or minor railroads or cause interruption of use or service of relatively important public utilities.
(c) HIGH Hazard (Class 1)
Dams in the high hazard potential category will be those located where failure may cause serious damage to homes, extensive agricultural, industrial and commercial facilities, important public utilities, main highways or railroads.
Additional information:
1. The terminology HIGH, SIGNIFICANT, AND LOW hazard refers to the potential for damage or loss of life and does not refer to the condition of the dam. For example, a HIGH hazard (Class 1) dam may be in excellent condition and a LOW hazard (Class 3) dam may be in poor condition.
2. A dam’s classification may change from what it was when it was built or at the last inspection because of changes in downstream conditions. For example, a Class 3 (low hazard) dam may become a Class 2 (significant hazard) or Class 1 (high hazard) dam if some houses are built downstream that could be impacted by a failure. The classification could also change (either up or down) if a more detailed breach analysis is carried out that more accurately determines downstream damage potential.
3. It should not be assumed that the failure of a Class 3 (low hazard) dam would never be a threat to lives. Although direct loss of life (such as by flooding a house) is not expected, the failure could, for example, wash out a road and result in a fatal accident.
The Department bases its minimum periodic inspection frequency on the downstream hazard classification. The Department’s goal is to inspect dams as follows:
Class Downstream Hazard Classification Category Inspection Frequency 1 High 1 2 Significant 1-5 3 Low 7-10
The Department may increase the inspection frequency when in its opinion more frequent or non-routine inspections are warranted. Reasons to increase the frequency or undertake non- routine inspections may include: (1) problems or concerns with the condition or safety of the dam; (2) following significant flood events, and (3) during and subsequent to impounding water following construction or reconstruction of the dam.
Page 2 of 4 The inspections by the Department do not and are not intended to relieve the owner of the dam of the owner’s legal duties, obligations or liabilities incidental to the ownership, operation, maintenance, emergency preparedness or inspection of the dam. The owner should inspect or have the dam inspected on a frequent basis so that routine maintenance may be undertaken as needed and to monitor and/or identify any changes or conditions that could indicate problems with the dam. Should any such conditions or changes occur the owner should contact an engineer experienced with the design and investigation of dams. The engineer should evaluate the significance of the change or condition so that the engineer can advise the owner accordingly. Even if no changes are observed, the owner should have an experienced and qualified engineer inspect and evaluate the dam on an appropriate periodic basis, e.g., annually, biannually, etc. The inspections by the owner or owner’s engineer are independent of any inspections that may be carried out by the Department.
The Department’s current policy is to inspect only those dams that are capable of impounding more than 500,000 cubic feet. Although the statute does not limit size when considering "unsafe" dams (10 V.S.A. § 1095), only those dams impounding more than 500,000 cubic feet require prior authorization to construct, alter or remove (10 V.S.A. § 1082).
The inspection program relies on the voluntary assistance of dam owners. Before an inspection is made, a diligent effort will be made to contact the landowner for access permission. The landowner may deny permission for inspection. Consult your attorney.
The purpose of the inspection is to investigate and determine the condition of the dam and the extent, if any, to which it may pose a potential or actual threat to life and property. A report on the findings of the inspection and any recommendations are provided the dam owner. The report provides an assessment of the general condition of the dam which is based upon available data and a visual inspection. Detailed investigations and analyses involving topographic mapping, subsurface investigations, testing and detailed computational evaluations or detailed hydrologic and hydraulic analyses are beyond the scope of the inspection, however, the inspection may identify a need for further studies.
The reported condition of the dam is based on observations of field conditions at the time of inspection along with data available to the Department. In cases where the reservoir was lowered or drained prior to inspection, such action, while usually improving the stability and safety of the dam, removes the normal load on the structure and may obscure certain conditions which might otherwise be detectable if inspected under the normal operating environment of the structure.
The safety of a dam depends on numerous and constantly changing internal and external conditions, and is evolutionary in nature. It would be incorrect to assume that the present condition of the dam will continue to represent the condition of the dam at some point in the future. Only through continued care and inspection can there be any chance that unsafe conditions are detected.
