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- VERMONT CA-96
Contract Number: C03193
Contract Name: SHAFTSBURY STP 014-1(6) (Re-Ad)
VERMONT
AGENCY OF TRANSPORTATION
PROPOSAL
STANDARD SPECIFICATIONS FOR CONSTRUCTION
DATED 2024 SHALL APPLY TO THIS CONTRACT
SPECIAL PROVISIONS
SCHEDULE OF ITEMS
ELECTRONIC BID BOND to be submitted in the amount of 5% of the Contractor's bid.
BIDDING PROCEDURE
Bid Proposals will not be read unless accompanied by an electronic bid bond, and they may be rejected as
irregular if they are not in compliance with Agency specifications.
NOTE: All bid proposals shall be properly filled out and submitted electronically utilizing iCX Web
System services.
VTrans Mission and Vision
Through excellent customer service, provide for the safe and efficient movement of people and goods.
A safe, reliable, and multimodal transportation system that grows the economy, is affordable to use and
operate, and serves vulnerable populations.
Cover Page Proposal ____________________________________________________________ 1
Table of Contents _______________________________________________________________ 2
Project Special Provisions ________________________________________________________ 3
404 Corps of Engineers Permit ____________________________________________________ 14
ANR RME Consultation _________________________________________________________ 50
State Wetland Permit ____________________________________________________________ 52
Impact Plans ___________________________________________________________________ 67
PERM 33 - Highway Work Permit Application for Non-Utility Work ______________________ 72
PERM 224-f(2) - Labor Law Certification ___________________________________________ 79
Required Contract Provisions for Federal Aid Construction Contracts FHWA 1273 June 2026 __ 81
USDOL Davis Bacon Wage Rates 2026 - Bennington County ____________________________ 93
2026 Davis-Bacon NY State Rensselaer County _______________________________________ 97
Bidding Requirements and Conditions ______________________________________________ 118
DBE Policy Required Contract Requirements CR110 - 2026 _____________________________ 130
Attachment C - Standard State Contract and Grant Provisions Rev 2-13-26 _________________ 135
USDOT Standard Title VI Nondiscrim Assurances Appendix A and E _____________________ 145
Standard Federal EEO Construction Contract Specifications _____________________________ 148
Contractor EEO Certification Form - CA109 _________________________________________ 155
Vermont AOT Certificate of Compliance - CA271 _____________________________________ 156
Vermont AOT Minimum Labor and Truck Rates - CA101 _______________________________ 160
Commodity Index Prices CA170 - Spec Book 2024 ____________________________________ 161
Proposal Schedule of Pay Items ____________________________________________________ 162
Shaftsbury STP 014-1(6) (Re-Ad)
PIN Number(s): 16b083 Advertised October 28, 2026
Special Provisions Part I – Notices to Bidders Page 1
SPECIAL PROVISIONS
1. NOTICE TO BIDDERS – CONTRACT COMPLETION DATE. This Contract shall be completed
on or before October 22, 2027.
2. NOTICE TO BIDDERS – INCENTIVE/DISINCENTIVE (I/D). In accordance with Subsection
108.10 and as described below, there shall be an Incentive/Disincentive period on this Contract.
(a) Dates and Meetings. The allowable I/D work period shall start at 7:00 a.m. and end 35 days
later by 6:59 a.m. This 35 day work period is herein defined as the I/D period. The begin
construction date for the I/D period shall be determined by the Contractor. However, in no
case shall the I/D period begin before 7:00 a.m. on June 14, 2027 and it shall end no later
than 6:59 a.m. on August 20, 2027.
During the I/D period, the Contractor will be allowed to close the road to all traffic and to
work on the project for 24 hours per day, 7 days per week, including holiday periods. Night
work will be allowed during the I/D period. See Notice to Bidders No. 5 and Notice to
Bidders No. 6 for additional information and requirements regarding night work and noise
restrictions.
For this Contract, a public information meeting shall be held prior to the start of the I/D
period, as described in Subsection 108.10(b).
