resolution relating to

RESOLUTION

2

Resolution Relating to

Sponsor(s)COUricil0 llober,3

Blais, Berezniak: License Loin.45

Introduced: 06/13/11

Referred to:67 AUTHORIZATION TO EXECUTE OBSTRUCTION LICENSE8 AGREEMENT WITH I.C.V. CONSTRUCTION, INC.

Action:

9 FOR 180-188 BATTERY STREET PROJECT CONSTRUCTION Date:

10

Signed by Mayor:

1112

CITY OF BURLINGTON1314 In the year Two Thousand Eleven

15 Resolved by the City Council of the City of Burlington, as follows:

1617 That WHEREAS, Investors Corporation of Vermont has received zoning and building permits

18 to construct a new four story building, including one level of underground parking and three

19

stories of business use above ground, at 180-188 Battery Street; and

20

WHEREAS, the construction of this building by ICV Construction, Inc. ("ICY")

21

necessitates the obstruction of sidewalks on King Street and Battery Street in front of the

22

construction site at 180-188 Battery Street for a period in excess of 30 days; and

23 .

WHEREAS, because such an obstruction requires the approval of the City Council, the

24 City Council authorized license agreements with ICV in September, 2010 and January, 2011,

25

such agreements terminating on April 30, 2011, pursuant to Charter § 48(49) and Burlington

26 Code of Ordinances § 27-32; and

27

WHEREAS, the continued construction of this building by ICV Construction, Inc.

28

("ICY") necessitates the continuing obstruction of sidewalks on King Street and Battery Street in

29

front of the construction site at 180-188 Battery Street fora period in excess of 30 days, and a

30 new approval by the City Council as noted above; and

31

WHEREAS, the Department of Public Works has reviewed ICV's new application and

32 approves of a new obstruction agreement subject to the terms and conditions attached hereto;

33

NOW, THEREFORE, BE IT RESOLVED that the Honorable Mayor Bob Kiss be and

34 hereby is authorized to execute a License Agreement with ICV to allow ICV for the period

35

2Page

36 Resolution Relating to AUTHORIZATION TO EXECUTE OBSTRUCTIONLICENSE AGREEMENT WITH I.C.V.

38

CONSTRUCTION, INC. FOR 180-188 BATTERY39

STREET PROJECT CONSTRUCTION40

41

May 1, 2011 to October 31, 2011 to obstruct the public thoroughfares on King St. and Battery St.

42 in substantially the same form as the agreement attached hereto, subject to the approval of the

43

City Attorney.

44

45

46

lb/emb/c: Resolutions 2011/License Agreement w ICV (extension of term) re 180-188 Battery St. (Waterfront Plaza Project)47

6/7/11

LICENSE AGREEMENT WITH ICV CONSTRUCTION, INC.MAY 1, 2011 -- OCTOBER 31, 2011

This LICENSE AGREEMENT is made by and between the City of Burlington, a

municipal corporation organized and validly existing under the laws of the State of Vermont

(hereinafter CITY) and ICV CONSTRUCTION, INC., a Vermont Corporation with its principal

offices in Burlington, Vermont (hereinafter ICV OR LICENSEE).

WHEREAS, the CITY owns property, including the street, sidewalk and greenbelt in

front of the property at 180 Battery St. on Battery St. and King St.; and

WHEREAS, ICV is in need of a continued obstruction and encumbrance of the street,

sidewalk, and greenbelt area in front (Battery St.) and on the side (King St.) of 180 Battery St.

totaling approximately 7400 square feet in order to conduct construction activities, including the

erection of a construction barrier around the construction site and the occupation of 5 metered

parking spaces; and

WHEREAS, ICV's project has been reviewed and approved by the Department of Public

Works (hereinafter DPW) subject to the conditions referenced herein; and

WHEREAS, such use of a public thoroughfare for periods in excess of 30 days requires

approval of the City Council under Charter Sec. 48XLIX and Code of Ordinances, Chap. 27, Sec.

27-32.