No dam can ever be considered to be completely "safe" (i.e., it can’t fail) even if it has been well designed, constructed, operated and maintained. Even if it is considered that the chance of a failure is remote, it is still a possibility and should not be ignored. All dams to some degree, but old dams in particular, are unpredictable and can fail under conditions as or less severe than they have survived in the past.
Page 3 of 4
The scope of an inspection report does not include an assessment of the need for fences, gates, no-trespassing signs, repairs to existing fences and railings and other items which may be needed to minimize trespass and provide greater security for the facility and safety to the public. An evaluation of the project for compliance with OSHA rules and regulations is beyond the scope of the inspection program.
For further information contact:
Department of Environmental Conservation Facilities Engineering Division, Dam Safety and Hydrology Section 103 South Main Street, Laundry Building Waterbury, Vermont 05671-0511
Telephone: 802.241.3454 Facsimile: 802.244.4516
Revised August 2007
Page 4 of 4 RiskMgtInquiry
Location Year Height Storage Capacity Hazard Agency or Department Name State ID Construction Description (stream/town) Built (ft) (acre-feet) Class A dam breach would affect more than 20 but fewer than 100 homes and Agency of Transportation Lake Paran 17.01 Paran Creek Bennington Earthfill/Core Wall 1851 25 285 1 businesses. Department of Fish & Wildlife Lake Sadawga 243.03 Harriman Reservoir-TR Whitingham Earthfill 1880 19 808 1 A dam breach would affect fewer than 20 homes and businesses. Department of Fish & Wildlife Lake Sadawga West Dike 243.11 Harriman Reservoir-TR Whitingham Zoned Earthfill 1880 10 700 1 A dam breach would affect fewer than 20 homes and businesses. Earthfill/Concrete Core Dept of Environmental Conservation Silver Lake 11.01 Pond Brook Barnard Wall 1968 30 1,410 1 A dam breach would affect fewer than 20 homes and businesses. Dept of Environmental Conservation Wrightsville 126.01 North Branch Winooski River Middlesex Zoned Earthfill 1935 115 2,800 1 A dam breach would affect more than 100 homes and businesses. Dept of Environmental Conservation East Barre 14.02 Jail Branch Barre Town Zoned Earthfill 1935 65 0 1 A dam breach would affect more than 100 homes and businesses. A dam breach would affect more than 20 but fewer than 100 homes and Dept of Environmental Conservation Crystal Lake 15.05 Barton River-TR Barton 1860 17 2,808 1 businesses.
Dept of Environmental Conservation Waterbury 226.01 Little River Waterbury Zoned Earthfill 1938 187 37,000 1 A dam breach would affect more than 1000 homes and businesses. A dam breach would affect fewer than 10 homes and businesses. The dam Johnson State College Johnson State Lower 108.06 Lamoille River Johnson Earthfill 1960 21 11 1 is located upstream of a school and daycare. Concrete/Stone Dept of Forests, Parks & Recreation Sweet Pond 90.01 Keets Brook Guilford Masonry 1928 20 137 1 A dam breach would affect fewer than 10 homes and businesses. A dam breach would damage infrastructure and might cause injury or loss of Agency of Transportation Jones Mill 26.03 Jones Brook Brandon Concrete 1870 12 14 2 life. A dam breach would damage infrastructure and might cause injury or loss of Department of Fish & Wildlife Gale Meadows 115.07 