(b) Identified Work. All work identified below shall be completed before the end of the I/D
period:
(1) Bridge substructure including subfootings, abutments, wingwalls;
(2) Bridge superstructure including precast frame and headwalls, and;
(3) Guardrail, subbase, base course of pavement, and line-striping targets necessary
to open the road to two way traffic. (Incidental to item 641.1100, Traffic Control,
All Inclusive)
No daily lane closures will be allowed until 14 calendar days prior to the start of the I/D
period, except to progress work for EPSC and traffic control.
During the 14 calendar days prior to the I/D period the Contractor will be allowed to
maintain a minimum of one 12-foot lane (including shoulders) alternating traffic during
daytime hours in order to perform preparatory work. No night work will be allowed during
this window, and two-lane, two-way traffic must be maintained on the existing alignment
during nighttime hours.
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 2
(c) Pay Schedule. The Contractor will receive a lump sum compensation of $86,400.00 for
completing the identified work before the end of the I/D period.
In addition to the lump sum payment, the Contractor will also be compensated at a rate of
$120.00 per hour for each hour that the identified work is completed prior to the end of the
I/D period, up to a maximum total payment of $100,800.00 (including the lump sum
payment). Only whole hours will count toward this extra incentive payment.
For each hour after the end of the I/D period that the identified work remains uncompleted,
the Contractor will be assessed a disincentive at a rate of $120.00 per hour. The full hourly
disincentive amount will be assessed for each hour during which the identified work is not
completed for any portion of the hour. There shall be no maximum on the disincentive
amount.
This assessed disincentive is separate from, and will be imposed in addition to, liquidated
damages which may be imposed for failure to complete the Contract on time.
Payment for incentive or deduction for disincentive will be made under pay item 199.8101.
3. NOTICE TO BIDDERS – PROHIBITION OF RUSSIAN GOODS. The Contractor is hereby
notified that, pursuant to Vermont Executive Order No. 02-22, dated March 3rd, 2022, the
purchase of Russian-sourced goods and goods produced by Russian entities (defined as institutions
or companies that are headquartered in Russia or have their principal place of business in Russia)
is prohibited. The awarded Contractor must fill out and sign the Executive Order 02-22 Vendor
Certification as part of Contract awarding process.
4. NOTICE TO BIDDERS – WORK OUTSIDE OF THE CONSTRUCTION SEASON. The
Contractor is hereby notified that limited work outside of the construction season, as defined in
Subsection 101.02, will be permitted on this Contract. Only activities necessary to clear trees, as
determined by the Engineer, will be allowed to be performed outside the construction season. The
Contractor shall notify the Engineer at least 14 calendar days before work outside the construction
season is to begin.
Allowance of work outside of the construction season does not relax or waive any applicable
specification requirements, including requirements and limitations related to workmanship,
weather, temperature, materials, or any other conditions for any item of work.
5. NOTICE TO BIDDERS – NIGHT WORK. The Contractor is hereby notified that night work will
only be permitted during the Incentive/Disincentive period. Night will be as defined in Subsection
101.02. The Engineer may abbreviate this time period as necessary. All work shall be completed
in accordance with the requirements of Subsection 105.14(c) and Subsection 105.14(d).
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 3
6. NOTICE TO BIDDERS – NOISE RESTRICTIONS. The Contractor is hereby notified that, in
addition to the requirements of Subsection 105.14(c), no work shall be performed between 7:00
p.m. and 6:00 a.m. that creates a noise level exceeding 70 decibels. The decibel level shall be
measured from the point of activity to the nearest occupied residence.
The Contractor shall provide the Engineer, for the duration of the work, with a Rion NL-20,
CESVA SC160, Extech 407780A, or an approved equivalent sound level meter capable of meeting
IEC 61672, Class 2 standards.
The cost for providing this equipment and meeting the specified noise level criteria will not be
paid for separately but will be considered incidental to all other Contract items.