WITNES SETH:

NOW, THEREFORE, in consideration of the above and the mutual covenants contained

herein, the CITY and ICV enter into the following License Agreement:

1

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1. TERM

This license agreement shall become effective upon full execution of this Agreement, with the

commencement of the term of this agreement relating back to and beginning on May 1, 2011 and

continuing until its termination on October 31, 2011. At the termination of this Agreement ICV

shall promptly remove at its own expense all equipment and other materials or obstructions

placed upon the Premises and shall cease to obstruct the Premises. Such removal shall be

conducted with reasonable speed and diligence; time for prompt removal is of the essence. In the

event ICV fails to promptly such obstructions, said obstructions may be removed by the City and

ICV shall be liable for all expenses and costs associated with such removal, including reasonable

attorney's fees.

2. LOCATION

ICV may use and encumber and obstruct the street, sidewalk, and greenbelt area in front of 180

Battery St. on Battery St. and King St. for an area of approximately 7400 square feet, as is more

fully depicted on the attached plan, marked as Exhibit A, and hereinafter referred to as the

Premises. The purpose of this encumbrance is to allow for the placement of a construction barrier

related to the construction project at 180 Battery St., the placement of construction related

vehicles and equipment, and other construction related activities.

3. MAINTENANCE&PUBLIC PROTECTION

The Premises shall be maintained in accordance with all conditions set by DPW. Such conditions

shall include the following enumerated conditions but may also be supplemented by DPW upon

reasonable notice in the event DPW determines that the public safety, health and or welfare

require such supplemental conditions:

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2

a. ICV shall take all reasonable precautions to protect the public from potential hazards

resulting and emanating from the Premises due to activities related to the uses for

which this encumbrance is permitted.

b. ICV shall control the dust and dirt and other debris on the encumbered area and

adjoining areas, including picking up and sweeping such dust, dirt and debris. ICV

shall submit a dust control and street sweeping plan to DPW's excavation inspector

detailing the activities it shall take to control such dust, dirt and debris. ICV shall

take all additional reasonable activities requested by DPW to control such dust, dirt

and debris. ICV shall also follow all the terms and conditions of its approved Erosion

Prevention and Sediment Control Plan.

c. ICV shall maintain all construction barriers and keep them in good, working

condition. All costs associated with the maintenance and upkeep of construction

barriers are solely the responsibility of ICV.

ICV shall maintain lines of sight at the intersection of Battery St. and King St. so as

to allow motorists to observe traffic and enter and exit this intersection safely. The

barrier fence on King St. and on Battery St. shall be free of any mounted items,

including but not limited to signs and dust barriers. For a distance of seventy-five

(75) feet, starting at the Premises at the corner of the Premises on Battery St. and

King St. and going in both directions, ICV shall maintain the barrier fence in an open

manner, free from all sight obstructions. For this same distance and area, ICV shall

not allow obstructions and interferences in the lines of sight on the Premises or the

adjacent construction site.

e.

ICV shall institute and properly maintain a traffic control plan for all types of

vehicles and for pedestrians such that said vehicles and pedestrians are protected

3


from hazards and dangers emanating from the Premises and the associated

construction site and related construction activities. ICV shall erect proper signage to

redirect pedestrians safely from the Premises. ICV shall submit a traffic control plan

for pedestrians, including a plan for signage, to DPW's excavation inspector detailing

the activities it shall take to control such pedestrian traffic. ICV shall take all

additional reasonable activities requested by DPW to control such pedestrian traffic.

ICV shall submit a traffic control plan for vehicles, including a plan for signage, to

DPW's excavation inspector detailing the activities it shall take to control such

vehicular traffic. ICV shall take all additional reasonable activities requested by

DPW to control such vehicular traffic.

f. ICV shall protect all the utilities located on, about, adjoining, and adjacent to the

Premises and shall protect all utilities regardless of their proximity to the Premises

from all manner of harm and damage caused by activities conducted on or about or in

connection with 'CV's use of the Premises and the adjacent construction site. ICV

shall submit a utility protection plan to DPW's excavation inspector detailing the

activities it shall take to protect such utilities. ICV shall take all additional

reasonable activities requested by DPW to protect such utilities.

g. ICV shall not maintain or store any toxic or hazardous waste materials or

contaminants upon the Premises. ICV shall defend, indemnify and save the City

haiinless from any claims, causes of action, penalties, fines or other assessments, or

the expense and cost of cleanup arising out of or in connection with said hazardous or

toxic materials or contaminants upon said premises caused by ICV.

h. ICV shall be responsible for removing, hauling and properly disposing any

accumulated snow or ice on the Premises.

