The Vermont Statutes Online

Title 19 : Highways

Chapter 001 : State Highway Law; General Transportation Provisions

• § 10. Duties

  The Agency shall, except where otherwise specifically provided by law:

  (1) Award contracts on terms as it deems to be in the best interests of the State for the construction, repair, or maintenance of transportation related facilities; for the use of any machinery or equipment either with or without operators or drivers; for the operation, repair, maintenance, or storage of any State-owned machinery or equipment; for professional engineering services, inspection of work or materials, diving services, mapping services, photographic services, including aerial photography or surveys, and any other services, with or without equipment, in connection with the planning, construction, and maintenance of transportation facilities. Persons rendering these services shall not be within the classified service, and the services shall not entitle the provider to rights under any State retirement system. Notwithstanding 3 V.S.A. chapter 13, the Agency may contract for services also provided by individuals in the classified service, either at present or at some time in the past. The solicitation and award of contracts by the Agency shall follow procurement standards approved by the Secretary of Administration as well as applicable federal laws and regulations.

  (2) Control and direct the use and expenditures of all monies appropriated by the State for transportation purposes and prepare and use a budget for these expenditures.

  (3) Exercise general supervision of all transportation functions, have the right to direct traffic on all State highways that are under construction and maintenance, and may close all or any part of a State highway that is under construction or repair. The Agency shall maintain detours comprising State or town highways, or both, around planned closures of State highways in excess of 72 hours. If the Agency maintains a detour on a town highway it shall be responsible for repairing any damage to the town highway caused by the detoured traffic.

  (4) Cause necessary surveys, maps, plans, specifications, and estimates to be made for the improvement, construction, and maintenance of transportation facilities.

  (5) Furnish technical and engineering assistance when requested, at cost, if available, to the various municipalities of the State.

  (6) Advise town officers as to the construction, improvement, and maintenance of town highways, when requested.

  (7) Erect and maintain appropriate traffic control devices on State highways.

  (8) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file in the office of the Secretary a good and sufficient surety bond to the State of Vermont, executed by a surety company authorized to transact business in this State in such sum as the Agency shall direct, conditioned for the compliance by the contractor or contractors and their agents and servants, with all matters and things set forth and specified to be by the principal kept, done, and performed at the time and in the manner in the contract between the Agency and the contractor or contractors specified and to pay over, make good, and reimburse the State of Vermont for all loss or losses and damage or damages that the State of Vermont may sustain by reason of failure or default on the part of the contractor or contractors. The Agency is authorized to require any other condition in the bond that may from time to time be necessary. The Secretary at his or her discretion as to the best interest of the State, may accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a performance bond.

  (9) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file an additional surety bond to the Secretary and the Secretary’s successor in office, for the benefit of labor, materialmen, and others, executed by a surety company authorized to transact business in this State, in such sum as the Agency shall direct, conditioned for the payment, settlement, liquidation, and discharge of the claims of all creditors for material, merchandise, labor, rent, hire of vehicles, power shovels, rollers, concrete mixers, tools, and other appliances, professional services, premiums, and other services used or employed in carrying out the terms of the contract between the contractor and the State and further conditioned for the payment of taxes both State and municipal, and contributions to the Vermont Commissioner of Labor, accruing during the term of performance of the contract. However, in order to obtain the benefit of the security, the claimant shall file with the Secretary a sworn statement of the claimant’s claim, within 90 days after the final acceptance of the project by the State or within 90 days from the time the taxes or contributions to the Vermont Commissioner of Labor are due and payable, and, within one year after the filing of the claim, shall bring a petition in the Superior Court in the name of the Secretary, with notice and summons to the principal, surety, and the Secretary, to enforce the claim or intervene in a petition already filed. The Secretary may, if the Secretary determines that it is in the best interests of the State, accept other good and sufficient surety in lieu of a bond.

  (10) Purchase, rent, lease, operate, and maintain the machinery, trucks, and equipment necessary to carry out the provisions of this title and in its discretion let trucks and other machinery under such terms as it determines.

  (11) With the approval of the Governor, purchase, rent, lease, or erect suitable garages and other buildings as may be necessary for the care of its machinery, trucks, materials, and equipment.

  (12) Consult with the Agency of Natural Resources prior to engaging in road repairs or construction that in any way involve streams, ponds, or lakes.

  (13) Furnish, subject to reimbursement and upon request by a municipality, services as may be necessary for the municipality to comply with the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” or any subsequent amendments to the Act.

  (14) With respect to State highways, have the same powers that selectboards have with respect to town highways.

  (15) Respond in writing to concerns raised during Transportation Board hearings conducted pursuant to the provisions of subdivision 5(d)(6) and subsection 10g(d) of this title.

  (16) Inform the Joint Transportation Oversight Committee of any anticipated loss or reduction of federal funding for transportation purposes due to either a lack of State funds for matching or a decrease in federal funds for the Transportation Program.

  (17) Administer the Statewide Property Parcel Mapping Program. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 150 (Adj. Sess.); 1991, No. 35, §§ 5, 14, eff. May 18, 1991; 1991, No. 175 (Adj. Sess.), §§ 7, 8, eff. May 15, 1992; 1995, No. 183 (Adj. Sess.), § 4, eff. May 22, 1996; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 123 (Adj. Sess.), § 28; 2013, No. 167 (Adj. Sess.), § 18; 2015, No. 158 (Adj. Sess.), § 36; 2017, No. 38, § 12; 2021, No. 20, § 77.)