Mill Brook Londonderry Zoned Earthfill 1965 30 1,338 2 life. A dam breach would damage infrastructure and might cause injury or loss of Department of Fish & Wildlife Dufresne Pond 121.01 Batten Kill Manchester Earthfill/Concrete 1908 12 52 2 life. A dam breach would damage infrastructure and might cause injury or loss of Department of Fish & Wildlife McIntosh Pond 171.02 White River-TR Royalton Earthfill/Clay Core 1964 25 210 2 life. A dam breach would damage infrastructure and might cause injury or loss of Department of Fish & Wildlife Colton Pond 188.03 South Branch Tweed River Killington Earthfill/Clay Core 1964 19 210 2 life. A dam breach would damage infrastructure and might cause injury or loss of Department of Fish & Wildlife Kent Pond 188.09 Kent Brook Killington Earthfill/Core Wall 1965 27 600 2 life. Department of Fish & Wildlife Knapp Brook Site No. 1 44.04 Knapp Brook Cavendish Earthfill 1958 23 192 2 A dam breach would affect a few homes. Department of Fish & Wildlife Knapp Brook Site No. 2 44.05 Knapp Brook Cavendish Zoned Earthfill 1961 22 368 2 A dam breach would affect a few homes. Department of Fish & Wildlife Weatherhead Hollow Pond 90.02 Shattuck Brook Guilford Earthfill 1965 17 145 2 A dam breach would affect a few homes. Department of Fish & Wildlife Lake Hortonia 99.01 Hubbardton River-TR Hubbardton Concrete Gravity 1955 16 2,700 2 A dam breach would affect a few homes. Concrete/Stone A dam breach would damage infrastructure and might cause injury or loss of Dept of Buildings & Genl Services Prison Pond 248.07 Hubbard Brook-TR Windsor Masonry 1925 18 6 2 life. Earthfill/Concrete Core A dam breach would damage infrastructure and might cause injury or loss of Dept of Environmental Conservation Miles Pond 52.01 Miles Stream Concord Wall 1900 19 1,370 2 life. A dam breach would damage infrastructure and might cause injury or loss of Dept of Environmental Conservation Noyes Pond 88.06 South Branch Wells River Groton Earthfill/Concrete 1934 17 200 2 life. Dept of Forests, Parks & Recreation Lowell Lake 115.02 West River-TR Londonderry Zoned Earthfill 1850 16 615 2 A dam breach would affect a few homes. A dam breach would damage infrastructure and might cause injury or loss of Dept of Forests, Parks & Recreation Adams Reservoir 253.03 Red Mill Pond Brook Woodford Earthfill 1948 21 293 2 life. A dam breach would damage infrastructure and might cause injury or loss of Dept of Forests, Parks & Recreation Glen Lake 43.01 Lake Bomoseen-TR Castleton Concrete Gravity 1991 10 935 2 life. A dam breach would damage infrastructure and might cause injury or loss of Lyndon State College Lyndon State College (Upper) 119.07 Passumpsic River-TR Lyndon Earthfill 1950 6 3 2 life. Castleton State College Castleton State College 43.04 Hill Brook-OS Castleton 1967 10 8 3 Department of Fish & Wildlife Farrel 1.01 Dead Creek-TR Addison Earthfill 1958 21 50 3 Department of Fish & Wildlife Woodcock Site 2 1.02 Dead Creek-TR Addison Earthfill 1952 12 23 3 Department of Fish & Wildlife Woodcock Site 4 1.04 Dead Creek-TR Addison Earthfill 1958 13 14 3 Department of Fish & Wildlife Woodcock Site 3 1.05 Dead Creek-TR Addison 15 19 3 Department of Fish & Wildlife Jerome 1.06 Dead Creek-TR Addison Earthfill 1957 10 70 3 Department of Fish & Wildlife Brilyea West 1.07 West Branch Dead Creek Addison Earthfill 1957 10 375 3 Department of