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4

4. PARKINGMETERS

ICV shall have the right to occupy, obstruct and encumber 5 metered parking spaces, 3 on King

St. and 2 on Battery St., as depicted on Exhibit A, for the duration of this Agreement, in order to

facilitate the construction project at 180 Battery St. and shall pay the fee set by Burlington Code

of Ordinances § 27-33, as further set forth in the provision related to fees below. ICV shall

comply with the provisions of said ordinance, including but not limited to the provisions on

parking bans. The City shall provide meter bags as set forth in said'ordinance. On completion of

the term of this Agreement, any parking meters that have been removed on behalf of ICV and its

construction project at 180 Battery St. shall be replaced by DPW at the full and sole cost of ICV.

In the event that ICV completes its final use of the metered parking spaces prior to the end of the

term of this Agreement and the meters have been replaced by DPW as herein provided, ICV shall

release its right to obstruct the metered parking spaces in writing.

5. PLAN TO REESTABLISH PUBLIC INFRASTRUCTURE

ICV shall submit its plan to reestablish the public infrastructure being obstructed and encumbered

by this Agreement to DPW's excavation inspector by July 1, 2011. Such plan shall cover all the

streets, sidewalks, greenbelts, curbing and any other areas on the Premises and property otherwise

disturbed by the work associated with and related to the use of the Premises and the construction

project adjacent thereto. Such plan shall set a completion date no later than October 31, 2011.

ICV shall be responsible for the cost of reestablishing the public infrastructure and for doing such

work. Such work shall be performed pursuant to all required permits, laws, ordinances or codes

and shall be completed by the completion date set forth above unless an express written extension

is granted by DPW. ICV acknowledges that to reestablish the public infrastructure on the

Premises, the new sidewalks, permeable pavers, and curbing that are required to be constructed

shall require DPW excavation permits, such permits to be issued to the excavation contractor on

5


behalf of ICV, who shall be bound by the terms and conditions of said permits, and such permits

to require additional insurance and bonding as required for such work pursuant to ordinance.

6. LICENSE FEE

There shall be a fee for this license of $23,225.00, the sum of the following: an application fee of

$25.00, the encumbrance fee of $7,400.00 ($1/SF), and the parking meter obstruction fee of

$15,800.00 ($20.00/day/meter-excepting Sundays). In the event of an early termination of the

obstruction of metered parking spaces and release of those spaces as set forth above, ICV shall be

entitled to a refund of the appropriate parking meter obstruction fee that has been paid but was

unused.

7. REVOCATION

This Agreement and the license granted herein shall be immediately revoked should ICV

discontinue use of the Premises. This Agreement shall also be revocable by the City upon 15

days written notice of a breach of the terms and conditions of this Agreement; ICV shall have the

right to cure said breach(es) within said 15 days, such cure being subject to the approval of DPW

which shall not be unreasonably withheld. Upon revocation, ICV shall promptly remove at its

own expense all equipment and other materials or obstructions placed upon the Premises and

shall cease to obstruct the Premises. Such removal shall be conducted with reasonable speed and

diligence; time for prompt removal is the essence in the event of revocation. In the event ICV

fails to promptly such obstructions, said obstructions may be removed by the City and ICV shall

be liable for all expenses and costs associated with such removal, including reasonable attorney's

fees.