7. NOTICE TO BIDDERS – ELECTRONIC DOCUMENT MANAGEMENT. The Contractor is
hereby notified that the Contractor, their subcontractors, and suppliers shall create both a Doc
Express and an iCXWeb account. The Contractor shall use these applications for collection and
management of electronic documents. Doc Express can be accessed at the following link:
https://docexpress.com. iCXWeb can be accessed at the following link:
vtrans.exevision.com/icx/Index.aspx.
All costs associated with the use of Doc Express and iCXWeb will be considered incidental to
Item 635.1100, Mobilization/Demobilization. The State will manage the applications including
Contract setup upon Contract execution.
To create an account and for more information regarding the use of Doc Express see the
information at the following link:
https://vtrans.vermont.gov/sites/aot/files/documents/VTrans%20Guidance%20for%20Contractor
s%20and%20Suppliers.pdf.
To create an account and for more information regarding the use of iCXWeb see the information
at the following link: https://vtrans.vermont.gov/icx.
8. NOTICE TO BIDDERS – CONTACT WITH THE AGENCY. From the time of advertising until
the actual bid opening for this Contract, all prospective Contractors, subcontractors, and suppliers
shall direct all inquiries related to this Contract solely to the Agency's Contract Administration
Section at AOT.ConstructionContractingInquiry@vermont.gov.
The deadline for submitting inquiries related to this Contract is 4:30 p.m. Eastern Time on
November 12, 2026. Inquiries received prior to this time will receive a response from the Agency.
Inquiries received after this time may receive a response at the Agency’s discretion.
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 4
9. NOTICE TO BIDDERS – OTHER SPECIFICATIONS AND CONTRACT REQUIREMENTS.
404 Corps of Engineers Permit
ANR RME Consultation
State Wetland Permit
Impact Plans
PERM 33 - Highway Work Permit Application for Non-Utility Work
PERM 224-f(2) Labor Law Certification
FHWA 1273 - Required Contract Provisions for Federal-Aid Construction Contracts
USDOL Davis Bacon Wage Rates by County
Vermont Agency of Transportation Bidding Requirements and Conditions
Disadvantaged Business Enterprise (DBE) Policy Contract Requirements – CR-110
Attachment C – Standard State Provisions for Contracts and Grants
USDOT Standard Title VI Nondiscrimination Assurances Appendices A and E
Standard Federal Equal Employment Opportunity Construction Contract Specifications – CA26
Contractor Equal Employment Opportunity Certification Form – CA109
Vermont Agency of Transportation Certificate of Compliance – CA271
Vermont Agency of Transportation Minimum Labor and Truck Rates – CA101
Commodity Index Prices – CA170
Schedule of Pay Items
10. NOTICE TO BIDDERS – BIDDERS LIST FORM. The Contractor is hereby notified that the
Agency is required by the U.S. Department of Transportation to develop and maintain a list of
information about all firms that bid on federally funded Contracts in accordance with 49 C.F.R. §
26.11. The Agency has developed a new electronic form to collect this information. The Contractor
shall fill out this form as part of their project-specific prequalification for every Contract that they
bid on. A link to this form is provided in the prequalification form available through iCX and the
Agency’s website.
11. NOTICE TO BIDDERS – DAVIS-BACON. U.S. Department of Labor Davis-Bacon wage rates
are applicable to this Contract. Copies of the applicable rates are included in this proposal.
12. NOTICE TO BIDDERS – GENERAL SPECIAL PROVISIONS. The Contractor is hereby
notified that the most recent General Special Provisions in effect on the date of advertisement shall
apply to this Contract. The General Special Provisions may be found at the following address:
https://vtrans.vermont.gov/highway/construct-material/construct-services/pre-
contractspecifications/vermont/2024
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 5
13. NOTICE TO BIDDERS – STANDARD DRAWINGS. The Vermont Agency of Transportation
Standard Drawings listed on the Index of Sheets are not included in the plan set, but may be found
at the following address:
https://resources.vtrans.vermont.gov/user_files/cadd_help/WebFiles/Downloads/Standards/VAO
TconSTD_Owner.xml?_gl=1*1bgjbkk*_ga*MTE4ODI3MzMyMy4xNzcwOTA3Mzk4*_ga_V9
WQH77KLW*czE3OTAyMDEzNjYkbzEyOCRnMCR0MTc5MDIwMTM3MyRqNTMkbDAk
aDA.