Fish & Wildlife Brilyea East 1.08 East Branch Dead Creek Addison Earthfill 1957 10 200 3 Department of Fish & Wildlife Norton 1.09 West Branch Dead Creek-TR Addison Earthfill 1962 22 25 3 Department of Fish & Wildlife Tetreault 1.10 East Branch Dead Creek-TR Addison Earthfill 1957 17 40 3 Department of Fish & Wildlife Warner Site 2 1.11 Middle Branch Dead Creek Addison Earthfill 1959 10 12 3 Department of Fish & Wildlife Warner Site 3 1.12 Middle Branch Dead Creek-TR Addison Earthfill 9 12 3 Department of Fish & Wildlife Martin 1.13 West Branch Dead Creek-TR Addison Earthfill 8 12 3 Department of Fish & Wildlife Harte 1.14 West Branch Dead Creek-TR Addison Earthfill 8 12 3 Department of Fish & Wildlife Norton Shallow Dike 1.15 West Branch Dead Creek-TR Addison Earthfill 1960 8 12 3 Department of Fish & Wildlife McCuens Slang 1.16 Whitney Creek Addison Earthfill 1960 11 18 3 Department of Fish & Wildlife Woodcock Site 1 1.17 Dead Creek-TR Addison Earthfill 11 1 3
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Department of Fish & Wildlife Farrell North 1.18 Dead Creek-TR Addison 1958 17 7 3 Department of Fish & Wildlife East Creek Site No. 1 148.01 South Fork East Creek Orwell Earthfill/Clay Core 1966 13 90 3 Department of Fish & Wildlife East Creek Site No. 2 148.02 South Fork East Creek Orwell Earthfill/Clay Core 1964 7 55 3 Department of Fish & Wildlife East Creek Site No. 5 148.03 Sanford Brook Orwell Earthfill/Clay Core 1962 10 48 3 Department of Fish & Wildlife Stone Bridge 149.01 Dead Creek Panton Earthfill 1957 11 700 3 Department of Fish & Wildlife Martins Pond 151.04 Stevens River-TR Peacham Concrete 1958 8 350 3 Earthfill/Concrete Core Department of Fish & Wildlife Colby Pond 156.06 Twentymile Stream Plymouth Wall 1959 29 130 3 Department of Fish & Wildlife South Stream Pond 159.02 South Stream Pownal Earthfill 1958 11 65 3 Department of Fish & Wildlife Perch Pond 18.03 Perch Pond Brook Benson 1965 5 50 3 Department of Fish & Wildlife Richville Pond 189.01 Lemon Fair River Shoreham Concrete Gravity 1954 15 692 3 Department of Fish & Wildlife Miller Pond 200.01 Abbot Brook-TR Strafford Earthfill 1960 8 310 3 Department of Fish & Wildlife Fairfield Swamp Pond 205.01 Dead Creek Swanton 1967 14 2,500 3 Department of Fish & Wildlife Ansel Pond 21.02 White River-TR Bethel 1969 14 10 3 Department of Fish & Wildlife Vernon Fish Hatchery Pond 214.01 Newton Brook Vernon Earthfill 1967 19 45 3 Department of Fish & Wildlife Coles Pond 218.01 Steam Mill Brook-TR Walden Earthfill/Concrete 1900 11 200 3 Stone Department of Fish & Wildlife Little Pond 230.01 Mill Brook Wells Masonry/Concrete 1900 7 4,100 3 Department of Fish & Wildlife Lake Willoughby 236.01 Willoughby River Westmore 3 1,653 3 Concrete Gravity Department of Fish & Wildlife Jobs Pond 236.03 Cold Brook Westmore w/Earth 4 31 3 Department of Fish & Wildlife Rood Pond 244.06 Second Branch White River-TR Williamstown Earthfill 13 65 3 Department of Fish & Wildlife Gale Meadows Dike 249.05 Eddy Brook-TR Winhall Earthfill 1965 7 1,338 3 Department of Fish & Wildlife Red Mill Pond 253.02 Red Mill Pond Brook Woodford Concrete Gravity 1962 12 20 3 Wood Sheeting and Department of Fish & Wildlife Red Mill Pond Dike 253.10 Red Mill Pond Brook Woodford Earth 4 18 3 Department of Fish & Wildlife Mud Creek 3.01 Mud Creek Alburgh Earthfill 1957 9 1,950 3 Department of