§ 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.
The surety bond shall be 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 following accruing during the term of
performance of the contract: the payment of taxes, both State and municipal, and contributions
to the Vermont Commissioner of Labor; provided, 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 and, in cases involving contracts for $100,000.00 or less, may waive
the requirement of a surety 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) 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; 2023, No. 148 (Adj. Sess.), § 11, eff. July 1, 2024; 2025, No. 18, § 28, eff. May 13, 2025.)