14. NOTICE TO BIDDERS – INFORMATIONAL DOCUMENTS. The Contractor is hereby notified
that the following informational documents for this Contract are available on iCXWeb and the
VTrans Bid Opportunities website. These documents are being provided during the bid solicitation
period for informational purposes only.
(a) Traffic Management Plan (TMP) Checklist
(b) Geotechnical Report
(c) Record Plans
15. NOTICE TO BIDDERS – SURFACE WATER WITHDRAWAL. The Contractor is hereby
notified that the Vermont state law, Act 135 of 2022, requires any person withdrawing surface
water (as defined in 10 V.S.A. § 1002 (20)) to register with and report the water withdrawal and
usage to the Vermont Department of Environmental Conservation beginning January 1, 2023.
Guidance can be found here: https://dec.vermont.gov/watershed/rivers/streamflow-protection/act-
135-surface-water-withdrawal-registration-and-reporting
16. NOTICE TO BIDDERS – ENVIRONMENTAL COMMITMENTS.
(a) Threatened, Endangered, and Rare Species.
(1) The Contractor shall ensure all personnel working on the project site are made
aware of the potential presence and protected status of the northern long-eared bat.
The Contractor shall ensure all personnel working on the project site are aware of
all environmental commitments related to the northern long-eared bat.
The removal of trees shall be completed between OCT 1-APR 14, inclusive. All
trees that are to be removed must be clearly marked.
The Contractor is hereby made aware of the potential for TOY restrictions related
to proposed off-site activities. Cutting trees ≥ 3” DBH inches in diameter outside
of the contract project limits shall require review under Section 105.25 Opening
Off-Site Activity Areas.
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 6
17. NOTICE TO BIDDERS – UTILITIES. Existing aerial facilities owned by Green Mountain Power,
Comcast, and Fidium will be adjusted, as necessary, by employees or agents of the above
companies in accordance with the "Approximate Aerial Utility Relocation Route" shown in the
Contract.
Contacts for the above listed companies are as follows:
Green Mountain Power Aaron Dickie (802) 375-1526
Comcast John George (518) 361-7227
Fidium Jeremy Zoito (413) 663-0382
Employees or agents of the above listed companies are to be allowed free and full access within
the project limits with the tools, materials, and equipment necessary to install, operate, maintain,
place, replace, relocate, and remove their facilities.
There will be no extra compensation paid to the Contractor for any inconvenience caused by
working around and with the companies or their facilities. Should the Contractor desire additional
adjustments of the utility facilities for his/her convenience, proper arrangements shall be made in
conformance with Subsection 105.09.
The Contractor is advised that exploratory excavation may be necessary to locate existing
underground facilities and protect them from damage. Where approved by the Engineer, these
utilities shall be located and/or exposed by methods such as air/vacuum excavation and/or hand
digging to determine their exact location. This exploratory work shall be classified as Trench
Excavation of Earth, Exploratory and payment shall be through Pay Item “204.2200, Trench
Excavation of Earth, Exploratory (N.A.B.I.).”
The Contractor shall notify the aerial utility pole owner if excavation is within 10 feet of an existing
pole. That pole owner may choose to be onsite for this activity. There will be no excavation
allowed within 5 feet of existing poles and anchoring.
Vermont Statutes Annotated, Title 30, Chapter 86 (“Dig Safe”) requires notice to Dig Safe before
starting excavation activities. The Contractor must telephone Dig Safe at 811 at least 72 hours
(excluding Saturdays, Sundays and legal holidays) before, but not more than 30 days before,
starting excavation activities at any location. In addition, before excavation and/or pavement
grinding in or on the state highway right-of-way, the Contractor must contact the Agency’s Traffic
Signal Superintendent, Dan Ertel, to obtain/verify the location of Agency’s underground utility
facilities or to confirm the absence of such facilities. Dan can be reached at (802) 343-2188.