8. INSURANCE

a. ICV shall maintain in effect throughout the term of this Agreement comprehensive public

liability insurance with an A rated insurance carrier, or better, qualified to transact

6

C:\Documents and Settings\lblanchard\Local Settings\Temporary Internet Files\Content.1ES\WI4P3EP8\License Agreement2[1].doc

business in the State of Vermont, insuring against all legal liability for injuries or

damages suffered as a result of the exercise of rights granted pursuant to this Agreement

in an amount not less than $1,000,000 for each occurrence and $2,000,000 general

aggregate. The City shall be named as an additional insured on such insurance policy.

b. Prior to the execution of the Agreement, ICV shall furnish the City with a certificate of

insurance which shall include the provision that the City is named as an additional

insured and shall be given 30 days written notification prior to cancellation of such

insurance. The certificate shall be attached to this Agreement as Exhibit B.

c. It is the responsibility of ICV to ensure that a current certificate of insurance is on file

with the City at all times. Failure to furnish and maintain a current certificate of

insurance on file with the City will result in an immediate revocation of this license,

notwithstanding the above provision related to reyocation for breach of this Agreement.

9. COMPLIANCE BOND

ICV shall provide a permit bond in the amount of five thousand dollars ($5,000) to guarantee

compliance with the terms and conditions of this Agreement, or a cash deposit in lieu thereof,

payable upon execution of this Agreement, such bond to remain in effect for a period of three (3)

years to guarantee that the terms and conditions of this License are complied with

10. INDEMNIFICATION

ICV agrees to indemnify, defend, and hold the City harmless and free from liability arising out of

ICV's use of the City's right-of-way and the Premises licensed herein and ICV agrees to make no

claim against the City or any of its officers, employees, agents or representatives for any loss or

damage caused by the City's use or maintenance of the Premises.

-

11. PERMITSANDCOMPLIANCE WITHLAW

7

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ICV shall be responsible for obtaining all necessary permits, City, State or federal, including by

not limited to zoning, building, dig-safe and excavation, prior any use requiring said permits.

ICV shall comply with all applicable laws, codes, or ordinances.

12.NUISANCES PROHIBITED

ICV shall not, during the term of this Agreement, on or in the Premises maintain, commit, or

permit the maintenance or commission of any nuisance or violation of any applicable City

ordinance, State or Federal statute, or controlling bylaw, code, regulation or condition whether

existing at the time of commencement of this Agreement or enacted, amended, or otherwise put

into effect during the term of this Agreement. Nor shall ICV act in a way or permit an action that

constitutes a public nuisance upon the Premises.

13.ASSIGNMENT OFRIGHTS

ICV shall not sell or assign its rights pursuant to this Agreement or permit the use of the Premises

or any part thereof by any other entity without the express prior written consent of the City. Any

unauthorized action in violation of this provision shall be void and shall terminate and

immediately revoke this Agreement and ICV's rights pursuant to this Agreement.

14.LIMITATION OFRIGHTS

ICV acknowledges that no property or other right is created other than that specifically defined

and limited by this Agreement.

15.WAIVER

No waiver of a breach of any of the covenants, agreements or provisions contained in this

Agreement shall be construed to be a waiver of any subsequent breach of the same or of any other

provision in the Agreement.

16. ENTIRE AGREEMENT

This Agreement contains the entire understanding of the parties with respect to the subject matter

8


hereof.

17. WRITING REQUIRED

No change, amendment or modification of this Lease Agreement shall be valid unless in writing

and signed by the parties hereto or their respective successors and assigns.

DATED at Burlington, Vermont this _ day of , 2011

CITY OF BURLINGTON

By:Witness

Bob Kiss, MayorDuly Authorize

ICV:

By:Witness

Duly Authorized Agent

9

C:\Documents and Settings\Iblanchard\Local Settings\Temporary Internet Files\Content.lE5\WI4P3EP8\License Agreement2[1].doc

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CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDENEYY)04/20/2011

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

PRODUCER COI TACT

Smith, Bell & Thompson, Inc, .(802)658-4600

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,.(802)658-619140 Main St., Suite 500P.O. Box 730 pa$ ES:

CUSTOMER ID fF:Burlington, VT 05402 —0730 INSURER(S) AFFORDING COVERAGE

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INSURED INSURERA:

Cincinnati Insurance Co. 10677ICV Construction, Inc INSURERS:30 Main Street INSURER C:Burlington, VT 05401 INSURERD:

INSURER E:INSURERF:

COVERAGES

CERTIFICATE NUMBER: 2010-2011 Master

REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

EE TYPE OF INSURANCE IEEEO POLICY NUMBER UdhVOG {MtNODENYYl LIMITS

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GENERAL LIABILITY CPPCPA0839784 06108/2011 1013012011 EACH OCCURRENCE $

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reference to general liabilityle: 180 Battery Street, Burlington, VT

CERTIFICATE HOLDER

CANCELLATION

City of BurlingtonCity Clerk's Office/Encumbrance ApplicationDivision149 Church StreetBurlington, VT 05401

©1988-2009 ACORD CORPORATION. All rights reserved.

ACORD 26 (2009109)

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Nancy Danforth/NDANFO

2R.,fyvL_

#la

CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)

04/20/2011

U,

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder In lieu of such endorsement(s).

PRODUCERSmith, Bell & Thompson, Inc.40 Main St., Suite 500P.O. Box 730Burlington, VT 05402-0730

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10677

INSURER E :

INSURER FCOVERAGES

CERTIFICATE NUMBER: 2010-2011 Master

REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

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to general liability

CERTIFICATE HOLDER

CANCELLATION

City of BurlingtonCity Clerk's Office/Encumbrance ApplicationDivision149 Church StreetBurilington, VT 05401

01988.2009 ACORD CORPORATION. All rights reserved.ACORD 26 (2009109)

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Nancy Danforth/NDANFO

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TRAFFIC CONTROL DURING CRANE OPERATION:

? NECESSARY SIGNS-• LANE NARROWS

LANE NARROWS WTTH ARROW INDICATOR• ROAD WORK. AHEAD• FLAGGER AHEAD

'TRAFFIC CONTROL COMPANY TO DE ON SHEDURING CRANE OPERATIONS'TRAFFIC CONTROL COMPANY TO WEARHARP HAT. REFLECTIVE VEST. AND EQUIPPED WITHSTOP 1 SLOW PADDLES'ORANGE CONES WILL SE PLACED AROUND THECRANE DURING OPERATIONS

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General Notes:During crane operation-

• Signage shall be as indicated on plan• All flaggers shall be equipped with a reflective vest• All flaggers shall be equipped with a hardhat• Any work that disturbs normal traffic signal operations shall be coordinated with the

City

When crane is non-operational-

• All traffic control devices shall be removed from view when not in use• Fence will be brought back into encumbrance area• Cones will be brought in

• Signs will be removed

• Two way traffic will resume as normal

LEGEND:

/let e KING STREET 3355 F

PATTER'," STREET- 4586 SF

-• - PROPERTY LINE

5 PARKING SPOTS INCLUDED IN THEENC IJMDRANCE

PLAN VIEW5cn.f: nls

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WATERFRONT PLAZA CONSTRUCTION SCHEDULE

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INVESTORS CORPORATION OF VERMONT

ICV Construction, Inc. b ICV Real Estate

Waterfront Plaza180 Battery StreetBurlington, VT 05401

DUST CONTROL PLAN

Project Description: Develop a four story office building with underground parking at 180Battery Street.

Project Start Date: 12/1/2010

Project End Date: 10/30/2011

Plan:

• Construction entrance will be limited to one, along Battery Street. (see attached)• Stabilized construction entrance will be maintained as per ESI plan #C4.03. (see

attached).• Daily sweeping along King and Battery Streets will occur to minimize any build up of dirt

from construction.• Roadway in front of construction entrance will be kept broom clean as truck enter / exit.• Water will be used to minimize dust as needed.• ICV Construction, Inc. will be responsible for implementing and maintaining this plan.

30 Main Street, Suite 401

Burlington, Vermont 05401

(802) 863.2311 FAX (802) 863-2313

ww icv-vt.com

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construction 1

Entrince

ENGINEERED

SOLUTIONS

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