Fish & Wildlife Lake Winona 31.02 Pond Brook Bristol Rockfill 1969 3 280 3 Department of Fish & Wildlife Baker Pond 32.01 Sunny Brook Brookfield 1956 14 200 3 Department of Fish & Wildlife Howe Farm WMA 38.03 Winooski River-OS Burlington Excavated Pond 1985 5 57 3 Department of Fish & Wildlife Burlington Electric WMA 38.04 Winooski River-OS Burlington 1985 5 230 3 Department of Fish & Wildlife Pelletier 43.09 Breton Brook Castleton Earthfill/Stone Masonry 1890 20 1 3 Department of Fish & Wildlife Loves Marsh 43.10 Lake Bomoseen-TR Castleton Earthfill 1956 16 220 3 Department of Fish & Wildlife Keiser Pond 58.04 Sawyer Brook Danville Earthfill/Concrete 1964 6 33 3 Department of Fish & Wildlife Lake Eden 66.01 Gihon River Eden Concrete/Earthfill 1900 8 830 3 Department of Fish & Wildlife Old Marsh Pond 72.04 Mud Brook-TR Fair Haven Stone Wall/Earthfill 1900 11 440 3 Department of Fish & Wildlife Harris 76.01 East Slang-TR Ferrisburgh Earthfill 1957 17 25 3 Department of Fish & Wildlife Robinsons Slang 76.02 East Slang-TR Ferrisburgh Earthfill 1956 15 24 3 Department of Fish & Wildlife Jackman 76.07 East Slang Ferrisburgh11113 Department of Fish & Wildlife Goose Creek 76.08 Goose Creek Ferrisburgh 1963 8 7 3 Dept of Environmental Conservation Wolcott Pond 251.02 Wolcott Pond Brook Wolcott Earthfill 1968 9 200 3 Stone Masonry/Concrete Dept of Environmental Conservation Lake Bomoseen 43.03 Castleton River-TR Castleton Gravity 1850 11 7,046 3 Dept of Environmental Conservation Great Hosmer Pond 56.01 Black River-TR Craftsbury 2 225 3 Earthfill/Concrete Dept of Environmental Conservation Little Hosmer Pond 56.02 Black River-TR Craftsbury Gravity 1969 7 375 3 Dept of Environmental Conservation Lake Morey 73.01 Connecticut River-TR Fairlee 1897 5 2,057 3 Earthfill/Concrete Dept of Environmental Conservation Lake Carmi 78.01 Pike River-TR Franklin Gravity 1970 9 4,100 3 Dept of Environmental Conservation Lake Groton 88.05 Ricker Pond-TR Groton Concrete Gravity 1968 13 3,960 3 Dept of Forests, Parks & Recreation Ransom 134.09 Mud Brook Morristown 18 3 3 Dept of Forests, Parks & Recreation Beaver Pond 170.04 Dog River-TR Roxbury 1933 5 7 3 Earthfill/Concrete/Maso Dept of Forests, Parks & Recreation Lake Shaftsbury 183.01 Warm Brook-TR Shaftsbury nry 1937 11 85 3 Earthfill/Concrete Core Dept of Forests, Parks & Recreation CCC Pond 184.02 Ompompanoosuc River-TR Sharon Wall 1935 13 35 3 Dept of Forests, Parks & Recreation Said 43.06 Glen Lake-TR Castleton Zoned Earthfill 1968 32 85 3 Dept of Forests, Parks & Recreation Emerald Lake 60.01 Otter Creek Dorset 1935 4 50 3 Dept of Forests, Parks & Recreation Ricker Pond 88.01 Wells River Groton Concrete Gravity 1900 8 460 3 Lyndon State College Lyndon State College (Middle) 119.06 Passumpsic River-TR Lyndon Earthfill 10 4 3 Earthfill w/US Concrete University of Vermont UVM (Upper) 192.02 Lake Champlain-TR South Burlington Wall 6 1 3 University of Vermont UVM (Lower) 192.03 Lake Champlain-TR South Burlington Earthfill 1968 17 6 3
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Earthfill w/US Concrete University of Vermont UVM (East) 192.05 Muddy Branch-OS South Burlington Wall 16 3 3 Department of Fish & Wildlife Bald Hill Fish Hatchery Upper 137.07 Newark 3 Department of Fish & Wildlife Bald Hill Fish Hatchery Lower 137.08 Newark 3
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