The Contractor is hereby advised that many towns are not members of Dig Safe. It is the
Contractor’s responsibility to check with towns prior to excavation and protect and restore utilities
damaged within the project and as set forth in Subsection 107.12.
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 7
All Contractors, subcontractors or material suppliers involved in any project-related activity shall
comply with all applicable codes and regulations related to working around live electrical lines;
including, but not limited to maintaining the required minimum clear distance from an electrical
utility facility. The Contractor’s Competent Safety Officer shall be well versed in OSHA and
VOSHA regulations, and shall be capable of implementing a plan to conform to these regulations
during prosecution of work.
18. NOTICE TO BIDDERS – ROW SPECIAL AGREEMENTS. Trees removed on the Hazelton
property shall be mulched and left in a pile on that property. Payment for this work shall be
incidental to Pay Item “201.1000 Clearing and Grubbing, Including Individual Trees and Stumps”.
19. NOTICE TO BIDDERS – CONCURRENT CONSTRUCTION. The Contractor is made aware of
the following VTrans construction project(s) which are expected to be in progress within the area
of this project during its construction.
TABLE 1 – CONCURRENT CONSTRUCTION PROJECTS
Project Contractor Anticipated Contract
Completion Date
Sunderland BM 20102 &
Sunderland NH CULV(122)
Belden Construction,
LLC October 2026
Bennington BM24101 Belden Construction,
LLC December 2026
Bennington STP BP15(2) Hunter Excavating May 2027
Shaftsbury-Bennington STP
CULV(162) TBD June 2027
Arlington VT-313 TBD October 2028
Bennington-Wilmington STPG
SIGN(76) TBD October 2028
Bennington STP BP20(1) TBD TBD
Bennington TAP TA16(1) TBD TBD
This list is not all-inclusive and it is possible there may be other VTrans, municipal, or private
construction projects within the area of this project during its construction.
The Contractor shall coordinate construction schedules and traffic control with the work required
for these projects.
There will be no extra compensation paid to the Contractor for any inconvenience caused by
working around these or other projects.
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 8
20. NOTICE TO BIDDERS – SPECIAL CONSTRUCTION REQUIREMENTS.
(a) During construction it will be necessary for the Contractor to maintain one-lane traffic for
extended periods of time. In no case shall the paved width for this one-lane traffic,
including shoulders, be reduced to less than 12 feet. This paved width shall remain free of
obstructions and obstacles at all times.
(b) The Contractor shall position Portable Changeable Message Signs at locations determined
by the Engineer properly warning motorists of the roadway conditions ahead. As directed
by the Engineer, these locations may change during construction as needs arise based on
daily work activities. The message to be displayed shall be submitted to the Engineer in
advance for approval. The displayed message should accurately reflect what motorists can
expect to encounter through the project area. The cost of providing the Portable Changeable
Message Signs will be paid for under Contract item 641.1500 or 641.1700, as applicable.
The Contractor shall also install and maintain appropriate construction signing warning the
traveling public of the expected roadway surface conditions.
(c) Prior to final acceptance of the project, all drop inlets and bridge joints within the project
limits shall be cleaned and all material within the drop inlets and bridge joints shall be
removed. All paved areas adjacent to curbs shall be swept and cleaned of all extraneous
material. Costs for this work will not be paid for directly, but will be considered incidental
to all Contract items.
(d) There are special events throughout the year that may require close communication and
coordination between the Contractor and the municipality to reduce conflicts. The
municipality will advise the Engineer and Contractor of the specifics of each event and the
Engineer will direct the Contractor as to what actions, if any, will be necessary on the
Contractor’s part to minimize impacts to the event. Special events that may conflict with
Contractor operations are not limited to those which may be listed in this Notice to Bidders.
There will be no extra compensation paid to the Contractor for any inconvenience caused
by working around any listed or unlisted special events.
For more information about area special events, contact the following:
Bennington County Regional Commission:
210 South Street, Suite 6
Bennington, VT 05201
phone: (802) 442-0713
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 9
21. NOTICE TO BIDDERS – AFAD. The Contractor is hereby notified that Automated Flagger
Assistance Devices (AFADs) are remotely operated devices that enable a certified flagger to be
positioned out of the lane of traffic and are used to control motorists through work zones.
AFADs shall only be used in situations where there is no more than one lane of approaching traffic
that needs to be controlled. Additionally, since AFADs are not traffic control signals, they shall
not be used to replace traffic signals or other continuously operating traffic control devices.
These devices may be used as a safety enhancement to flaggers on an hour-for-hour basis. AFADs
shall meet the following requirements:
(a) All AFAD applications shall meet the requirements of the applicable sections of the current
edition of the Manual on Uniform Traffic Control Devices (MUTCD).
(b) All AFAD applications shall be in accordance with NCHRP Report 350 or the MASH for
the applicable test level and device weight. Documentation of the crashworthiness of the
device shall be submitted to the Engineer for approval prior to use on the project.
(c) AFAD applications shall always be controlled by a flagger who has been trained in the
operation of the AFAD and who meets the requirements of Section 630. The flagger shall
not flag traffic and operate an AFAD at the same time.
(d) Should an AFAD malfunction or otherwise not function as intended they shall be replaced
by another AFAD or flagger(s) or work shall cease and the roadway shall be opened to
unrestricted traffic flow immediately.
(e) Each AFAD will be considered equivalent to one flagger and will be measured and paid
for on an hourly basis under Item 630.1500 Flaggers. One hour of AFAD use shall be paid
for as one hour of flagging.
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 10
(f) Flaggers will only be measured for payment when actually performing flagging duties.
Flaggers controlling AFADs but not actually flagging will not be measured for payment,
but will be considered incidental to the Contract lump sum price for Item 641.1000 Traffic
Control, or Item 641.1100 Traffic Control, All-Inclusive, as applicable.
(g) The use of AFADs may be suspended at the discretion of the Engineer.
22. NOTICE TO BIDDERS – MUTCD. The Contractor is hereby notified that the specification and
requirements contained in the current New York State Supplement to the National Manual on
Uniform Traffic Control Devices for Street and Highways are also applicable to this Contract for
work completed in the State of New York. https://www.dot.ny.gov/mutcd.
23. NOTICE TO BIDDERS – VEHICLE AND TRAFFIC LAW. The Contractor is hereby notified
that the specification and requirements contained in the New York State Vehicle and Traffic Law
(VLT) Title 3, Article 10, Section 385 entitled Dimensions and Weights of Vehicles, and Article
10, Section 52 are being made part of this Contract for work completed in the State of New York.
https://www.dot.ny.gov/nypermits/repository/73C9EA84C1942064E0430A3DFC052064
https://www.dot.ny.gov/divisions/operating/oom/transportation-systems/traffic-operations-
section/highway-permits/highway-law
24. NOTICE TO BIDDERS – LICENSED PROFESSIONALS. The Contractor is hereby notified that
anywhere in this contract that requires a design stamp or seal from a licensed professional and the
design is for work to be completed in the State of New York, the professional shall be licensed in
the State of New York.
25. NOTICE TO BIDDERS – NYSDOT HIGHWAY WORK PERMIT. The Contractor is hereby
notified that all work within the New York State Right-of-Way requires a Highway Work Permit
from the New York State Department of Transportation (NYSDOT). The Contractor shall sign on
as a joint applicant with the Agency for Form PERM 33 and participate in a pre-construction
meeting with NYSDOT. Accordingly, the Contractor shall provide the following information as
part of the Contractor submitted documents during Contract execution:
(a) PERM 33 - Highway Work Permit Application for Non-Utility Work
Shaftsbury STP 014-1(6) (Re-Ad) Advertised October 28, 2026
Page 11
(b) Certificate of Insurance (https://www.dfs.ny.gov/system/files/documents/2025/12/acord-
25-2025-12-liability.pdf), with NYSDOT named as Additional Insured and as the
Certificate Holder at the address of the issuing office below.
New York State Department of Transportation
Contract Management Bureau
50 Wolf Road, 1st Fl, Ste 1CM
Albany NY 12232
USA
(c) New York Construction Certificate of Liability Insurance Addendum:
https://www.dfs.ny.gov/system/files/documents/2021/02/acord_855_ny_2014-05.pdf
(d) Surety Bond – Performance bond in Applicant’s name, or deposit (Bank cashier’s check
required):
https://www.dot.ny.gov/divisions/operating/oom/transportation-
systems/repository/PERM%2044%20(9-10).pdf
(e) Proof of Worker’s Compensation Insurance (Form C-105.2, U-26.3 or SI-12), or proof of
exemption (Form CE-200) – Contact insurance carrier or licensed NYS insurance agent for
these forms. For additional information, refer to:
https://www.wcb.ny.gov/content/main/forms/Forms_EMPLOYER.jsp
(f) Proof of Disability Benefits Coverage (Form DB-120.1 or DB-155), or proof of exemption
(Form CE-200) – Contact insurance carrier or licensed NYS insurance agent for these
forms. For additional information, refer to:
https://www.wcb.ny.gov/content/main/forms/Forms_db_employer.jsp
(g) PERM 224-f(2) Labor Law Certification (Instructions: Check “No” for Parts 1 and 2.)
26. NOTICE TO BIDDERS – SUBSECTION 101.02. Subsection 101.02 is hereby modified
by revising the definition of “Contract” to add the phrase “General Special Provisions”
immediately following the phrase “Standard Specifications”.
27. NOTICE TO BIDDERS – SUBSECTION 728.02. When material is supplied in accordance
with Subsection 728.02(b) or Subsection 728.02(e), material in accordance with AASHTO M 180-
18 or AASHTO M 180-23 may be substituted in place of material meeting AASHTO M 180-25.
State of Vermont Agency of Transportation
Highways- TSB Environmental Section
219 N. Main Street
Barre, VT 05641
Memorandum
To: Project File
From: Sophia Seman, VTrans Biologist
Date: 7/17/2026
Subject: US Corps of Engineers (USCOE) Nationwide Permit Non-Notification Memo
I have reviewed project Project number for potential impacts to USCOE jurisdictional areas (wetlands and
waterways). I have determined the project qualifies as a Non-Notifying Activity (NNA) under the COE 2026
Nationwide Permit (NWP). All General and New England Regional Conditions of the Nationwide Permit
apply to this project, and a copy of the permit will need to be included in the contract documents. Respective
Contractors completing work authorized under this NWP need to be familiar with all conditions of this permit.
Please pay particular attention to VT Specific Regional Condition N and O as there are important in-stream time
of year and water specific restrictions. The Nationwide Permit is effective from March 15th 2026 to March 15th
2031.
If the Contractor proposes modified or additional project limits, the project may no longer qualify for coverage
under the NNA process. It is the Contractor’s responsibility to seek coverage of any project changes under the
NNA process, Nationwide Permit, or with a USCOE Individual Permit. Please contact the USCOE at (802)
872-2893 for any questions.
Attached:
NWP: 14 Linear Transportation Projects
General Conditions
Regional Conditions
USCOE VT Project Office Contact:
U.S. Army Corps of Engineers
New England District,
Vermont Project Office
11 Lincoln Street, Room 210
Essex Junction, Vermont 05452
(802) 872-2893, (802) 879-7638 fax
www.nae.usace.army.mil/missions/regulatory
cenae-r-vt@usace.army.mil
12
14. Linear Transportation Projects. Activities required for crossings of waters of the United
States associated with the construction, expansion, modification, or improvement of linear
transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and
taxiways) in waters of the United States. For linear transportation projects in non-tidal waters,
the discharge of dredged or fill material cannot cause the loss of greater than 1/2-acre of
waters of the United States. For linear transportation projects in tidal waters, the discharge of
dredged or fill material cannot cause the loss of greater than 1/3-acre of waters of the United
States. Any stream channel modification, including bank stabilization, is limited to the minimum
necessary to construct or protect the linear transportation project; such modifications must be
in the immediate vicinity of the project.
This NWP also authorizes temporary structures, fills, and work, including the use of
temporary mats, necessary to construct the linear transportation project. Appropriate measures
must be taken to maintain normal downstream flows and minimize flooding to the maximum
extent practicable, when temporary structures, work, and discharges of dredged or fill material,
including cofferdams, are necessary for construction activities, access fills, or dewatering of
construction sites. Temporary fills must consist of materials, and be placed in a manner, that
13
will not be eroded by expected high flows. Temporary fills must be removed in their entirety
and the affected areas returned to pre-construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
This NWP cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds
1/10-acre; or (2) there is a discharge of dredged or fill material in a special aquatic site,
including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404)
Note 1: For linear transportation projects crossing a single waterbody more than one
time at separate and distant locations, or multiple waterbodies at separate and distant
locations, each crossing is considered a single and complete project for purposes of NWP
authorization. Linear transportation projects must comply with 33 CFR 330.6(d).
Note 2: Some discharges of dredged or fill material for the construction of farm roads or
forest roads, or temporary roads for moving mining equipment, may qualify for an exemption
under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).
Note 3: For NWP 14 activities that require pre-construction notification, the PCN must
include any other NWP(s), regional general permit(s), or individual permit(s) used or intended
to be used to authorize any part of the proposed project or any related activity, including other
separate and distant crossings that require Department of the Army authorization but do not
require pre-construction notification (see paragraph (b)(4) of general condition 32). The district
engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.”
The district engineer may require mitigation to ensure that the authorized activity results in no
more than minimal individual and cumulative adverse environmental effects (see general
condition 23).
46
C. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case-specific
conditions imposed by the division engineer or district engineer. Prospective permittees should
contact the appropriate Corps district office to determine if regional conditions have been
imposed on an NWP. Prospective permittees should also contact the appropriate Corps district
office to determine the status of Clean Water Act Section 401 water quality certification and/or
Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain
permit authorization under one or more NWPs, or who is currently relying on an existing or
prior permit authorization under one or more NWPs, has been and is on notice that all of the
provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially
33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP
authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized,
or if, in the opinion of the Secretary of the Army or his or her authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the navigable
waters, the permittee will be required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
47
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to
the maximum extent practicable. Activities that result in the physical destruction (e.g., through
excavation, fill, or downstream smothering by substantial turbidity) of an important spawning
area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless
the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or
is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies,
asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in
toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake,
except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or
restricting its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization, storm water management activities, and temporary and
permanent road crossings, except as provided below. The activity must be constructed to
withstand expected high flows, including tidal flows. The activity must not restrict or impede the
passage of normal or high flows, including tidal flows, unless the primary purpose of the
activity is to impound water or manage high flows. The activity may alter the pre-construction
course, condition, capacity, and location of open waters if it benefits the aquatic environment
(e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or
other measures must be taken to minimize soil disturbance. If mats are used to minimize soil
disturbance, the affected areas must be returned to pre-construction elevations, and
revegetated as appropriate. In circumstances where the use of mats has caused significant
soil compaction, efforts using techniques (e.g., soil reaeration techniques) to break up the
48
compaction should be employed to return the soil to a pre-construction state prior to returning
to pre-construction elevations.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must
be used and maintained in effective operating condition during construction, and all exposed
soil and other fills, as well as any work below the ordinary high water mark or high tide line,
must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow, or during
low tides.
13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the
maximum extent practicable, after their use has been discontinued. Temporary fills must be
removed in their enti
- Enriched
- Yes
- Pdf Pages
- 191
- Vtrans Id
- C03193
- Categorized By
- llm
- Questions Due Raw
- 11/12/2026
Vermont Agency of TransportationIssuing agency·Vermont·via a public procurement portal